Mr. Speaker, I yield myself such time as I may consume, and I thank my good friend from Florida for yielding me the customary 30 minutes. Today, we are taking up the very serious issue of the…
Mr. Speaker, I yield myself such time as I may consume, and I thank my good friend from Florida for yielding me the customary 30 minutes.
Today, we are taking up the very serious issue of the constitutionality of separation of powers, but the rule also covers the deregulation of pesticides. I think that should be noted here as well, because one is as ridiculous as the other.
This is a ridiculous lawsuit of one House of Congress seeking to sue the President for not implementing a law they have tried everything to kill.
The majority has wasted time, money, and energy on legislative proposals designed to distract us from the real problems of the United States.
Instead of tackling climate change, ensuring that college is affordable, and modernizing our crumbling infrastructure, the majority wants to sue the President for doing his job. The record is clear. This has been judged the most recalcitrant and useless Congress in history.
This lawsuit will be a monumental waste of time, energy, and funds. This is a political maneuver timed to peak as Americans go to the polls in November for the midterm elections. This lawsuit is a drumbeat pushing Members of the Republican Party to impeachment.
Last week in the Rules Committee, Democrats attempted to amend this resolution. In the pursuit of transparency and accountability, we offered
several amendments that addressed the cost of this lawsuit.
The majority in the Rules Committee voted down every amendment that the minority offered. With this closed rule, we have set a new record, by the way, for the most closed rules in a single Congress. On the committee level, on the House floor, and in the minds of our citizens, this is a closed process, a partisan maneuver, and nothing but a political messaging opportunity.
This lawsuit is a gimmick, which even legal scholars of the majority's own party say will fail, including the conservative writer and former Justice Department official Andrew C. McCarthy. He wrote about this lawsuit and said it is:
A classic case of assuming the pose of meaningful action
while in reality doing nothing.
Democrats in the House and the American people could not agree more.
The House minority has three main concerns about this lawsuit: first, the cost; second, the partisan nature; and third, the lack of legal standing and the implications for our constitutional separation of powers.
First, the cost. Since the passage of the Affordable Care Act, which not a single Republican voted for, the majority has mounted a Herculean effort trying to repeal, dismantle, and discredit it. It seems that they will spare no expense attempting to take health care away from millions of Americans.
Not only did they shut down the government to deny Americans health care, it took from this economy $24 billion to pay for that shutdown. In addition, with over 50 votes on the House floor to undermine the Affordable Care Act, the majority has spent more than $79 million on that voting effort.
When the minority of the Rules Committee requested from the majority the proximate costs of this lawsuit, we got a response that read: ``A lawsuit is a small price to pay.''
Cost is not a hypothetical question, because there are real consequences for our country.
The minority and the American people still would like to know how much will this cost and where will the money come from. We asked directly through letters and by offering amendments to the resolution, and we have gotten no clear answers.
What cuts will come from what programs that Americans depend on to pay for this ridiculous lawsuit? The majority will spend money on more than 13 hearings, 50 briefings, 25,000 pages of documents produced, and allocated $3.3 million for a Select Committee on Benghazi. All that money for Benghazi, but they won't give us a concrete answer on where the funds will originate to pay for the lawsuit.
In a similar lawsuit, when Republicans defended the discriminatory Defense of Marriage Act, they paid their lawyers $520 an hour. I choke over that figure. At that rate, we would have paid over $1 million a year for a 40-hour workweek. If we are spending that kind of money, we ought to do it out in the open, and that amendment was defeated on party lines.
The majority does not intend to make this lawsuit anything but another opportunity to attack the President, which leads me to our second concern: its partisan nature.
As I said, no Republican voted for the Affordable Care Act. After strenuous efforts to take health care away from millions of Americans, the majority plans to file a lawsuit that, if successful, would result in the faster implementation of the Affordable Care Act. The inconsistency is breathtaking. Let me reiterate that. After not a single vote for health care, with over 50 votes to kill it, they are suing the President of the United States because he did not implement it faster. I don't know if anybody can make sense out of that, but all this effort to derail a law that is working. Just 2 days ago, The Washington Post reported in an article, titled ``Medicare finances improve partly due to ACA, hospital expenses, trustee report says,'' that the Affordable Care Act has extended the life of Medicare by 4 years because of the savings, and that will only get better.
I would like to insert this article from The Washington Post dated July 28, 2014, into the Record.
[From the Washington Post, July 28, 2014]
Medicare Finances Improve Partly Due to ACA, Hospital Expenses, Trustee
Report Says--Outlook for Social Security, However, Remains the Same
(By Amy Goldstein)
Medicare's financial stability has been strengthened by the
Affordable Care Act and other forces that have been subduing
health-care spending, according to a new official forecast
that says the fund covering the program's hospital costs will
remain solvent until 2030--four years later than expected a
year ago.
The annual report, issued Monday by trustees overseeing the
government's two largest entitlement programs, found little
change overall in the finances of Social Security. The
trustees warned, however, that the part of Social Security
that pays monthly benefits to people with disabilities is
especially fragile and, without changes, will start to run
short of money for benefit checks in 2016.
Taken together, the findings provide a nuanced portrait of
the fiscal future of these two programs, which act as
cornerstones of social insurance--and a buffer against
poverty--for older people and other vulnerable Americans. The
trustees welcomed the improved financial prospects for
Medicare but acknowledged that the underlying reasons are not
yet entirely understood. At the same time, they exhorted
Congress to take steps to prevent both programs from
collapsing in the long term.
``Neither Medicare nor Social Security can sustain
projected long-run program costs,'' the trustees said in a
message accompanying their reports.
For the past few decades, Democrats and Republicans have
fretted about the unsustainability of the Medicare and Social
Security programs. They have appointed high-level
commissions, proposed legislation and tried to stoke public
fears that benefits might not be available for their
parents--or themselves. But Congress has not restructured
either program to withstand long-term fiscal pressures, and
the issue has been absent lately from the agendas of both
parties.
At a news briefing Monday, Cabinet secretaries and two
public trustees reiterated the call for Congress to act.
``[We] must make manageable changes now, so we do not have to
make drastic changes later,'' Treasury Secretary Jack Lew
said.
``It is getting very late in the game'' to find a
bipartisan consensus, said the trustees' only Republican,
Charles P. Blahous III, who worked on Social Security and
other economic issues as an aide to President George W. Bush.
``A solution much further delayed is a solution much less
likely to occur.''
Both programs are being strained by the nation's
demographics. As more baby boomers reach retirement age,
people 65 and older are making up an increasing percentage of
the country's population, with proportionally fewer working-
age Americans chipping in payroll taxes.
Medicare's finances are facing other pressures, too,
including from scientific advances that lead to new treatment
and therapies, the report said.
The trustees' forecast said that the trust fund that pays
for hospital care--Medicare Part A--has been strengthened
significantly, with the date when it is predicted to start
running short of money extended by 14 years since the
Affordable Care Act was enacted in 2010. The report also
predicted that the insurance premiums that older Americans
pay for the portion of Medicare that covers doctors' visits
and other outpatient care would probably remain the same for
a third year in a row.
Health and Human Services Secretary Sylvia Mathews Burwell
said that it is impossible so far to gauge how much of that
trust fund's improved fiscal health was due to the health-
care law as opposed to other changes in the health-care
system that are slowing cost increases. She said both had a
role. The ACA, for instance, is slowing payments to Medicare
Advantage, the part of the program in which older Americans
join private health plans, while other provisions focus on
curbing hospital readmissions.
The report said that spending on hospital stays last year
was less than expected, although trustees noted that analysts
have not determined whether this trend reflected broad
economic trends or stemmed from specific changes in the
practice of medical care.
If Medicare is unchanged by 2030, the year it is projected
to become insolvent, it would then be able to pay 85 percent
of its beneficiaries' hospital bills, a proportion that would
slip to 75 percent by 2047, the forecast said.
For Social Security, the trustees predicted that the
program's two separate trust funds will, combined, have
enough money to pay all the retirement and disability
benefits it owes until 2033, the same time horizon as in the
last two annual forecasts. They forecast that Social Security
will be able to afford checks for retirees and workers'
survivors until 2034--nearly two decades longer than the part
of the program that pays disability benefits.
Social Security's expenditures last year exceeded its
income from payroll taxes, as it has each year since 2010,
the report says, although interest so far is making up the
difference.
This year, President Obama backed away from an idea he
broached in his budget last year to save money for Social
Security by changing the basis on which inflation is
calculated for the program. But his 2015 budget proposal
reprises the idea of charging more for care under Medicare to
older Americans who are relatively well-off--an idea that
Congress has not touched this year.
In calculating Medicare's future finances, the trustees for
the first time acknowledged that Congress has each year
overridden scheduled reductions in Medicare doctors' fees--
cuts that, if adopted, would lower payments for doctors'
services by 21 percent in 2015. In the latest report, the
trustees assumed that such cuts would continue to be waived.
The trustees noted that their new forecast was released 49
years to the week that President Lyndon B. Johnson signed the
law that enacted Medicare, a major component of the Great
Society programs of the mid-1960s. Social Security was a
response to the Great Depression of the 1930s.
Last year, Medicare insured 52 million Americans, including
43.5 million age 65 and older and nearly 9 million younger
people with disabilities. Social Security last year provided
benefits to 41 million retired workers and their families, 6
million survivors of workers who died, and 11 million
working-age people with disabilities.
Mr. Speaker, a recent poll from the Commonwealth Fund found 77 percent of people were pleased with their new coverage. Republicans themselves have a 74 percent satisfaction rate with the new plan that they have bought.
The House majority is going to spend unknown millions of dollars coming from somewhere to stymie a law their own party Members support.
Mr. Speaker, I would like to insert this article from Talking Points Memo, citing a survey from July 10, 2014, entitled: ``Survey: Most Republicans Who Bought ObamaCare Coverage Like Their Plans,'' into the Record.
[From Talking Points Memo Livewire, July 10, 2014]
Survey: Most Republicans Who Bought Obamacare Coverage Like Their Plans
(By Dylan Scott)
About three-quarters of Republicans who obtained health
insurance under Obamacare are satisfied with their coverage,
according to a survey published Thursday by the Commonwealth
Fund.
The survey found that 74 percent of Republicans said they
were very or somewhat satisfied with their new coverage.
Overall, 78 percent of Americans said they were satisfied: 73
percent of those enrolled in a private plan and 84 percent of
those enrolled in Medicaid.
There was a minimal difference between the previously
uninsured and the previously insured: 79 percent of the
former were satisfied and 77 percent of the latter were,
according to the survey by the group, which is generally
supportive of Obamacare.
Those surveyed also reported being better off: 58 percent
said that they were better off now than they were before,
while 9 percent said they were worse off. And 81 percent said
that they were optimistic that their new coverage would help
them get the health care they need.
Some of the survey's broader findings, on the overall drop
in the number of uninsured and the percentage of Obamacare
enrollees who were previously uninsured, generally fell
within other findings. It found that the uninsured rate for
adults under 65 fell from 20 percent to 15 percent since
Obamacare enrollment began. It also found that 63 percent of
Obamacare enrollees had been previously uninsured.
The survey, conducted from April 9 to June 2, covered 4,425
U.S. adults.
Mr. Speaker, it is also obvious to the American people that this is a political stunt. A recent poll, commissioned by CNN, shows 57 percent of us oppose this lawsuit. That is right: the majority of this country recognizes it for what it is: a political scheme. They recognize that there is no basis for this lawsuit.
And our third concern is the legitimacy of standing, in the legal sense, as well as the constitutional principles that the Supreme Court has said limit the kind of disputes that a court can consider.
Perhaps the best authority for the inadequacy of the majority's claim to standing is one of the majority's own witnesses at our Rules hearing, the Florida International University College of Law professor, Elizabeth Price Foley. Professor Foley wrote in a February article:
When a President delays or exempts people from a law--so-
called benevolent suspensions--who has standing to sue him?
Generally, no one. Benevolent suspensions of law don't, by
definition, create a sufficiently concrete injury for
standing.
That's why, when President Obama delayed various provisions
of ObamaCare, his actions cannot be challenged in court.
Congress probably can't sue the President, either.
If the majority's own witness doesn't think that Congress has standing, what judge will?
Finally, one of the most dangerous possible consequences of this lawsuit would be an unprecedented transfer of powers from the legislative to the judicial branch.
This concern for maintaining the separation of powers as it was written into the Constitution by the Founding Fathers is exactly why courts have established what is called the ``political question doctrine.''
It says that courts should stay out of fights between the other two branches of the Federal Government and should defer to the other branches when the Constitution says the matter to be resolved is the responsibility of the President or the Congress. That couldn't be clearer, Mr. Speaker.
The mismanagement of our Nation's funds is deplorable, the partisan nature of the stunt is a abundantly clear, and our constitutional balance of powers is in jeopardy. I urge my colleagues to vote ``no'' on the closed rule which, yet again, distorts the legislative process and stifles debate even on the most important issues.
Mr. Speaker, we will ask the House to defeat the previous question. If we defeat the previous question, I will offer an amendment to bring up four bills: first, the Bring Jobs Home Act; second, the Paycheck Fairness Act, which pays women equal to men for the same job; third, a bill to increase the minimum wage to $10.10; and finally, the Students Emergency Loan Refinancing Act, which makes it easier for young people to pay their college loans.
These are the priorities of the American people, and I urge my colleagues to vote ``no'' on the previous question and align themselves with those priorities instead of this lawsuit, which is surely a waste of time, money, and resources.
Mr. Speaker, I ask unanimous consent to insert the text of my amendment in the Record, along with extraneous material, immediately prior to the vote on the previous question.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Massachusetts (Mr. McGovern), my colleague on the Committee on Rules.
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from North Carolina (Mr. Butterfield).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from New Jersey (Mr. Pallone).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from California (Ms. Hahn).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from West Virginia (Mr. Rahall).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from California (Ms. Matsui).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from California (Ms. Chu).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from Massachusetts (Ms. Clark).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from Florida (Mr. Deutch).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from California (Ms. Eshoo).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from Minnesota (Mr. Nolan).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from California (Ms. Lofgren).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from Maryland (Ms. Edwards).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from California (Ms. Roybal- Allard).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from New York (Mr. Crowley).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from Texas (Ms. Jackson Lee).
Mr. Speaker, for the purpose of a unanimous consent request, I am pleased to yield to the gentlewoman from Connecticut (Ms. DeLauro).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from California (Mrs. Davis).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentlewoman from Illinois (Ms. Schakowsky).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from Texas (Mr. Al Green).
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from Maryland (Mr. Hoyer), the minority whip.
Mr. Speaker, for the purpose of a unanimous consent request, I yield to the gentleman from Michigan (Mr. Kildee).
Mr. Speaker, I yield 2 minutes to the gentleman from North Carolina (Mr. Butterfield).
Mr. Speaker, I yield myself 30 seconds to respond to the fact that only Democrats are speaking of impeachment.
Just today, The Hill newspaper announced that a most respected and admired member of the Republican Conference said of the lawsuit, spearheaded by John Boehner:
Theater is a show. Why not impeach instead of wasting $1
million to $2 million of the taxpayers' money? If you are
serious about that, use what the Founders of the Constitution
gave us.
He was referring to impeachment.
Mr. Speaker, I am pleased now to yield 2 minutes to the gentleman from New York (Mr. Jeffries).
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Vermont (Mr. Welch).
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Maryland (Ms. Edwards).
Mr. Speaker, I yield 2 minutes to the gentlewoman from Connecticut (Ms. DeLauro).
I yield the gentlewoman another 30 seconds.
Mr. Speaker, I yield myself 1 minute.
I will place into the Record an exchange of letters between myself and Chairman Sessions and between Ranking Member Brady and Chairwoman Miller of the House Administration Committee. This exchange of letters catalogs our repeated requests for an estimate of the projected cost of this partisan enterprise and the identification of accounts that will be cut to pay for it. As you will note, the responses to our letter provide no information about the cost estimate and no indication from where the funds will come.
House of Representatives,
Committee on House Administration,
Washington, DC, July 14, 2014.
Hon. John A. Boehner,
Speaker of the House, House of Representatives,
Washington, DC.
Dear Speaker Boehner: Within the draft resolution to
initiate a lawsuit against the President, we learned that you
intend to seek authorization to ``employ the services of
outside counsel and other experts.'' Such authority clearly
falls under the jurisdiction of the Committee on House
Administration, and as such, I am writing to express my
expectation that Republicans will be open and transparent
about the use of taxpayer money in pursuing this highly
dubious and partisan lawsuit.
As evidenced by House Republicans' conduct in the $2.3
million failed effort to defend the discriminatory and
unconstitutional Defense of Marriage Act in the courts,
strong bipartisan oversight is clearly necessary in any plan
to hire outside counsel. The Republican majority must not be
permitted to use taxpayer dollars as a slush fund to award a
no-bid contract to high-priced, politically connected
Republican lawyers without any transparency or accountability
to the House or the American people.
Our opposition to the deeply partisan basis of your lawsuit
in no way diminishes the need for normal oversight of the
terms of any contract signed by Republican Leadership
obligating the House to pay millions of dollars to private
attorneys. Therefore, I expect you will honor regular order
through my committee, even with this highly irregular
lawsuit.
The American people deserve to know how and where their tax
dollars are being spent, and House Administration Committee
Democrats insist on regular consultation and transparency in
the selection criteria and process, cost, and lobbying
connections of any counsel or experts hired in the name of
the House.
Sincerely,
Robert Brady,
Ranking Member,
Committee on House Administration.
Mr. Speaker, if people are supposed to think that this is really a genuine concern by the House of Representatives and not a partisan gimmick, then why didn't the majority consult with Democrats or the Senate beforehand and say: We want to do this on behalf of Congress. Will you talk with us about participating?
That idea of joint participation is long gone from here, and I regret to say that.
But that didn't happen. It was cooked up in some meeting where we probably discussed how to win back the Senate, or whether to impeach the President, or how the campaign fundraising is going and so forth.
You are not fooling anyone. This is about politics and the elections, and you know it and I know it and, polling shows it, all the people in the country know it.
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Pelosi).
Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Pascrell).
I yield the gentleman an additional 20 seconds.
Mr. Speaker, I yield myself the balance of my time to ask: Why did the majority shut off all amendments to this resolution? And more importantly, why have they even blocked a traditional motion to recommit? That is something that we generally always give to the minority on both sides of the aisle, a motion to recommit.
Now, I think the reason is--you know, being somewhat cynical, and I will admit to that after what we have been through here--but the cynic would say that they don't want us to have a motion to recommit because our side might bring up a motion, which it would be our privilege to do, that might put the Republican Members on record on impeachment. Now, I don't know that. We got no answer as to why we were not given the privilege of a motion to recommit.
But there is one thing we do know. We know that this lawsuit is going to cost unknown millions and will be an unconscionable waste. We know that that cost is going to come out of programs that have already suffered grievous cuts over the last few years and on which people oftentimes depend for their very lives.
We know that it is pretty partisan because the Democrats were never consulted at any point on this issue, and we know that it is flawed because experts have told us that there is no way in the world that the House of Representatives has any standing on this issue and that a good Federal judge will send it back to us almost immediately.
We know it is a distraction, and we know that what it distracts us from are the serious, serious issues that all of us hear about every day from our own constituencies.
Do you think anybody ever calls me up and says: Why don't we impeach the President or go after the President because it is raining today and it surely is his fault? No, we don't hear that.
I hear about, I am having a hard time getting a new job. I need help to pay for my child's education. I hear a lot of times, my daughter's unemployment benefits have run out. She is facing eviction. I don't know what I am going to do. I hear from people who talk about the children who have come to this country--many of them unaccompanied, by themselves--in an absolute inhumane wave of human suffering that we need to pay some attention to.
I know that out there today, we have had floods in my part of the country in upstate New York that have devastated entire water projects and sewer projects, and something needs to be done. But we won't do that.
So, Mr. Speaker, I am going to urge my colleagues to vote ``no'' to defeat the previous question and please vote ``no'' on the rule. This is one of the
most important issues that we have ever faced during our time in Congress.
I yield back the balance of my time.
Mr. Speaker, on that, I demand the yeas and nays.