A Summary of the beloved Dems,,,ummmmmmmmm work so far.
"The House and Senate entered recess for the summer last week, capping off a mixed first semester for the Democratic majority with an unprecedented and rowdy breakdown in the House as well as a shocking confirmation victory for Republicans in the Senate.
The two most startling developments of the end-of-semester action -- the Senate Judiciary Committee's approval of a maligned 5th Circuit nominee and the cut-off vote on the Agriculture bill -- play to the Republicans' advantage. The White House pulled out a win on renewal of the Foreign Intelligence Surveillance Act (FISA). Otherwise, Democrats won victories in expanding government.
Southwick Nomination: Last Thursday, Judiciary Committee Republicans and Democrats alike were caught off guard when Sen. Dianne Feinstein (D-Calif.) voted in favor of Mississippi Supreme Court Judge Leslie Southwick's nomination, giving Southwick a majority in the Judiciary Committee and sending his nomination to the floor.
- Southwick, nominated for the 5th Circuit Court of Appeals, was a prime target of the liberal groups behind the Democrats' filibuster campaign that began with Miguel Estrada's nomination in 2002. Southwick was targeted in good part because of his rulings on homosexual issues. For the groups in the liberal coalition fighting over nominees, homosexual issues are second-most important behind abortion -- and these priorities are reflected in Democrats' fundraising sources. The public arguments against Southwick usually rest on assertions he was racist. Feinstein, in voting in favor of his nomination, rejected those accusations outright.
- Southwick's victory was a surprise and a real failure for Majority Leader
Harry Reid (D-Nev.) and Judiciary Chairman Pat Leahy (D-Vt.). Leahy scheduled the Thursday vote in part to punish Minority Leader Mitch McConnell (R-Ky.) for "grandstanding" by offering an amendment calling for a floor vote on Southwick. Leahy had been honoring a GOP request to delay the vote, and when he scheduled the immediate vote for Thursday, it looked like a death sentence for the Southwick nomination.
- Leahy expected a party-line defeat of Southwick in committee, but Feinstein's switch, together with nine Republican senators' staying in line, gave Southwick a 10-to-nine victory. This was a serious embarrassment. While Republicans were never excellent at enforcing party unanimity in committee or on the floor, committee chairmen were almost never sandbagged this badly -- scheduling a vote expecting a win, and then losing. The closest thing in the GOP Congress was when Sen. George Voinovich (R-Ohio) sank John Bolton's nomination to be UN ambassador in 2005, shortly before a vote.
- Besides being a failure of Democratic leadership, Southwick's win is also a victory for McConnell and President Bush. McConnell's persistence paid off, and he succeeded in keeping Republicans in line. Southwick's win gives the White House some hope on future nominees -- including a possible Supreme Court nominee. But on that score, nobody should read too much into Feinstein's flip.
- Feinstein, the former mayor of San Francisco, has an undeserved reputation as a hard-core liberal. Ever since her tight reelection in 1998, she has amassed a somewhat moderate record, though none of the true moderate Democrats have seats on the Judiciary Committee.
- For both parties, judge battles -- especially at the circuit court level -- are primarily about serving the parties' activists. Voters are not tuned in to parliamentary squabbling on lower-court judges, but the groups that do much of the parties' heavy lifting put more weight on this issue than on most. For Democrats, the added pressure is that these groups are also major campaign contribution pipelines.
Intelligence: For all their toughness on most issues and their harsh criticism of executive branch assaults on privacy and civil liberties, Capitol Hill Democrats surrendered to the White House on updating the Foreign Intelligence Surveillance Act (FISA).
- Both Republicans and Democrats wanted to modify FISA to close a "loophole" that excluded from the act -- which allows for warrantless wiretaps of foreign entities -- foreign-to-foreign conversations that are routed through the U.S. The White House, however, upped the ante by demanding FISA extend to conversations in which only one party is outside the country, and the other is here. Democrats on the campaign trail call this "domestic spying" by the administration.
- This "domestic spying" is one of the chief points of attack that the mainstream media and the Democratic base use against the Bush Administration. It's telling, then, that Democrats caved and passed the White House bill.
- Although they are emboldened by the President's low approval ratings and by the low approval of the Iraq War -- and although they probably have the upper hand in foreign policy battles -- Democrats are still terrified of looking weak on security. This fear, which dates back to the beginning of the Cold War, will play an interesting role in the presidential election next year.
House: In an unprecedented turn of events on Thursday night, as the House approached summer recess, Democrats ended a vote prematurely as Republicans appeared about to pull off a win. This incident further poisons the well on Capitol Hill and reflects on Democratic inexperience in the majority.
- The measure under consideration -- a motion to recommit the Agriculture appropriations bill with instructions to add a provision prohibiting illegal immigrants from receiving food stamps -- was more show than substance. Under current law, illegals are not eligible for food stamps, but it was a good red meat vote for the GOP. Losing the vote is in no way a setback for Republicans nor a victory for Democrats. In fact, it probably cuts the other way.
- On orders from his party's leaders, Speaker Pro-Tempore Michael McNulty (D-N.Y.) gaveled closed a vote on the measure when it was tied 214 to 214, thus sinking the motion even as Republicans in the "Nay" column were visibly calling to change their votes to "Yea." This sent Republicans into chants of "shame! shame!", cries of cheating and a walkout. Tempers stayed high for the next two days until recess.
- The Democrats' rush to end the vote reflected more disorganization and panic than out-and-out cheating. After closing the vote at 214 to 214, Democratic leaders called for the vote to be reconsidered, and they won that vote 216 to 213 -- Democratic leaders had successfully flipped three of their own members. The question is: Why did they need such clumsy tactics to win the vote? Under the same circumstances in past congresses, Majority Leader Tom DeLay (R-Tex.) and Speaker
Dennis Hastert (R-Ill.) would have held the vote open long enough to flip their members and win -- a move that would have evoked protestations but would not have smacked of cheating and theft. The answer is: inexperienced Democratic leaders panicked.
- While the dust-up was sparked by a Democratic stumble, the majority held firm as Republicans spent the next two days launching various protests. On Friday, when the minority tried to reject approval of the previous day's Congressional Record because Democrats had scrubbed any trace of the original 214-to-214 vote, Speaker Pro Tempore John Murtha (D-Pa.) overruled the protesting Republicans and denied their call for a recorded vote.
- If there was any hope of a renaissance of civility on the Hill -- and there wasn't, really -- it's gone now. Things have been getting progressively worse for more than a decade, and the escalation will continue. Mainstream media anticipation of newfound congressionally civility was grounded in the hope that the Republican minority would return to its pre-Newt Gingrich docility. With the GOP caucus consisting mostly of Gingrich-era or DeLay-era conservatives, that's not going to happen. "