
House Minority Leader John Boehner has offered specifics about his recent call for a moratorium on new federal regulations, and TPM's gotten a look at just what kinds of regulations -- other than the obvious ones implementing health care and Wall Street reforms -- Boehner's plan would block.
Boehner last week endorsed the REINS Act, sponsored by Rep. Geoff Davis (R-KY), saying at his weekly press conference that "any rulemaking where the estimated cost to Americans would exceed $100 million," should not go into effect "without Congress voting on it first." That's short of the full moratorium Boehner initially called for, but could nonetheless be a recipe for gridlock and ugly politics. That standard in the act would ensnare scores of new regulations every year, including both broadly popular, time-sensitive ones, and others over which remain substantial partisan disagreement.
The REINS (Regulations from the Executive In Need of Scrutiny) Act requires congressional approval of most regulations with an economic cost of more than $100 million. The exceptions are rules written in emergency situations, enforcement of criminal laws, national security regulations, monetary policy rules proposed by the Fed Board of Governors, and the implementation of international trade agreements. Congress would have to explicitly sign off on everything else before it could take effect.
The $100 million figure is no accident. It's the cost threshold at which the Office of Management and Budget classifies a regulation as economically significant, requiring review by the Office of Information and Regulatory Affairs. Many such regulations are under review right now, according to OIRA's website. To cherry pick one from the Defense Department: "This rule implements policy, assigns responsibilities, and provides procedures for addressing child abuse and domestic abuse in military communities. It prescribes procedures for determining whether allegations of child abuse and allegations of domestic abuse meet criteria for entry into the Service Family Advocacy Program (FAP) Central Registry."
Most of the regulation that meet the standard are highly obscure. Some, like the above DoD rule, are sensitive but hardly politically charged. Others reflect policies that the GOP strongly opposes, and which would have a hard time surviving on the Hill under Republican leadership.
For instance, OIRA last year conducted 20 separate reviews of economically significant EPA regulations, including mandatory reporting rules for greenhouse gas emissions, and rules implementing a renewable fuel standard, as required by the Energy Independence and Security Act of 2007.
In the near future it will no doubt be reviewing economically significant rules pertaining to the implementation of the health care and Wall Street reform laws. Under Boehner's plan, all of them would be subject to a lengthy legislative process, and possibly to rejection.
Looking back at OIRA oversight in 2009, one gains a better understanding of the kinds of rules that would be subject to additional scrutiny, delay, and possibly rejection.
Only two Department of Veterans Affairs rules met the economic significance standard in 2009, but one of them was required before the VA health care system could be expanded to enroll more Category 8 veterans (higher income veterans without service-related disabilities).
Over at the Pentagon, one of three economically significant rulemakings provided for retroactive stop-loss special pay for service members.
Twenty-nine different Department of Health and Human Services rules were determined to be economically significant in 2009 including the implementation of provisions in the stimulus bill meant to promote the use of electronic health records, and guidelines for diminishing the risk of Salmonella in egg products.
This plan might be less far-reaching than Boehner's original moratorium plan, and would have to pass in Congress and be signed into law by President Obama -- a hard climb at best. But it provides a snapshot of the GOP's policy agenda ahead of an election in which they could take back the House of Representatives.
ballerina X
July 27, 2010 10:12 AM
what is it again about Pres. Obama that Boehner and his buddies feel that he is "The Executive In Need of Scrutiny". That's how the bill's title reads to me- (Halt) Regulations from the Executive In Need of Scrutiny.
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CityGuy
July 27, 2010 10:18 AM in reply to ballerina X
Cause he's a Democrat. See how easy that was! Of course, a Republican such as Shrub can spend trillions without so much as a nod from the big Orange Boner.
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Quitty
July 27, 2010 10:23 AM in reply to ballerina X
Yes, I wonder about that too. That's a very dark question.
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vasu
July 27, 2010 10:34 AM in reply to ballerina X
It's southern politics. Can't let a black man dictate policies that will affect the white mans bottom dollar. Especially if it is up lifting of everyone but the top 1.5%.
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Bearpaw
July 27, 2010 1:31 PM in reply to vasu
I wonder why they didn't call it the "New Onus On Socialist Executives Act"?
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Docb
July 27, 2010 2:19 PM in reply to Bearpaw
This is an excellent site on Deficit--tax breaks and the truth..
http://www.cbpp.org/cms/index.cfm?fa=view&id=966
Boneher has no plans remember when he had HC plan!
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Bama Belle
July 27, 2010 1:55 PM in reply to vasu
Um, isn't Boehner from Ohio? How is this just "southern politics?" Seems to me that we have a national problem that maybe we need to all focus on...
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vasu
July 27, 2010 2:00 PM in reply to Bama Belle
Ohio is on the boarder of the Mason-Dixon Line. The politics bleed over.
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calbearinillinois
July 27, 2010 7:53 PM in reply to vasu
And Boehner's district runs along the Kentucky border, which is basically (along with Southern Indiana and Illinois) where The South starts.
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jeffgee
July 27, 2010 12:07 PM in reply to ballerina X
They'd repeal all of that shit if 2012 yielded a President Romney or (shudder) Palin. After that, they'd open the floodgates of executive power.
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Rojo Johnson
July 27, 2010 3:10 PM in reply to jeffgee
If Palin becomes President, I'd seriously consider move to Canada. Their Conservative party is probably no worse than a Blue Dog Democrat.
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Matt Jones
July 27, 2010 10:15 AM
Wow, what a remarkable about-face from the party that brought us the "Unitary Executive", huh? I wonder what might have made them think the person in the WH might need scrutiny...
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slb
July 27, 2010 4:45 PM in reply to Matt Jones
Remarkable, but not surprising. They would never have gone for all that "unitary excutive" stuff when Bill Clinton was president, either. It comes under "special rules for Republican presidents."
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slb
July 27, 2010 4:47 PM in reply to slb
What may be amusing is that SCOTUS signed off on quite a bit of that "unitary executive" stuff while Bush was president. So now let's see if they decide to walk it back.
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jimbobuddy
July 28, 2010 2:36 AM in reply to slb
You're misreading it,..Bush was a Urinary President
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Signalman
July 27, 2010 10:17 AM
So the Iraq war would fall into the 'Congress has to sign off' category because of its cost, but Congress didn't bother to oversee it and President Bush ignored then-in-place laws requiring him to report periodically to Congress on how things were going in-theater.
Things Republicans like -- exempt. Things Republicans don't like -- not so much.
Got it.
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drv
July 27, 2010 10:25 AM
This is so clearly unconstitutional that even Boner knows it. Once a bill is signed by the President and becomes law Congress no role in its implementation. If they funded it then the President (executive branch) has all the power it needs via the Constitution to spend the money for the purposes stated in the law. Unless Boner and the GOP have their own version of the Constitution, that is.
It will amusing to see all the "unitary executive" practitioners in the GOP tie themselves in logical knots trying to explain how the executive branch of the government is now somehow beholden to Congress. Amusing, that it, if it weren't so damned hypocritical.
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It's Pat
July 27, 2010 10:44 AM in reply to drv
I'm sure you'll see the Teadrinkers come out against this proposal.
Oh. Wait.....
Nevermind.
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tinsk
July 27, 2010 11:16 AM in reply to drv
Although I'm not 100% sure, I don't think administrative department regulations go through Congressional approval first.
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TBender
July 27, 2010 12:11 PM in reply to tinsk
They sorta do.
If the bill that Congress votes on says Agency XYZ gets to write the regs for ABC, then Congress is pre-approving of those regs.
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calbearinillinois
July 27, 2010 12:35 PM in reply to tinsk
No, they don't. Because Congress can't be expected to write legislation that deals with minutae (seriously, think how big the Health Care bill would be and how long it would take if every aspect of HHS' conduct had to be spelled out), the agencies tasked with carrying out the law have to come up with regulations to implement it. Oftentimes the bill itself will overtly say somewhere that the Secretary (or other named official) has the right to make regulations to carry out the law. However, even if it doesn't, the agency tasked with carrying out the law will make rules to implement the law. If Congress doesn't like the regulations or their implementation, they have to write a new piece of legislation clarifying the permissible scope of regulations.
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Maritza
July 27, 2010 10:26 AM
The Republicans just want gridlock.
But if they do win the House, what are they expecting to accomplish?
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jdb316
July 27, 2010 10:46 AM in reply to Maritza
They're expecting to convince Americans that Obama stands in the way of their "fiscally conservative" agenda and that they should elect a Republican president in 2012.
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Sniffit
July 27, 2010 10:54 AM in reply to Maritza
Accomplish? NOTHING. They want ZERO to be done for 2 years so that everything can effectively fall apart even more and so the vast majority of Americans can suffer all the more. Then, in 2012, they'll point and say "look what darky did to you!!!"
The GOP: the most transparent thing in DC.
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Matt Jones
July 27, 2010 11:38 AM in reply to Sniffit
Why do Republicans hate America? ;)
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Lizskin
July 27, 2010 11:57 AM in reply to Matt Jones
So the party of no regulations is hot to impose an enormous new layer of time-and-money wasting regulation on the executive? How fiscally conservative of them.
Of course, they'll repeal it the minute a Repub manages to stea... I mean, WIN the presidency.
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It's Pat
July 27, 2010 10:48 AM
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cmaukonen
July 27, 2010 10:48 AM
Yes...If you get at least 50% of your profits from screwing people..screwing your customers, your employees, your investors, others in the community...I can see how regulations can effect your bottom line.
C
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condew
July 27, 2010 12:44 PM in reply to cmaukonen
Yeah, that's the aspect of Republicans I hate the most; they can't see the difference between an honest business -- making a better product at a lower cost than your competitor while paying a fair wage and minimising harm to people and the environment -- and scam artists who rip people off, sell poisonous products, collude to inflate their prices by buying out the competition and forming monopolies, and, of course, raping the environment.
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JimmyBobby
July 27, 2010 10:50 AM
Wow, an actual plan from a Republican. That's something new. Question: will this be indexed for inflation?
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vasu
July 27, 2010 11:11 AM in reply to JimmyBobby
Its not an actual plan. Because they can still walk it back, and probably will. "We didn't mean that. I swear!"
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pmccoy
July 27, 2010 10:57 AM
Likely the product of some BS session with his staff at Hawk and Dove or another of his favorite bars for getting wasted around the Capitol. Congressman "Hell no, you can't!" strikes again. The Rs are getting predictably greedy here, like in '94. Let's cheer 'em on!
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Steaming Pile
July 27, 2010 12:24 PM in reply to pmccoy
As Bartcop might say, "you look mighty proud of those pocket aces. Let's see a flop before you get all giddy on me."
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cwnidog
July 27, 2010 11:04 AM
Why is it that I think that they came up with the acronym first and that the contents of the proposed bill were an afterthought?
While I'd hardly consider myself a fan of the concept of a Unitary Executive, like drv says this is clearly an attempt by Republican congressmen to insert itself into an area clearly reserved for the Executive branch.
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Sparky McGruff
July 27, 2010 12:52 PM in reply to cwnidog
At least they didn't call it the "NEGRO" act (or worse). It's funny that this crew didn't have a problem with Cheney's unaccountable "fourth branch of government", but the dark skinned fella gives them heartburn.
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theWalrus
July 27, 2010 11:05 AM
Look, Boehner is only being fair considering all those executive branch regulations he passed under Bush. Right?
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kevbo
July 27, 2010 11:12 AM
So maybe Boehner in unbeatable in his district, but can we make it really, really expensive for him to get re-elected?
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kevbo
July 27, 2010 11:19 AM
If anyone else wants to throw some money at Boehner's opponent:
https://secure.actblue.com/contribute/entity/23957
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tinsk
July 27, 2010 11:30 AM
Why is it every time the government forces a business to be responsible, such as making an electric company clean up it's toxic ash pits, the GOP calls it a tax on hard working Americans.
If so, why wouldn't the GOP also consider the cost of the electric company's CEO's hookers, trips to Vegas, annual company picnic and Christmas party for all it's employees also be considered a tax on us hard working American?
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expat46
July 27, 2010 12:46 PM in reply to tinsk
It seems they're okay with regulations on small businesses, under $100 million, but they don't want any regulations on large businesses.
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jimson
July 27, 2010 11:36 AM
It's a great strategy to appeal to couch-potato Americans who don't understand politics: stop the federal government from doing anything, then as the economy and environment get worse, blame it on the other party and Democratic president who are in power. "It must be THEIR fault, they are the ones in power!"
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cosliberal
July 27, 2010 11:41 AM
At what point do Obama, Rahm, Axelrod and the truly ineffective leaders of the Democratic Party learn that the GOP is playing for keeps, party over the country, in an absolute bid for absolute power?
What these GOP clowns have done borders on treason, and needs to be shouted from the rooftops on a daily basis in order to drum the message into the rockheads of the American voter, who can only grasp 2 second bullet points, conveniently provided by Fox News.
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Powkat
July 27, 2010 12:17 PM in reply to cosliberal
Not soon, unfortunately. Axlerod was on TV spouting the 'gosh we try, but it's hard to get stuff thru the Senate' excuse on Sunday.
We KNOW that, sir. If you fight for policies and still don't get everything you want, we understand. The problem is you are not fighting for anything.
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condew
July 27, 2010 12:53 PM in reply to Powkat
+1 It's not that progressives aren't getting much of what the want, its that this administration will not fight for anything. When they do get involved, it's to demand that progressives cave to their Republican and conservadem buddies.
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The Commenter Formerly Known as NCSteve
July 27, 2010 2:33 PM in reply to condew
Yep. Been a totally unproductive first two years. Nothing's gotten accomplished of any consequence whatsoever.
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vasu
July 27, 2010 2:40 PM in reply to The Commenter Formerly Known as NCSteve
/me gives NCSteve the Snark badge of the day
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July 27, 2010 11:43 AM
It's stupid and unconstitutional. The Congress already has oversight and the House holds the purse strings.
I want to see some real governing. Come back with an idea and lets use the process to create some law, but no, it's a constant barrage of nonsensical moves. Except, are they really nonsensical at all?
The underlining cause is class.
They, the Republicans of today, want an Oligarchic Republic based on Social Darwinism and financed by brigand capitalism.
What else could explain these types of moves?
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draftedin68
July 27, 2010 11:53 AM
Plan B
If the REINS don't work, the'll go to the WHIP (White House Impertinence Prevention).
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barnacle
July 27, 2010 12:04 PM in reply to draftedin68
That will STING (Statutory Inhibition of Needless Government).
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justperceptions
July 27, 2010 12:11 PM
This sounds like a ridiculously unthought-out piece of moral-vomit. Moralizing on government spending is one thing, but attempting to make government spending even more a part of Congressional politics is absurd. Public funding, social security, and military safety equipment may grind to a halt on red tape. I'm not sure how many repuglican'ts want more bureaucracy in Washington, but it sounds awful over here.
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condew
July 27, 2010 1:00 PM in reply to justperceptions
Republicans are never specific. In high-school civics class we called this "glittering generalities". It sounds great to do tax cuts to "starve the beast" and in general, cut government spending. But it does not sound so great when you start cutting Social Security and Medicare, education, police, highway maintenance.
In Social Security and Medicare, Obama is deminstrating he's a fool. He'll turn the Republican's popular, general "cut spending" into a specific and politically suicidal actual cut where everyone will know somebody who was hurt.
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Kiz boy
July 27, 2010 12:20 PM
Right. How about: Republicans Engage In Nonsensical Strategies.
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An Outhouse
July 27, 2010 12:23 PM
"John Boehner and the Republican Party do not think that $99 million is a lot of money."
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Ken Riley
July 27, 2010 12:23 PM
Deep breath everyone: this is a bill. It has to pass both houses, including cloture vote(s) in the Senate, and Obama's veto pen. Obviously, if it got as far as the veto pen, it'd be unpleasant politics, but this thing is never going to be a law. (And, as someone pointed out earlier, it unconstitutional.)
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Steaming Pile
July 27, 2010 12:25 PM in reply to Ken Riley
It's only unconstitutional if Anthony Kennedy says it is.
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larmar
July 27, 2010 12:25 PM
We Dems better get the kids to turn off the video games and vote this November or we will be subjected to more Republican Lord of the Flies Government.
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colinjames
July 27, 2010 12:26 PM
Laws Onlycount When By Andfor Republicans (Low-Bar)
Best I could do.
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barnacle
July 27, 2010 12:46 PM in reply to colinjames
Not BAD (Ban All Democrats).
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colinjames
July 27, 2010 1:38 PM in reply to barnacle
Good one barnacle. Ban em both!
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colinjames
July 27, 2010 2:00 PM in reply to colinjames
Is this what Boener was goin for... LOW BROW HUMOR? (Laws Only Written By Republican Orange Weenies Hold Universal Might Over Regulations)
Okay I'm done. No more acronym acrobatics, I pulled a brain muscle on that one
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July 27, 2010 12:37 PM
If we are stupid enough to let the Rethugs take control of the House, we deserve what we get.
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Hobbes83
July 27, 2010 1:17 PM in reply to Suzanne
Sadly, I agree with you.
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Nightpundit
July 27, 2010 1:37 PM in reply to Suzanne
I have been saying that all along. And Rachel Maddow said it best: It only gets worse the more keep falling for it.
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calbearinillinois
July 27, 2010 12:48 PM
There is a constitutional way for Congress to do this. Pass a law that amends every other statute to strip executive agencies of any authority to make "economically significant regulations." Of course, that would leave it to Congress to try and forecast every such situation before passing a law in order to address it in the legislation, and create huge problems every time they failed to forsee an issue, and essentially cripple the modern administrative state as it has operated for 100 years or so, but it would be legal.
The actual proposal here is just lazy, seeing as how it seeks to block proposed executive action after already having delegated the power to act to the executive branch. For that reason this would likely wind up (as applied) amounting to a one-house "legislative veto", something the Supreme Court ruled was unConstitutional in INS v. Chadha, a decision hailed by Republicans at the time as a victory for narrow construction of the Constitution. Of course, that was 1983, so constraints on Presidential power were clearly unneccessary back then (snark).
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slb
July 27, 2010 4:56 PM in reply to calbearinillinois
+1
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biff diggerence
July 27, 2010 12:57 PM
" . . . Executive In Need of Scrutiny."
Boehner: Mr. President, Whip it Out.
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Ironcomments
July 27, 2010 1:12 PM
Geoff Davis real name is Jefferson Davis
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drmoore
July 27, 2010 1:13 PM
It's all about race. Coming soon. The NEGRO Act-Nuke Effort Gains to Republican Opposition Act
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barnacle
July 27, 2010 3:47 PM in reply to drmoore
BOEHNER SUX (Boehner Omission of Highly Necessary Emergency Regulation is a Sop to Uber-Xenophobes).
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Primordial Ooze
July 27, 2010 1:18 PM
Just let Joe Biden promulgate the regulations. He's not in the executive branch, right John?
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sean
July 27, 2010 1:32 PM
Ah, Geoff, my chinless congress critter has been a wanna-be in waiting for forever, always the bridesmaid to Jean Schmidt's C-List bride.
Still waiting for him to detail his "serious reservations" about DADT after only 3 or 4 requests as a resident of the 4th district and from a local family with 5 generations of military service...I mean, after all, Geoff volunteered that he had these "reservations" and that "top military generals" also shared these "reservations". I just wanted to know exactly what they were or are...whatever.
Still waiting Geoff like I'm still waiting for exactly why you thought Davis-Bacon, after Katrina, was just "outdated, Depression-era law".
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synchronicity
July 27, 2010 3:13 PM
He's flaunting and taunting hist stuff trying to get the corporations to buy him the Speaker of the House gig. Why does this make me think he of the word whore?
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stillidealistic
July 27, 2010 3:49 PM in reply to synchronicity
ummm, because it's a good analogy?
But seriously, this stuff the repubs are doing is apparently working, so why quit? The American people and more importantly, the repubs, in general, are not going to hold him accountable, so he is pretty much free to do what he wants. Whitman and Forina are trying to buy their races with their own money, why shouldn't he use the corporations money?
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Richard L. Adlof
July 27, 2010 6:41 PM
The Boner forgot to say that he was going to kick his feet and hold his breath until he turns blue . . .
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BrightLightsBigCity
July 28, 2010 8:44 AM
John, John, What next? Why are you even in government since you don't have a grasp of governance? Typical John Birch Republican!
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Spyder308
July 28, 2010 12:09 PM
Lets get rid of all those pesky Federal regulations like working blowout preventers on oil wells, and food regulations on Chinese imports, dumping toxic waist in our streams, and financial regulations on nice investmetns like Credit Default Swaps.
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