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Tester’s Senate Fate Could Make or Break a Harris Presidency

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Tester’s Senate Fate Could Make or Break a Harris Presidency

On the day Barack Obama took over the White House on Jan. 20, 2009, six of his cabinet nominees were immediately confirmed by the Senate. He signed his first piece of legislation — a major bill guaranteeing equal pay for women — into law just nine days later.

Should Vice President Kamala Harris win the presidency, she could not count on such cooperation from the chamber where she, like Mr. Obama, once served. Mr. Obama benefited from a big Democratic majority in the Senate. But Democrats are in control now by only the slimmest of margins, and their chances of keeping that majority most likely hang on the fate of Senator Jon Tester of Montana, who is currently trailing in his re-election race in his solidly red state.

If he should lose and Democrats fail to score any upsets in a handful of races they are not favored to win, Republicans would take over the Senate, putting Ms. Harris at loggerheads from the start with a newly empowered G.O.P. bent on stymying her at every turn.

“It is night and day,” Senator Richard Blumenthal, Democrat of Connecticut, said about the difference between his party hanging on and Republicans winning the Senate. “It’s loss of control, putting the agenda very much in peril.”

At the moment, most analysts lean toward Republicans capturing the Senate, given a political map that was stacked against Democrats from the start and has only gotten tougher for them. The G.O.P. is all but certain to win the West Virginia seat being vacated by Senator Joe Manchin III. And Mr. Tester is lagging in a state expected to vote overwhelmingly for former President Donald J. Trump.

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The swing of those two seats alone would be enough to knock Democrats out of their 51-to-49 majority and fundamentally alter the governing landscape if they cannot secure an upset win elsewhere. Polls show that other Democratic incumbents in battleground states, including Sherrod Brown in Ohio and Jacky Rosen in Nevada, continue to run ahead of their Republican opponents.

The prospect of a new Democratic president and a Republican Senate is a rare scenario. The winner of the White House historically has had coattails that brought Congress into line — at least at the start. Presidents of both parties elected in recent decades have consistently been sworn in with their allies controlling both the House and the Senate. Not since Grover Cleveland in 1884 has a Democrat been elected to a first presidential term with a Republican Senate.

The potential for winning the White House and losing the Senate is a chief reason that Democrats are so determined to re-elect Mr. Tester, promising to stick with him to the finish whatever the polls say. Democrats say they have confidence that Mr. Tester can pull out a victory.

“There’s no world that you can conceive of that I’m not going to be in Montana until the end,” Senator Gary Peters, Democrat of Michigan and the chairman of the party’s Senate campaign operation, said during a recent speech at the National Press Club. “Jon Tester will have everything he needs to win.”

Yet Democrats are also beginning to allocate resources to the Republican-dominated states of Texas and Florida, where Senators Ted Cruz and Rick Scott have shown some weakness, as alternative paths to a Senate majority should Mr. Tester be unable to prevail. And in a surprise, Dan Osborn, an independent, is mounting a strong bid against Senator Deb Fischer, a Republican, in Nebraska. An upset there could deny Republicans a majority.

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The stakes are enormous, particularly since the old notion of a honeymoon for a newly elected president is out the window. These days, many voters from the losing party expect their representatives to put up a fight, not rally around the winner.

Should they lose their Senate majority, Democrats would give up their all-important committee chairmanships. With Republicans in control, Ms. Harris would have to think about her cabinet choices in an entirely different way. The idea that presidents are entitled to their chosen nominees is a quaint one these days, and any picks would have to pass intense G.O.P. scrutiny.

Instead of making selections that could pass muster with a Democratic majority, Ms. Harris would need to choose candidates who could appeal to enough Republicans to win confirmation should they even clear committee and reach the floor for a vote. There would be no flurry of approvals on her first day in office.

“Obviously we would be in a position to negotiate nominations from everything from the Supreme Court to the Department of Homeland Security and everything in between,” said Senator John Cornyn, Republican of Texas and one of the men vying to replace Senator Mitch McConnell of Kentucky as party leader beginning in 2025. “It will be a different role.”

Mr. Cornyn also noted that a Republican Senate would be able to block Democrats from gutting the filibuster to pass new nationwide protections for abortion rights, a move that Ms. Harris has said she would support.

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Things could get even more difficult when it comes to lifetime appointments to the federal courts. Democrats have so far placed 213 judges on the bench during the Biden administration. Republicans would want to slow that momentum and screen Ms. Harris’s choices extremely carefully after the confirmations of scores of judges they opposed.

As for the Supreme Court, it is not certain that a Democratic president could even get a nominee through a Republican-controlled Senate should a vacancy occur. At minimum, any Supreme Court nominee would need to be much more centrist than the person a Democratic president might select if her own party held the Senate majority.

“Particularly with the judiciary, because we have the power of confirmation, I think they’re going to have to think long and hard about who they submit and whether or not they think they could get them cleared through the Senate,” said Senator John Thune, Republican of South Dakota and another candidate for party leader. “But that’s a bridge we’ll cross if and when we come to it. Certainly we’re hoping we have all the reins of power next year.”

Depending on the final Senate margin, having Ms. Harris in the White House and the G.O.P. controlling the Senate could empower the dwindling band of more moderate Republicans like Senators Susan Collins of Maine and Lisa Murkowski of Alaska, who might team up with Democrats on select issues and be persuaded to back some Democratic nominees. They would still have to find ways to force legislation to the floor and overcome the 60-vote filibuster.

Of course, a Democratic White House and a Republican Senate is just one possible scenario from the election, and nothing is locked in at this point. But a Trump presidency and a Democratic Senate seems a far more unlikely outcome while both parties still have a chance at securing the coveted trifecta of controlling the House, the Senate and the White House.

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Under virtually any predicted outcome of the voting in November, the partisan margins in both the House and the Senate are going to be tight as they have been the past two years, making legislating precarious.

Democrats say they have shown they can make progress in a divided Congress by striking spending and legislative deals with Republicans while advancing executive branch and judicial nominees. They would relish a chance to do so again — but they would need to hang on in the Senate.

“Over the last four years,” said Senator Chuck Schumer, Democrat of New York and the majority leader, “we have shown what can get done with a Democratic president and a Democratic majority in the Senate.”

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Newsom Suspends State Environmental Rules for Rebuilding After Fires

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Newsom Suspends State Environmental Rules for Rebuilding After Fires

Governor Gavin Newsom has signed a broad executive order that aims to make it easier to rebuild after the fires by suspending California’s costly and time-consuming environmental review process for homeowners and businesses whose property was damaged or destroyed.

The order is likely to be the first of several permit streamlining measures issued by state, county and city agencies in the wake of the devastating fires across greater Los Angeles.

Mr. Newsom’s three-page order, signed Sunday, covers all of Los Angeles and Ventura Counties and directs state agencies to coordinate with local governments to remove or expedite permitting and approval processes during rebuilding. The most significant piece is a waiver on permitting requirements under the California Environmental Quality Act — a landmark environmental law known colloquially as C.E.Q.A. or “See Qua.”

The governor also announced that he had suspended all permitting requirements under the California State Coastal Act for properties rebuilding after the fires.

California is one of America’s most difficult and costly places to build — a driving factor behind the state’s longstanding affordable housing shortage. Between state agencies and local land use commissions, the process of developing buildings, from office complexes to subsidized rental complexes, is longer and more expensive than in almost every other state.

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Of all the hurdles a project can be subjected to, few are more difficult and time-consuming than C.E.Q.A. The law often requires developers to fund in-depth environmental studies on a project’s potential impact on everything from local wildlife to noise, views and traffic. Groups who oppose a particular development often use C.E.Q.A. lawsuits to try to stop them. This can add years even to small projects.

While the state’s powerful environmental groups are fiercely protective of any attempts to amend C.E.Q.A. or the Coastal Act, the laws are routinely suspended in emergencies and for large projects such as sports stadiums.

Still, Mr. Newsom’s order was unusually extensive. For instance, after other disasters C.E.Q.A. suspensions have typically required rebuilding property owners to show they tried to comply with the law, even if they weren’t subjected to it. The order announced Sunday is a full waiver: For anyone rebuilding after the fires, C.E.Q.A. is effectively gone.

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California fires could be costliest disaster in US history, says governor

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California fires could be costliest disaster in US history, says governor

The California wildfires could be the costliest disaster in US history, the state’s governor said, as forecasts of heavy winds raised fears that the catastrophic blazes would spread further.

In remarks to NBC’s Meet the Press on Sunday, Gavin Newsom said the fires — which have burnt through more than 40,000 acres, according to CalFire, the state’s forestry and fire protection department — would be the worst the country has seen “in terms of just the costs associated with it, [and] in terms of the scale and scope”.

He added that there were likely to be “a lot more” fatalities confirmed. The death toll on Saturday evening stood at 16, according to Los Angeles authorities.

The prospect of a pick-up on Sunday in the Santa Ana winds that have fanned the flames has left tens of thousands of residents under evacuation orders. The fires were threatening homes in upscale Mandeville Canyon and the Brentwood neighbourhood, although officials said they had made progress in stemming the advance there.

The National Weather Service has forecast gusts of between 50mph and 70mph, while drought conditions remain.

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“We know that elevated critical fire conditions will continue through Wednesday”, Los Angeles County fire chief Anthony Maroney said on Sunday.

LA is experiencing its second-driest start to its rainy season in more than a century, according to the non-profit Cal Matters news service. Halfway into the season, LA has only recorded about 0.2 inches of rain since October -— well below the 4.5 inches that is common by January.

Newsom, a Democrat, responded to a barrage of attacks from Donald Trump. The incoming Republican president has accused the governor of depleting water reserves to protect an endangered species of fish, and of refusing to sign a “water restoration declaration” that would have “allowed millions of gallons of water . . . to flow daily into many parts of California”. Newsom’s office has said no such declaration exists.

Trump, who has a long-standing feud with Newsom and refers to him as “Newscum”, also called on the Californian to resign, accusing him of “gross incompetence”.

“The reservoirs are completely full, the state reservoirs here in Southern California,” Newsom said.

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The charred remains of a jewellery store and other shops at a corner of Sunset Boulevard © Michael Nigro/Bloomberg
An air tanker drops fire retardant at the Palisades Fire © Ringo Chiu/Reuters

“That mis- and disinformation I don’t think advantages or aids any of us,” he added. “Responding to Donald Trump’s insults, we would spend another month. I’m very familiar with them. Every elected official that he disagrees with is very familiar with them.”

Newsom also said he had invited the president-elect to visit the affected areas, but had yet to receive a response from the Trump transition team.

Firefighters have tamed three fires since Tuesday, including the Sunset blaze that threatened the Hollywood hills. The Hurst fire in the San Fernando Valley, north of Los Angeles, was 80 per cent contained on Sunday afternoon.

But firefighters are still struggling to tame the two biggest blazes. Newsom said on social media platform X that the Palisades and Eaton fires were 11 per cent and 27 per cent contained. Thousands of firefighters have been deployed to battle the Palisades fire with heavy trucks and air support, the mayor’s office said Sunday. The city has also opened shelters to affected families.

The Federal Emergency Management Agency (Fema) has staff in LA to help Angelenos apply for disaster relief, while the Federal Small Business Administration is offering home and business disaster loans.

Newsom issued an executive order that he said would prevent those who lost their homes from being “caught up in bureaucratic red tape” so they could quickly rebuild.

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The head of Fema on Sunday raised the prospect of US troops being sent to Los Angeles to help control the blaze.

“There are active-duty military personnel that are on a prepare-to-deploy order, that are ready to go in and continue to support the firefighting effort,” Deanne Criswell told ABC’s This Week programme. Speaking on CNN, she warned that strong winds expected in the coming days could spread the fire further.

Map showing the perimeters of the fires in LA and evacuation orders and warnings currently in place

No official estimate of the cost of the damage has yet been released, but analysts at AccuWeather last week calculated the economic loss to be between $135bn and $150bn — short of the $250bn cost associated with last year’s Hurricane Helene. At least 12,300 structures had been destroyed, according to CalFire.

President Joe Biden on Thursday pledged that the US government would pay for “100 per cent of all the costs” created by the disaster, and would ask Congress for more financial aid.

Trump, who on the campaign trail last year threatened to withhold disaster funding from California, has thus far remained silent on whether he would provide similar assistance. On Sunday, he renewed his attacks on the state’s officials.

“The incompetent pols have no idea how to put [the fires] out,” he wrote. “There is death all over the place. This is one of the worst catastrophes in the history of our country. They just can’t put out the fires. What’s wrong with them?”

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On the way out: Transportation Sec. Buttigieg looks back on achievements, challenges : Consider This from NPR

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On the way out: Transportation Sec. Buttigieg looks back on achievements, challenges : Consider This from NPR

U.S. Secretary of Transportation Pete Buttigieg speaks to questions during a news conference at Ronald Reagan Washington National Airport November 21, 2024 in Arlington, Virginia.

Alex Wong/Getty Images


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Alex Wong/Getty Images


U.S. Secretary of Transportation Pete Buttigieg speaks to questions during a news conference at Ronald Reagan Washington National Airport November 21, 2024 in Arlington, Virginia.

Alex Wong/Getty Images

From handling crises in the rail and airline industries to overseeing the distribution of billions of dollars in infrastructure funding, Transportation Secretary Pete Buttigieg has taken on a lot over the last four years.

Now, his tenure is coming to an end.

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Host Scott Detrow speaks with Buttigieg about what the Biden administration accomplished, what it didn’t get done, and what he’s taking away from an election where voters resoundingly called for something different.

For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org

Email us at considerthis@npr.org

This episode was produced by Brianna Scott, Avery Keatley and Tyler Bartlam. It was edited by Adam Raney.

Our executive producer is Sami Yenigun.

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