This has been an extraordinary week. The people have spoken twice - both
against the leadership. In the United States Senate, the leadership of
both parties by and large was on one side. The people, as reflected by
the Senators who cast votes on that final cloture roll call, were with
the people. In the House of Representatives all the leaders of the
Majority Party voted against the wishes of the people. ALL of the
leaders of the Minority Party were with the people. The people
prevailed. Over 100 Members of the Majority Party joined every member of
the Minority Party to prevail in lopsided fashion. In my more than four
decades in our Nation's Capital I never remember a day such as we had
last week.
The establishment clearly wanted this comprehensive immigration bill. In
the final vote, the Senatorial Leadership of both parties, except
Senator Mitch McConnell (R-KY) voted yes. Eighteen Senators who had
voted to proceed with the bill earlier in the week switched their votes
from yes to no. What an embarrassment to Majority Leader Harry M. Reid
(R-NV); Edward M. (Ted) Kennedy (D-CA), a Committee Chairman; Richard E.
(Dick) Durban (D-IL), the Majority Whip; Trent Lott (R-MS), the Minority
Whip; Mel Martinez (R-FL), the National Party Chairman; Jon Kyl (R-AZ),
the Minority Policy Chairman; and so on. McConnell had hinted that he
might not be able to support the bill, even though his President was
militantly for the measure. He had voted to proceed with the bill. That
lopsided vote was 64 - 35, Tim Johnson (D-SD) not voting due to illness.
The final cloture vote was 46 - 53, 60 votes required. Proponents could
not get a majority.
Everyone conceded that the bill was dead. Not until 2009, with a new
President and a new Congress, could this bill see the light of day
again. Everyone conceded except Senator Reid. He said he would bring up
the immigration bill again. Why? With this kind of humiliation how could
he possibly speak of resurrecting this bill again in this Congress?
First, he knows that the establishment overplayed their hand. Most of
the real amendments which the Minority sought to vote on were forbidden.
So if he permitted some of those votes, perhaps he could eek out a
60-plus majority to proceed again. And just maybe if some of these
amendments were permitted a vote, he might be able to proceed to final
passage. But I believe that the real reason Reid wants to bring up that
wretched bill again was articulated by James Boulet, Jr. of the English
First organization. On that highly emotional issue the Minority Party is
bitterly split. That makes perfect sense. If he tries to proceed with
that bill closer to the election, perhaps right after Labor Day in 2008,
then it can be clear that is his purpose. Meanwhile, Senators can be
sounded out by the White House as to what it would take to get their
vote. This is where some Senators, especially those not up for
re-election, might not mind trading their vote for a huge defense
contract which would mean thousands of jobs for their state, or
something akin to the Bridge to Nowhere, which so disgraced the last
Congress.
Just watch. Reid may not be able to bring this monstrosity back to life,
but he, as Majority Leader, can certainly manage to highlight the
division in the Minority Party, the closer to the election the better.
It was said that talk radio was responsible for this outcome. As one of
the heroes of the effort to kill the bill, Senator Jeff Sessions (R-AL),
pointed out, the people who called were unusually informed and
articulate and the vast majority of them were from the state of the
Senator whose office they called. Talk radio merely explained what was
in the bill. Talk radio even provided constituents with actual
paragraphs of the bill. Talk radio didn't force anyone to call. What
happened last week was reflective of what the ordinary voter, many of
them Democrats, really thought. Talk radio was merely a facilitator.
In that regard, there is an effort to shut down talk radio by
reinstating the so-called Fairness Doctrine. Congressman Mike Pence
(R-IN), who, like yours truly, used to be a talk-show host, offered an
amendment to an appropriations bill providing that no funds could be
used to implement the Fairness Doctrine. Despite the full Majority Party
Leadership's opposing the amendment, it passed with 309 votes. Over 100
Democrats voted with Pence. That was highly unusual in and of itself.
But to have that many Democrats crossing the leadership of their own
party is truly remarkable. The Pence victory is only good for a year,
however. But Pence has a legislative bill which permanently would shut
down the Fairness Doctrine. In a single day, he acquired more than 100
cosponsors. While that is encouraging, it should be noted that every
Republican who voted supported the Pence Amendment, including every
member of the GOP Leadership.
Hopefully Representative Pence can get some of the hundred Democrats who
voted for the one-year bill to cosponsor. Thanks to an initiative by
then Congressman James R. (Jim) Inhofe, Members who sign discharge
petitions must do so out in the open. If the leadership tries to bottle
up his bill in committee (unless he has a sufficient number of Democrats
to vote out the bill) he can force the issue through a discharge
petition which requires that a bill be scheduled for a vote once there
are 218 signatures on the petition. He begins, most likely, with 202
Republicans. He has more than 100 Democrats to try to get the next 16
votes. That should be interesting.
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