TPMDC
Sonia Sotomayor

Health Care

Conservatives Struggle With Key Anti 'Obamacare' Argument


Justice Antonin Scalia

For the challengers' constitutional attack against the individual mandate in President Obama's health care law to withstand scrutiny, they need to maintain two key questionable arguments.

The first is the plaintiffs' claim that the law's mandate and the penalty enacted to enforce the mandate are fully distinct. Their challenge depends on the court viewing the mandate as a command, and not part of a more general incentive.

Relatedly, they claim that the command itself is meant to draw non-participants into a market they may not want to enter. For this to fly, they have to contend that the market the government is regulating -- or that Congress intended to regulate -- is the market for health insurance and not the much broader market for health care services.

This has become a central point of contention, and it could be an issue on which the court's decision turns. And yet squaring the challenger's argument with the history and purpose of the health care law presents opponents of the law with a question they've had a very hard time answering.

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Topics: Antonin Scalia, Constitution, Donald Verrilli, Elena Kagan, HCR/SCOTUS, Health Care, Individual Mandate, John Roberts, Paul Clement, Sonia Sotomayor, Supreme Court

Supreme Court

Justices Skeptical That Health Care Mandate Is A 'Tax'

The Supreme Court kicked off oral arguments over President Obama's health care law Monday by dedicating 90 minutes to the one issue on which the White House and the Republican challengers agree: The justices should hand down a speedy ruling on the constitutionality of the law this summer, rather than punt it to 2015 or beyond.

Lawyers for the Obama Justice Department and for the 26 Republican-led states challenging the law agreed that an old statute called the Anti-Injunction Act -- which forbids people from challenging taxes in court unless they've already been assessed by the government -- does not apply in this case. The Supreme Court enlisted outside counsel to make the opposite case.

The justices appeared broadly skeptical that the law's fine imposed on Americans who fail to carry health insurance qualifies as a "tax."

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Topics: Antonin Scalia, Barack Obama, Clarence Thomas, Constitution, Elena Kagan, HCR/SCOTUS, Health Care, Health care lawsuits, Individual Mandate, John Roberts, Samuel Alito, Sonia Sotomayor, Stephen Breyer, Supreme Court

Roundup

TPMDC Morning Roundup

Obama's Economist Pick Seen As Sign Of New Agenda
The Associated Press reports: "Among the first announcements President Barack Obama will make upon returning from his Hawaiian vacation is his choice for top economic adviser, a decision that could signal a new direction for the administration as it struggles to jumpstart the economy and wrestle down unemployment."

Obama Looks To Chicago For Campaign Headquarters
Politico reports on how President Obama's campaign is considering basing its headquarters in Chicago, rather than the Washington area -- a move that no modern president has done: "Obama's top advisers have concluded that potential drawbacks to locating the headquarters in his home base of Chicago are outweighed by the benefits they anticipate from a break with precedent. And with Republican contenders already circling, there's a sense of urgency toward beginning to set up the reelection effort."

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Topics: 2012 elections, Barack Obama, DCCC, Health Care, House '12, Roundup, Sonia Sotomayor, Supreme Court, TARP

Supreme Court

Nelson: Kagan Less Popular In Nebraska Than Sotomayor


Sen. Ben Nelson (D-NE)

After having supported the nomination of Supreme Court Justice Sonia Sotomayor, Sen. Ben Nelson (D-NE) has decided not to support President Obama's second SCOTUS pick, Solicitor General Elena Kagan. Last night, in response to questions from TPMDC, he explained his differing decisions.

"[She's] just not been able to give people comfort," Nelson said. "The calls have been running -- there's a constituency not to vote for her. There's not a strong constituency to vote for her."

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Topics: Barack Obama, Ben Nelson, Elena Kagan, Sonia Sotomayor, Supreme Court

Supreme Court vacancy

Guess Who's Opposing Kagan? Endangered Republican Incumbents


(Clockwise, from top left) Senators Johnny Isakson (R-GA), John McCain (R-AZ), Robert Bennett (R-UT), Orrin Hatch (R-UT), Lisa Murkowski (R-AK) and Mitch McConnell (R-KY).

Can you guess why eight Republican senators -- including one who backed her for solicitor general -- are opposing Elena Kagan's nomination to the Supreme Court? In the year of the tea party, it's perhaps not so hard to figure out. Most of them are facing, have faced or might eventually face voters who think that they aren't conservative enough.

Sens. Jim DeMint (R-SC) and James Inhofe (R-OK), both of whom announced their opposition already, were probably always going to vote against Kagan anyway. But the other senators who have made their disapproval public have, at times, been considered of a more moderate persuasion. Sens. Johnny Isakson (R-GA), John McCain (R-AZ), Robert Bennett (R-UT), Orrin Hatch (R-UT), Mitch McConnell (R-KY) and Lisa Murkowski (R-AK) have something in common besides their already announced "No" votes on Kagan -- political targets on their back.

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Topics: Elena Kagan, Sonia Sotomayor, Supreme Court, Supreme Court vacancy

Supreme Court vacancy

Thurgood Marshall Takes Center Stage At Kagan Hearings (VIDEO)


The late Supreme Court Justice Thurgood Marshall.

Looks like Senate Judiciary Republicans have at least one unified talking point today: Justice Thurgood Marshall, the first African-American to ever serve on the Supreme Court, was an "activist judge." As Elena Kagan kept on her listening face, multiple senators slammed both Marshall's judicial philosophy and her service as his clerk in the late 1980s.

Ranking member Sen. Jeff Sessions (R-AL) criticized Kagan for having "associated herself with well-known activist judges who have used their power to redefine the meaning of our constitution and have the result of advancing that judge's preferred social policies," citing Marshall as his son, Thurgood Marshall Jr., sat in the audience of the Judiciary Committee hearings.

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Topics: 2010 elections, Elena Kagan, Jeff Sessions, John Cornyn, Jon Kyl, Orrin Hatch, Sonia Sotomayor, Supreme Court, Supreme Court vacancy, Thurgood Marshall

Supreme Court vacancy

Supreme Selection: What Obama's Reading


President Barack Obama reads in the Treaty Room Office of the Private Residence

President Obama thoroughly scoured files of Supreme Court nominee shortlisters in 2009, and is getting his reading in now as he considers contenders for the latest vacancy.

Staff work is going on behind the scenes as chief counsel Bob Bauer and his team prepared thick documents with research on potential nominees. An official told me that staff is reaching out to "a broad cross-section" outside groups such as the American Constitution Society and other judicial advocacy organizations as a sort of listening tour. Obama also huddled with the top judiciary panel members and Senate leaders this week before starting a phone call blitz to Democrats and Republicans on the committee.

Aides say advocacy group lobbying won't influence Obama, and that he wants to drill down into his research files on his own. He likes to do such reading late at night in his White House study. He's likely to bring some material on his nominees with him to read this weekend as he vacations with his family in the Blue Ridge Mountains in North Carolina.

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Topics: Barack Obama, Presidential vacation, Sonia Sotomayor, Supreme Court, Supreme Court vacancy, U.S. Supreme Court

Supreme Court vacancy

Obama Seeking Nominee In Stevens Mold And Asking Senate Leaders For Their View


President Barack Obama meets bi-partisan U.S. Senate Leaders

President Obama, already speaking with potential Supreme Court picks, today will huddle with key members of the Judiciary Committee tasked with confirmation hearings for his future nominee.

Administration aides tell me he'll solicit their ideas for names he should add to his (longish) short list for consideration, and that Obama will tell members he wants the schedule for his nominee to be just as speedy as the one they followed last spring with Sonia Sotomayor.

A White House official told me that Obama is looking for someone "with a similar set of skills" to Justice John Paul Stevens, known for his ability to win over the other justices using compelling arguments and never backing down from a fight. The official said a nominee with a political background, such as a governor, would have the skills that could help build "a constructive 5-person majority and not just write articulate dissents."

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Topics: Barack Obama, Jeff Sessions, John Paul Stevens, Patrick Leahy, Senate Judiciary Committee, Sonia Sotomayor, Supreme Court, Supreme Court vacancy

Supreme Court vacancy

White House: Obama Won't Make Cautious Court Pick Because GOP Will Oppose Whoever He Nominates


President Barack Obama

President Obama thinks Republicans will engage in a full battle over his Supreme Court nominee regardless of the person's ideological leanings, and in some ways "that realization is liberating for the president" to choose whomever he pleases, an administration official told TPMDC.

In comments that are at odds with the conventional wisdom about what Obama needs to do to make sure the Senate confirms his nominee to replace John Paul Stevens, a White House official involved in the confirmation process tells TPMDC that the President isn't taking a cautious approach to selecting a nominee. Despite having one less Democrat in the Senate than when Sonia Sotomayor was confirmed last year, the administration isn't limiting itself to reviewing only centrist candidates for the court vacancy, the official said.

"It doesn't matter who he chooses, there is going to be a big 'ol fight over it. So he doesn't have to get sidetracked by those sorts of concerns," the official told me. The GOP has attempted to obstruct "anything of consequence" put forth by the Obama administration since he took office, the official said. "The president is making this decision with a pretty clear view that whoever he chooses is going to provoke a strong reaction on the right," the official added.

The White House seems confident that because Democrats allowed votes on President George W. Bush's nominees, the 41 Senate Republicans won't stand in the way with the highly unusual judicial filibuster this year. After all, nine GOPers voted in favor of Sotomayor last summer in a relatively smooth fight for the president's first Supreme Court nominee. But this is a different year. Obama isn't just down one Democrat in the Senate, he's facing a frustrated electorate, a polarized nation and looming midterm elections that have Democrats from both chambers on the ropes.

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Topics: 2010 elections, Barack Obama, John Paul Stevens, Judicial Watch, Judicial nominees, Senate Judiciary Committee, Sonia Sotomayor, Supreme Court, Supreme Court vacancy

2010 elections

McCain: Tell Me Your SCOTUS Thoughts, Then Send Me $$


Sen. John McCain (R-AZ)

Sen. John McCain (R-AZ) is asking his political supporters to fill out a three-question survey about the Supreme Court vacancy, but also tells them that once they do, "you will be given the opportunity to make a generous donation to our efforts to elect likeminded leaders." The questionnaire asks questions that are hardly surprising, including how liberal of a justice McCain supporters think President Obama should choose.

The funds are for his Country First political action committee, not his campaign, but the Supreme Court fundraising comes as McCain faces a tough primary challenge from conservative JD Hayworth.

"We are often reminded that elections have lasting consequences on our country, and nothing reminds us of this more than when a vacancy occurs on the Supreme Court," McCain writes in the email, believed to reach millions of supporters of his presidential campaign.

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Topics: 2010 elections, AZ-SEN, Barack Obama, J.D. Hayworth, John McCain, Sonia Sotomayor, Supreme Court, Supreme Court vacancy

Supreme Court vacancy

Top Judiciary GOPer Signals Health Care Could Be Next Court Nominee's Litmus Test


The U.S. Supreme Court building and President Barack Obama

Sen. Jeff Sessions, the ranking member of the Judiciary Committee tasked with hearings for President Obama's Supreme Court nominee, today offered a strong hint about the direction Republicans may take toward the president's choice.

Sessions (R-AL) used his statement to criticize Obama's "empathy" standard for selecting Sonia Sotomayor last year for the high court.

But one sentence especially stood out: "There is much at stake, as the court's interpretation of the Constitution in the coming years could significantly affect the implementation of domestic polices approved by the president and Congress over the past year."

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Topics: Barack Obama, Health care lawsuits, Jeff Sessions, Judicial nominees, Senate Judiciary Committee, Sonia Sotomayor, Supreme Court, Supreme Court vacancy, U.S. Supreme Court, White House

Supreme Court vacancy

A Supreme Spring? Everyone Aiming For Quick Nomination Process


President Barack Obama and Vice President Joe Biden with US Supreme Court

President Obama moved swiftly last year in nominating Sonia Sotomayor for a vacancy on the court in less than a month, and Democrats are pushing for him to operate on the same time line now that he'll be filling Justice John Paul Stevens' seat.

White House aides last year said Obama, who learned of the retirement this morning on a flight back from Prague, would definitely consider others from his 2009 short list should there be another vacancy. When the White House wrote a new policy releasing names of visitors for the first time, the administration carved out an exception to allow potential nominees to slip by. Aides at the time specifically cited the Supreme Court nomination process as why they would allow for the exception to the new transparency policy.

Justice David Souter announced his retirement May 1, 2009 and Obama nominated Sotomayor May 26. The confirmation fight played out over the summer, with a final vote Aug. 6, and she was seated with plenty of time to help get settled and to participate in the choosing of the court's fall caseload. Congressional sources told me they'd like to see Stevens and the White House operate on the same time frame. One way for him to do that would be looking at his list from last year.

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Topics: Barack Obama, John Paul Stevens, Sonia Sotomayor, Supreme Court, Supreme Court vacancy, U.S. Supreme Court

Supreme Court

Conservative Operative: Everything Depends On Who Obama Nominates


Curt Levey

Reacting to the retirement announcement of Justice John Paul Stevens, a conservative operative who was one of the fiercest critics of Sonia Sotomayor tells TPMDC that he believes President Obama is in a weaker position now that he was fresh off the election last summer -- and that he will pick a "moderate" for the court.

Curt Levey, executive director of the Committee for Justice, tells TPMDC: "We'll certainly be involved one way or another. As the loyal opposition I'm sure we'll point out what we see as the weaknesses" of any Obama nominee.

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Topics: Barack Obama, Curt Levey, Diane Wood, John Paul Stevens, Merrick Garland, Pamela Karlan, Sonia Sotomayor, Supreme Court

Supreme Court

Supreme Court Scramble! Both Sides Prepping For Possible Stevens Retirement


Eight of the nine U.S. Supreme Court Justices

Call it the Stevens Supreme Court Scramble -- both sides are preparing for the next confirmation battle royale, should Justice John Paul Stevens' strong hints in recent days that he'll soon retire pan out.

Law professors and congressional staffers who have handled confirmations tell me that Solicitor General Elena Kagan has a good chance of making the top of President Obama's short list again, as she did when Sonia Sotomayor got the nod last year. Obama was widely impressed with her during his round of selection meetings, and she has already been thoroughly vetted. She also has the advantage of having been confirmed to her current post last year with seven Republican votes.

"It would be hard for Republicans to explain how they voted to confirm her for solicitor general without hesitation but she is now unacceptable," UC Berkeley law professor Daniel Farber, who clerked for Stevens early in his career, told me in an interview.

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Topics: Barack Obama, Elena Kagan, John Paul Stevens, Judicial nominees, Sonia Sotomayor, Supreme Court, White House

Carly Fiorina

Fiorina: I Would Have Voted To Confirm Sonia Sotomayor To The Supreme Court


Former Hewlett Packard CEO Carly Fiorina (R-CA)

Former Hewlett-Packard CEO Carly Fiorina, a candidate for the Republican nomination to run against Sen. Barbara Boxer (D-CA), may have just gotten herself in trouble with the right -- saying that she probably would have voted to confirm Sonia Sotomayor to the Supreme Court.

Dave Weigel reports:

At a breakfast with reporters this morning, California Senate candidate Carly Fiorina responded to a question about whether she would filibuster Obama nominees by saying that "elections have consequences," but that she'd look at the nominees' qualifications.

"I did not closely follow the Sonia Sotomayor nomination," said Fiorina. "I was battling breast cancer. But I probably would have voted for Sotomayor. She seemed qualified."

Look for state Rep. Chuck DeVore, Fiorina's opponent in the Republican primary, to use this against her in his efforts to be the hard-line conservative option.

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Topics: CA-SEN, Carly Fiorina, Chuck DeVore, Senate '10, Sonia Sotomayor, Supreme Court

FL-SEN

Ex-Miami Mayor Enters Senate Race, Targets Hispanics


Sen. Candidate Maurice Ferre (D-FL)

Former Mayor of Miami Maurice Ferre announced his bid for the Democratic nomination in Florida's open U.S. Senate race this morning. Ferre, a native of Puerto Rico, is expected to make Florida's sizable Hispanic community a centerpiece of his campaign.

The 74 year-old was first elected to run Florida's largest city in 1973, becoming the first Puerto Rican to get the job. He served six terms before being defeated in 1985. He's been out of public office since 1996, and the last time he won a race of 1993. Since that time, Ferre lost three successive bids for Miami-Dade county mayor, the last coming in 2004.

When he first started talking about running for the Senate back in early Sept., Ferre said he was troubled that the retirement of Sen. Mel Martinez (R) meant a loss of political power for Hispanics in the Florida, and state activists hoped a Ferre bid could keep their population in the spotlight.

Of course, the race -- which also includes Gov. Charlie Crist (R) and Rep. Kendrick Meek (D) -- already has a Hispanic candidate in former state House Speaker Marco Rubio, who is of Cuban descent. But Hispanics in the state were disappointed with Rubio when he came out against the nomination of Justice Sonia Sotomayor over the summer.

Ferre has a uphill climb if he wants to be competitive in the Dem nomination fight. Meek has been a successful fundraiser and has locked up the endorsements of unions and key national Democrats, including Bill Clinton.

In past conversations, Meek officials have suggested Ferre's candidacy doesn't indicate that Hispanics could be trouble for the Rep., claiming that Meek's relationship with the important Florida demographic group is 'excellent.' They suggest that though Ferre is well-regarded, his candidacy for the nomination is less-than-serious and they don't anticipating it putting a dent in Meek's march toward the nomination next year.

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Topics: Charlie Crist, FL-SEN, Kendrick Meek, Marco Rubio, Sonia Sotomayor

Barack Obama

TPMDC Morning Roundup

AP: BaucusCare Is Industry's Favorite So Far
The Associated Press reports that the Baucus health care plan appears to be the health insurance industry's favorite proposal so far, with mandates for people to purchase coverage, and no significant competition from the government -- and stocks have gone up since it was announced. However, a spokesman Americans Health Insurance Plans said they still have concerns: "We have some significant concerns, particularly the new taxes that are going to make health insurance less affordable."

Obama's Day Ahead
President Obama will hold a rally on health insurance reform at 11:40 a.m. ET in College Park, Maryland. At 2:05 p.m. ET, he will posthumously award the Medal of Honor to Sgt. First Class Jared C. Monti, whose parents will accept the medal. At 5:15 p.m. ET, Obama will host a viewing of portions of a documentary, "The National Parks: America's Best Idea."

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Topics: Barack Obama, Barney Frank, Health Care, Joe Wilson, MA-SEN, Max Baucus, Sonia Sotomayor, Supreme Court

Health Care

TPMDC Morning Roundup

Dem Talking Points: We Won't Kill Old People
The Hill reports that Senate Democrats have circulated a set of talking points, entitled "Responding to Opponents of Health Insurance Reform." One criticism that Dems are to rebut is, "The government will kill old people because they're too expensive to keep alive," responding that this is "outrageous and absolutely false."

Obama's Day Ahead
President Obama and the First Lady will host a reception in the East Room at 10:15 a.m. ET, honoring Justice Sonia Sotomayor. At 3:10 p.m. ET, the President and First Lady will host the Medal of Freedom ceremony.

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Topics: Arlen Specter, Barack Obama, Chris Dodd, Health Care, Larry Summers, Social Security, Sonia Sotomayor, Supreme Court, Tea Party

Barack Obama

TPMDC Morning Roundup

Obama Looks To Regain Momentum Over Recess
Roll Call reports that President Obama plans to use the August recess to regain momentum in the health care debate. "It's been confusing for people and there's a lot of misinformation, so the president is going to use August to set the record straight," said an unnamed senior White House official. "He'll be very direct."

Obama's Day Ahead
President Obama is spending today in Guadalajara, Mexico. He will hold a trilateral meeting at 10 a.m. ET with Mexican President Felipe Calderón and Canadian Prime Minister Stephen Harper. The three of them will hold a press conference at 12:30 p.m. ET. Obama will depart from Mexico at 2:15 p.m. ET, arriving back at the White House at 6:35 p.m. ET.

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Topics: Bailout, Barack Obama, Health Care, Hillary Clinton, Iran, Sonia Sotomayor, Supreme Court

Barack Obama

TPMDC Saturday Roundup

Obama: "Outlandish Claims" About Health Care Bill Are "Simply Not True"
In this week's YouTube address, President Obama rebutted what he called "outlandish claims" that have been made against his health care plan:

"So, let me explain what reform will mean for you," said Obama. "And let me start by dispelling the outlandish claims that reform will promote euthanasia, cut Medicaid, or bring about a government takeover of health care. That's simply not true. This isn't about putting government in charge of your health insurance; it's about putting you in charge of your health insurance.

Virginia Gubernatorial Race Takes Center Stage In GOP Address
This weekend's Republican address was delivered by Bob McDonnell, the GOP nominee for Governor of Virginia. He delivered a standard conservative message, with a focus on how these issues affect his own state as well as the country at large:

"As I travel throughout Virginia, I listen to our people who are concerned about the jobs they have, worried about finding the jobs they need, and concerned about what jobs will be available for their kids in the years ahead," McDonnell said, later adding: "As Republicans, we believe you create jobs by keeping taxes and regulation low, and litigation at a minimum."

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Topics: Barack Obama, Health Care, Hillary Clinton, Sonia Sotomayor, Supreme Court, Tea Party, VA-GOV

Supreme Court

Nine Republicans Vote For Sotomayor

Nine Republicans voted to confirm Sonia Sotomayor to the Supreme Court, giving her that 68-31 margin.

Here's who they are: Lamar Alexander (TN), Kit Bond (MO), Susan Collins (ME), Lindsey Graham (SC), Judd Gregg (NH), Richard Lugar (IN), Mel Martinez (FL), Olympia Snowe (ME) and George Voinovich (OH).

All 31 other Republicans voted no. All 59 Democrats present voted yes, with Ted Kennedy missing the vote.

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Topics: Sonia Sotomayor, Supreme Court

Sonia Sotomayor

TPMDC Morning Roundup

Sotomayor Set To Be Confirmed Today
The Senate is expected to vote today to confirm Sonia Sotomayor to the Supreme Court. Her confirmation is essentially guaranteed, as no Democrats have come out against her, and eight Republicans are now set to vote in favor of the nomination as well.

Obama's Day Ahead
President Obama will meet with members of the Senate Finance Committee at 11:30 a.m. ET. He will meet with Sec. of the Treasury Tim Geithner at 3:15 p.m. ET. He will meet at 4 p.m. ET with John Brennan, the Assistant to the President for Homeland Security and Counterterrorism. He will speak at a 6:40 p.m. ET fundraiser in Virginia for state Sen. Creigh Deeds, the Democratic nominee for governor this year, and then speak at a 7:10 p.m. ET rally for Deeds.

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Topics: Barack Obama, Judd Gregg, Sonia Sotomayor, Supreme Court

Sonia Sotomayor

GOP Sen. Kit Bond To Vote For Sotomayor

Sen. Kit Bond (R-MO) has announced that he will vote to confirm Sonia Sotomayor to the Supreme Court, the Kansas City Star reports.

"Elections do have consequences," said Bond, adding that he's voted in the past for justices with whom he disagreed, and that Sotomayor is well qualified.

Sotomayor currently has seven Republicans set to vote for her: Bond, Mel Martinez (FL), Lindsey Graham (SC), Lamar Alexander (TN), Dick Lugar (IN) Olympia Snowe (ME) and Susan Collins (ME). No Democrat has come out against her.

It's worth pointing that Bond will neither pay any price among the GOP base, nor win over swing voters -- he's retiring in 2010.

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Topics: Sonia Sotomayor, Supreme Court

Tea Party

TPMDC Morning Roundup

DNC Web Ad Blasts Republican "Angry Mobs"
The Democratic National Committee is expanding its public relations push against the Tea Party crowds that are interrupting town hall meetings, with this new Web ad tying the right-wing base to the GOP establishment:

"Now, desperate Republicans and their well funded allies are organizing angry mobs -- just like they did during the election," the announcer says. "Their goal? Destroy President Obama, and stop the change Americans voted for overwhelmingly in November."

Obama's Day Ahead
President Obama will be traveling today to Warakusa, Indiana. He will arrive at South Bend Regional Airport at 11:10 a.m. ET, and will deliver remarks on the economy at Monaco RV in Warakusa at 11:55 a.m. ET. He will depart from South Bend at 1:35 p.m. ET, and will arrive back at the White House at 3:20 p.m. ET.

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Topics: Auto Industry, Barack Obama, Bill Clinton, George W. Bush, Health Care, Hillary Clinton, Joe Biden, Sonia Sotomayor, Supreme Court, Tea Party

Sonia Sotomayor

TPMDC Morning Roundup

Senate To Take Up Sotomayor Confirmation
The full Senate is set to begin debating the Sonia Sotomayor nomination today, with a final vote as early as Thursday. Sotomayor is on track to win confirmation by a comfortable margin, with all or nearly all Democrats plus a few Republicans supporting her.

Obama's Birthday Ahead
Today is President Obama's 48th birthday -- but in terms of his schedule, it's a regular work day at the White House. Obama will meet at 11:05 a.m. ET with Dave Rehbein, the National Commander of the American Legion. At 12 p.m. ET, he and Vice President Biden will have lunch with the Senate Democratic Caucus. Obama will meet with Biden at 3:45 p.m. ET, and with Sec. of Defense Robert Gates at 4:30 p.m. ET.

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Topics: Auto Industry, Barack Obama, Bill Clinton, Health Care, Joe Biden, Nancy Pelosi, Sonia Sotomayor, Stimulus, Supreme Court

John McCain

McCain Opposes Sotomayor, Attacks Her As Activist Judge

Sen. John McCain (R-AZ), who was of course President Obama's Republican rival in the 2008 general election, has announced that he will vote against Sonia Sotomayor, Obama's first nominee to the Supreme Court.

In his floor statement, McCain harshly criticized Sotomayor as an activist judge who does not respect the legislative branch, the written law, or the will of the people -- and who is now trying to hide from that record:

I know of no more profoundly anti-democratic attitude than that expressed by those who want judges to discover and enforce the ever-changing boundaries of a so-called 'living Constitution.' It demonstrates a lack of respect for the popular will that is at fundamental odds with our republican system of government. And regardless of one's success in academics and government service, an individual who does not appreciate the common sense limitations on judicial power in our democratic system of government ultimately lacks a key qualification for a lifetime appointment to the bench.

Though she attempted to walk back from her long public record of judicial activism during her confirmation hearings, Judge Sotomayor cannot change her record.

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Topics: John McCain, Sonia Sotomayor, Supreme Court

Ben Nelson

Ben Nelson To Vote For Sotomayor

Sen. Ben Nelson (D-NE) has announced that he will vote to confirm Sonia Sotomayor to the Supreme Court, the Lincoln Journal Star reports -- bringing her one of the last conservative Dem holdouts who hadn't yet stated a position.

"The record shows she is not an activist," said Nelson, adding that Sotomayor has "a great respect for the law."

This means that not only is Sotomayor on track for an easy confirmation, but that the National Rifle Association's last-ditch effort to demand that Senators vote against her has fallen flat. Pro-gun Democrats from across the country are voting for her, anyway. Nelson had previously indicated that the NRA's grading would not be a factor: "I'd probably have a good rating regardless."

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Topics: Ben Nelson, Sonia Sotomayor, Supreme Court

Barack Obama

TPMDC Morning Roundup

Two Sides Taking Health Care Debate Outside Washington
The Obama Administration and its opponents will be spending the August recess heavily promoting their sides of the health care debate. "Our job is to help folks understand how this will help them," said David Axelrod. On the other end of the spectrum, Sens. Tom Coburn (R-OK) and John Barrasso (R-WY) will be going on the road with their "Senate Doctors Show," warning against the Democratic plan.

Obama's Day Ahead
President Obama will deliver remarks at 11:05 a.m. ET, on the Post-9/11 G.I. Bill. At 12:30 p.m. ET, he will meet with Shaykh Al-Ahmad Al-Jaber Al Sabah, Amir of Kuwait, and the two of them will be joined by Vice President Biden for lunch at 12:45 p.m. Et. Obama will meet with Sen. Tom Harkin (D-IA) at 3:30 p.m. ET.

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Topics: Barack Obama, Chuck Grassley, Health Care, Hillary Clinton, Iran, Joe Biden, Mike Enzi, Orrin Hatch, Sonia Sotomayor, Supreme Court

Barack Obama

TPMDC Saturday Roundup

Obama: Economic Situation Improving, But More Work Needed
In this weekend's YouTube address, President Obama said that the latest GDP numbers show that the stimulus bill is working, and that the economy is on the way to recovery -- but there is still work to be done:

"This won't happen overnight. As I've said before, it will take many more months to fully dig ourselves out of a recession - a recession that we've now learned was even deeper than anyone thought," said Obama. "But I'll continue to work every day, and take every step necessary, to make sure that happens. I also want to make sure that we don't return to an economy where our growth is based on inflated profits and maxed-out credit cards - because that doesn't create a lot of jobs. Even as we rescue this economy, we must work to rebuild it stronger than before."

GOP Address: "Republicans Want Health Care Reform That Works"
In this weekend's Republican address, Sen. John Thune (R-SD) warned against a government takeover of health care by the Democrats:

"Republicans want health care reform that works. Reform that brings down costs for families and small businesses, and reform that provides better care to more people," said Thune. "On all these points, the current proposals by the President and the Democrat leadership in Congress fall short. Their plan for government-run health care would disrupt our current system and force millions of Americans who currently enjoy their employer-based coverage into a new health care plan run by government bureaucrats."

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Topics: Al Franken, Barack Obama, Health Care, Mike Huckabee, Sonia Sotomayor, Stimulus, Supreme Court

Barack Obama

TPMDC Morning Roundup

Beer Summit Goes Down Smoothly, Participants Agree To Have Lunch
The "Beer Summit" of President Obama, Harvard Prof. Henry Louis Gates and Cambridge Sergeant James Crowley appeared to conclude successfully yesterday -- with the three of them agreeing to meet again for lunch at a later time. Gates gave this very memorable line: "We hit it off right from the beginning. When he's not arresting you, Sergeant Crowley is a really likable guy."

Obama's Day Ahead
President Obama will meet with business leaders at 12 p.m. ET. He will meet with Vice President Biden and Sec. of State Hillary Clinton at 3:30 p.m. ET. Obama and Biden will host a meeting with member of the Cabinet at 6:15 p.m. ET at Blair House, and they will return to the White House at 10 p.m. ET.

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Topics: Barack Obama, Chuck Grassley, Eric Cantor, Health Care, Israel/Palestine, Mike Enzi, Sonia Sotomayor, Supreme Court

John Cornyn

Cornyn: Dems "Ought To Be Ashamed" For Using Race In Sotomayor Debates

Sen. John Cornyn (R-TX) has accused the Democrats of using race as a wedge issue in the Sonia Sotomayor confirmation process -- that is, the Dems have been "giving cover to groups and individuals to nurture racial grievances for political advantage."

Cornyn was responding to statements from Harry Reid and other Democrats, that the GOP's opposition to Sotomayor will hurt them among Latino voters.

"I don't think it influences people's votes, but what it does encourage is a very poisonous -- indeed a very toxic -- tone of destructive politics," said Cornyn. "They ought to be ashamed of themselves."

Of course, this accusation can certainly cut both ways. Remember how the right wing celebrated the New Haven firefighters case?

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Topics: John Cornyn, Sonia Sotomayor, Supreme Court

Health Care

TPMDC Morning Roundup

CBS/NYT Poll: Public Conflicted About Health Care
A new CBS/New York Times poll finds the public feeling conflicted about health care reform. On the one hand 66% of adults favor a public options, and 55% say the government should guarantee health coverage for all Americans. On the other hand, 56% are very concerned that businesses would cut jobs if government acts to cover all Americans, and a 45% plurality are very concerned that their own taxes would go up.

Obama's Day Ahead
President Obama will meet with President Gloria Macapagal-Arroyo of the Philippines, at 3 p.m. ET. He will meet with Treasury Sec. Tim Geithner at 4 p.m. ET, and with Vice President Biden at 4:30 p.m. Then at 6 p.m. ET, he will meet outside the Oval Office with Cambridge Police Sergeant James Crowley and Harvard Prof. Henry Louis Gates Jr, for that round of beer that was announced last week.

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Topics: Barack Obama, Birth Certificate, Health Care, Hillary Clinton, John Cornyn, Rudy Giuliani, Sonia Sotomayor, Supreme Court

Health Care

TPMDC Morning Roundup

WaPo: Dems Boning Up On Health Care Bill
The Washington Post reports that House Democrats have gone through a five-hour meeting on the health care bill, in which they were briefed on the ins and outs of the 1,000-page bill section by section. "No one's going to say we haven't read the bill," said Rep. Dutch Ruppersberger (D-MD). After a cram session like this, they better ace their finals...

Obama's Day Ahead
President Obama will hold an 11:55 a.m. ET town hall meeting on health care reform in Raleigh, North Carolina. He will depart Raleigh at 2:45 p.m. ET, arriving in Bristol, Tennessee, at 3:40 p.m. ET. At 4:15 p.m. ET, he will hold another town hall on health care reform in Bristol, Virginia, with Kroger Supermarket employees. He will depart from Bristol at 6 p.m. ET, arriving back at the White House at 7:25 p.m. ET.

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Topics: Barack Obama, Colin Powell, Health Care, Mitt Romney, NJ-GOV, Pres '12, Rush Limbaugh, Sonia Sotomayor, Supreme Court, Tim Pawlenty

FL-SEN

Rubio: "It's Curious" How Crist Came To Oppose Sotomayor

Former Florida state House Speaker Marco Rubio is having a rough time in his campaign for Senate, in which he's running as an insurgent conservative challenger against moderate Gov. Charlie Crist -- but he's claiming credit for pushing Crist to the right.

Crist recently came out against the nomination of Sonia Sotomayor to the Supreme Court -- putting himself to the right of retiring GOP Sen. Mel Martinez, the man that Crist and Rubio are aiming to succeed, who supports Sotomayor. Rubio sees this as a sign of Crist reaching out to conservatives.

"A few months ago he appointed a judge to the Florida Supreme Court that is much more liberal than (Sotomayor) is in terms of his views," Rubio said told Bay News 9. "We agree on it, but it's curious how he got there."

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Topics: FL-SEN, Senate '10, Sonia Sotomayor, Supreme Court

Chuck Schumer

Schumer Predicts More GOP Support For Sotomayor After Graham Announcement

Sen. Chuck Schumer (D-NY) has released this statement regarding Sen. Lindsey's Graham's (R-SC) announcement that he'll vote to confirm Sonia Sotomayor, with Schumer predicting that more Republican support will be on the way:

"No one questioned Judge Sotomayor more pointedly at the hearings than Senator Graham. For a bellwether vote like him to endorse her suggests that more Republicans should end up supporting her as well."

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Topics: Chuck Schumer, Lindsey Graham, Sonia Sotomayor, Supreme Court

Health Care

GOP Delay On Sotomayor Could Complicate Health Care

Yesterday, the Senate Judiciary Committee delayed by one week a scheduled vote on the nomination of Supreme Court nominee Sonia Sotomayor. Prompted by committee Republicans, the delay is a procedural tactic, and a common one--other Judiciary Committee nominees, including Attorney General Eric Holder, and OLC chief-designate Dawn Johnsen, suffered similar obstacles, as have myriad Obama nominees in other committees.

But in a coincidence that will no doubt please health care reform opponents, the delay will almost certainly push a floor debate over Sotomayor's confirmation into August. And if leaders don't postpone recess, that will further imperil Democratic hopes of finishing a bill in the Senate before adjournment.

"We expected that," said Jim Manley, spokesman for Sen. Majority Leader Harry Reid. "This is not going to impact our schedule at all."

Planned or not, though, the delay highlights the time crunch Senate Democrats have faced for weeks now. Judiciary Committee ranking member Jeff Sessions (R-AL) is reportedly seeking four days of debate over Sotomayor on the Senate floor. President Bush's Supreme Court nominees John Roberts and Samuel Alito faced similar timeframes.

Senate Democrats are currently debating the 2010 Defense Authorization act, while the Finance Committee continues drafting a health care bill. If the Senate finishes work on the defense legislation before health care legislation has been finalized, and before Sotomayor has been reported out of committee, precious days will slip away as progress is made on neither.

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Topics: Harry Reid, Health Care, Senate, Senate Judiciary Committee, Sonia Sotomayor, Susan Collins

Sonia Sotomayor

Sotomayor Vote Delayed Until July 28

The Senate Judiciary Committee will vote on Sonia Sotomayor's confirmation to the Supreme Court on July 28, a week from today. The vote was originally scheduled for today, but Chairman Patrick Leahy (D-VT) granted a delay request made by Republicans.

Leahy reportedly said he was disappointed in the stall, but still expects her to be on the bench for the Supreme Court's fall session. Sen. Jeff Sessions, the committee's ranking Republican, said he expects Sotomayor to be confirmed by early August.

In other news, Republican Sen. Susan Collins of Maine has announced she will vote for Sotomayor's confirmation. She is the fourth Republican to do so, after Olympia Snowe, Richard Lugar and Mel Martinez.

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Topics: Jeff Sessions, Patrick Leahy, Senate Judiciary Committee, Sonia Sotomayor, Susan Collins, U.S. Supreme Court

Health Care

The Mark-Up, 07-20-2009

TPMDC's update on the biggest initiatives on Capitol Hill.

  • Health Care: The House Energy and Commerce Committee continues marking up the tri-committee health care bill into this evening. Still no word from the Senate Finance Committee, though we're constantly on the lookout for updates. Meanwhile, the Republican National Committee is marshaling its resources toward killing the bill.

  • Nominations: Tomorrow, the Senate Judiciary Committee is scheduled to decide whether to report Supreme Court nominee Sonia Sotomayor out of committee.

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Topics: Health Care, House of Representatives, RNC, Senate Finance Committee, Senate Judiciary Committee, Sonia Sotomayor, Supreme Court

Barack Obama

TPMDC Saturday Roundup

Obama: Health Care Reform Can't Wait, Must Include Public Option
In this weekend's YouTube address, President Obama answered his critics on health care -- and said that any plan he signs must include a public option:

"I don't believe that government can or should run health care. But I also don't think insurance companies should have free reign to do as they please," said Obama. "That's why any plan I sign must include an insurance exchange: a one-stop shopping marketplace where you can compare the benefits, cost and track records of a variety of plans - including a public option to increase competition and keep insurance companies honest - and choose what's best for your family."

Kyl: Health Care "Needs To Be Done Right, Rather Than Done Quickly"
In this weekend's Republican YouTube, Senate Minority Whip Jon Kyl (R-AZ) attacked the Democrats' health care proposals:

"But the President and some Democrats insist we must rush this plan through. Why? Because the more Americans know about it, the more they oppose it. Something this important needs to be done right, rather than done quickly," said Kyl. "We know Americans would prefer us to work together to ensure access to affordable quality health care for all. But Americans do not want a government takeover of health care that will jeopardize their current coverage, ration care, and create mountains of new debt and higher taxes."

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Topics: Barack Obama, Health Care, Hillary Clinton, Mitch McConnell, Sonia Sotomayor, Supreme Court

Health Care

The Mark-Up, 07-16-2009

TPMDC's roundup of the biggest initiatives on Capitol Hill.