Saturday, January 23, 2021

On Politics: Is President Biden Ready for the New Senate?

As the Obama administration wound to a close in 2016, ten Republicans praised Joe Biden as a "wonder
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By Lisa Lerer

Politics Newsletter Writer

Hi. Welcome to On Politics, your wrap-up of the week in national politics. I'm Lisa Lerer, your host.

Senate Majority Leader Mitch McConnell (R-KY), left, and Vice President Joe Biden, right, make their way into the House Chamber before President Barack Obama's final State of the Union address in the House Chamber at The Capitol Building in Washington D.C. on Tuesday, Jan. 12, 2015. (Zach Gibson / The New York Times)Zach Gibson for The New York Times

It was the Senate version of a gold watch.

As the Obama administration wound to a close in December 2016, Joe Biden's old pals gathered around their water cooler — the dais on the Senate floor — and threw what passes for a retirement party in Congress.

The event was a bipartisan lovefest. Ten Republicans praised Mr. Biden as a "wonderful man," "God-fearing and kind," "a genuine patriot" with "boundless energy and undeniable charm."

Even Senator Mitch McConnell, Republican of Kentucky, shared the love, recounting tales of legislative wrangling and shared stages, including one at a University of Louisville center founded by the Senate minority leader.

"You have been a real friend, you have been a trusted partner and it has been an honor to serve with you," he said. "We are all going to miss you."

Four years later, Mr. Biden's old stamping grounds has become a far less collegial and productive place. Just days after Mr. Biden called for unity in his inaugural address, the Senate is already locked in a stalemate, with leaders of the two parties unable to agree on basic rules of operation.

"I look back with nostalgia to how we used to work together," said Harry Reid, the former Democratic majority leader who retired from the Senate the same year that Mr. Biden left Washington, musing on the Congress of the 1970s and 1980s. "Now the Senate does nothing."

Much has been made of Mr. Biden's extensive experience in government, a central part of his pitch to voters during the presidential campaign. After serving 36 years in the Senate and another eight in the White House, the new president enters with a deeper understanding of the legislative process and politicians than any president since Lyndon Johnson, a former Senate majority leader.

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Zach Gibson for The New York Times
Zach Gibson for The New York Times

The question is whether Mr. Biden's legislative prowess is, well, a little bit sepia toned. When Mr. Biden talks about bipartisanship now, a fair number of Democrats in Washington quietly roll their eyes.

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In the Senate, more than a quarter of the seats have changed parties in the past four years — including five of the Republicans who praised Mr. Biden at that 2016 event. Many of the new members are products of the deeply polarized Trump era and have never served in a more functional Senate.

Some of Mr. Biden's closest aides believe the attack on the Capitol broke the fever within the Republican Party, creating space for its elected officials to work across the aisle. Yet, there are plenty of signs that former President Donald J. Trump's influence on his party may linger.

While the former president's approval rating dropped sharply among Republicans after the attack, Trumpism remains embedded in the firmament of the party. Plenty of Republican state officials, local leaders and voters still believe Mr. Trump's baseless claims of election fraud and view Mr. Biden as illegitimate. They're threatening primary challenges against Republicans who work with Mr. Biden, complicating the political calculus for members of Congress, including several up for re-election next year, like Senators Rob Portman of Ohio and Lisa Murkowski of Alaska, who might be inclined to cut some legislative deals.

Already, Mr. Biden's proposed $1.9 trillion pandemic relief plan has received a skeptical response from Republicans, including several centrists who helped craft the economic package that passed late last year. Senator Roy Blunt of Missouri, chairman of the Senate Republican Policy Committee, called the proposal a "non-starter."

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"We just passed a program with over $900 billion in it," Senator Mitt Romney, Republican of Utah, told reporters shortly after the inauguration. "I'm not looking for a new program in the immediate future."

And then, there's the issue of Mr. Biden's own party. After four years of Mr. Trump, many Democrats are unwilling to compromise on their agenda. A vocal portion of the party is pushing to pass Mr. Biden's rescue package through a budget resolution that would allow the legislation to clear the Senate with just 51 votes, instead of the usual 60 votes.

Mr. Reid is urging Mr. Biden not to waste much time trying to win over his former Republican colleagues. Like many Democrats, he'd like Mr. Biden to eliminate the legislative filibuster — the 60-vote requirement for major bills — allowing Democrats to pass their agenda with their slim majority.

It's that very prospect that worries Mr. McConnell, who refuses to sign an operating agreement until Democrats guarantee that they will not change the rules — essentially disarming the new majority before major legislative fights even begin. Although Democrats have no firm plans to gut the filibuster, many believe the threat of that possibility remains a powerful lever to force Republicans to compromise.

A staunch institutionalist, Mr. Biden has been leery about eliminating the filibuster, though he expressed some openness to the idea in the final months of his campaign. Mr. McConnell's opposition could change his views, some Democrats argue, as the new president becomes frustrated with his stalled legislative agenda.

"Knowing Joe Biden the way I do, he will be very patient and try to continue how the Senate used to be," Mr. Reid said. "I am not particularly optimistic."

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The backlash begins

Last week, 10 Republicans voted to impeach Mr. Trump. Now, many face battles of their own.

Trump allies, donors and political aides are rushing to support primary challenges against House Republicans who crossed the former president.

"Wyoming taxpayers need a voice in Congress who will stand up to Nancy Pelosi and the Democrats, and not give them cover," State Senator Anthony Bouchard said in a statement. He's one of several Republicans expected to announce campaigns against Representative Liz Cheney of Wyoming who was the only member of House Republican leadership who supported the impeachment effort.

The primary challenges are part of a broader push by Trump supporters to maintain control of the Republican Party, which now faces deep internal divides over whether to stick with the populist ideology and divisive rhetoric that defined the party's message during the Trump administration. Many establishment Republicans would like to embrace a more inclusive platform that could help them win back suburban voters who fled the party in the 2020 elections.

Trump allies believe such a move would be a mistake, costing them the backing of white working class voters who turned out in droves to support the president.

In Michigan, a key battleground state that Mr. Biden won in 2020, Trump allies are supporting the candidacy of Tom Norton, a military veteran who is challenging Representative Peter Meijer in a rematch of their 2020 primary race.

"I said, 'Peter, if you impeach him, we're going to have to go down this road again'," Mr. Norton said on Steve Bannon's podcast to promote his candidacy. "The morning of the impeachment vote, he called me and said: 'Tom, you might have to put your website back up. I'm voting for impeachment.'"

By the numbers: 17

That's the number of executive orders, memorandums and proclamations by Mr. Biden on his first day in office.

NEW YORK TIMES AUDIO

The era of governing by decree continues

Within hours of entering the White House, Mr. Biden signed a flurry of executive orders to reverse some of his predecessor's most divisive policies. "The Daily" discussed the potential positives of the orders and point out the pitfalls.

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Friday, January 22, 2021

On Politics: Biden’s Virus Plans Meet Reality

A "full-scale wartime effort" will test the country's capabilities: This is your morning tip sheet.

Fauci returns unmuzzled, while the Senate is stuck in slow motion. It's Friday, and this is your politics tip sheet.

Where things stand

  • President Biden rolled out a raft of executive orders and directives yesterday to combat the coronavirus pandemic, promising "a full-scale wartime effort to address the supply shortages by ramping up production."
  • He instituted a mask requirement for most major modes of interstate travel and put in place a policy requiring international travelers to quarantine after entering the United States.
  • He also instructed federal agencies to use the Defense Production Act to increase the nation's supply of essential items like coronavirus tests and personal protective equipment. On the campaign trail, he had often criticized former President Donald Trump for failing to fully use the Korean War-era law to compel manufacturers to pitch in with the effort against the virus.
  • Biden said he was turning over a new leaf after the Trump administration and would rely on "science, not politics" as he confronts the pandemic. "For the past year, we couldn't rely on the federal government to act with the urgency and focus and coordination that we needed, and we have seen the tragic cost of that failure," Biden said.
  • But critics quickly pointed out that the effectiveness of Biden's orders remains an open question. His quarantine requirement did not include a clear enforcement mechanism, and while he has promised to inject 100 million vaccines in his first hundred days, that is far below the number of doses that are expected to become available by then.
  • Biden has placed Anthony Fauci, the nation's top infectious disease expert, at the center of his pandemic response team and restored many of Fauci's duties after months in which the Trump administration had virtually banished him from the public eye.
  • At a White House news conference yesterday, Fauci acknowledged that he felt unmuzzled after a difficult few months. "There were things that were said, be it regarding things like hydroxychloroquine and other things like that, that really was uncomfortable because they were not based on scientific fact," he said.
  • "You didn't feel that you could actually say something and there wouldn't be any repercussions about it," Fauci added. "The idea that you can get up here and talk about what you know, what the evidence, what the science is, and know that's it — let the science speak — it is somewhat of a liberating feeling."

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  • At his confirmation hearing to become the secretary of transportation, former Mayor Pete Buttigieg told a Senate committee that he would use the post to enact a sweeping infrastructure overhaul, with an eye toward sustainability and racial justice.
  • "I believe good transportation policy can play no less a role than making possible the American dream," he told the Senate Committee on Commerce, Science and Transportation. "But I also recognize that at their worst, misguided policies and missed opportunities in transportation can reinforce racial and economic inequality."
  • While he avoided speaking in specific policy terms for most of the hearing, Buttigieg said he would "use all relevant authorities" to help enforce Biden's executive order requiring masks for interstate travel. And he pledged to work closely with the nation's state, local and tribal leaders.
  • If confirmed, Buttigieg would become the first openly gay cabinet secretary approved by the Senate and the youngest member of Biden's cabinet.
  • After a delayed — and in many ways, deferred — presidential transition, the Senate has confirmed just one member of Biden's cabinet, Avril Haines, the director of national intelligence. Lloyd Austin, a retired four-star Army general, may soon join Haines in the administration, after the House and Senate voted to grant a waiver allowing him to become defense secretary.
  • Without a waiver, former military officials are barred from becoming defense secretary until they have been out of the service for at least seven years. Congress approved a similar measure four years ago for Trump's first defense secretary, Jim Mattis, a retired four-star Marine general.
  • The Senate is expected to vote on Austin's confirmation this morning. And the Finance Committee will hold a meeting later today on Biden's nomination of Janet Yellen to become Treasury secretary. While he awaits these and other confirmations, Biden has already named acting leaders for more than 30 federal agencies.
  • The Senate's new Democratic majority is struggling to get out of first gear, as Senator Mitch McConnell grapples for leverage in his new position as the minority leader.
  • As the 117th U.S. Senate works to draw up the rules that will govern how it carries out business in the next two years, McConnell had offered to expedite the process of confirming Biden's cabinet nominees in exchange for a guarantee from Senator Chuck Schumer, the majority leader, that Democrats would not do away with the filibuster.
  • McConnell then submitted a request to delay Trump's impeachment trial in the Senate, a move that he said was aimed at allowing the former president's legal team time to assemble its defense. It would also threaten to keep the Senate at least partially distracted by the impeachment trial for a period of months — a prospect that Democratic leaders had hoped to avoid.
  • With Schumer and McConnell at loggerheads over the rules, the Senate remains unable to move forward with its basic duties, including organizing itself into committees and setting rules for getting virtually anything done.

Photo of the day

Doug Mills/The New York Times

Biden signed executive orders on his administration's coronavirus response yesterday as Vice President Kamala Harris and Dr. Fauci looked on.

Why corporate America is both hopeful and wary of Biden

Imagine, if you will, a president who lowers taxes on the wealthy, presides over a surging stock market and loosens regulation on businesses of all kinds — yet who is so enthralled by his ability to sow conflict that he alienates even the nation's top business leaders. That about describes Donald Trump, who by the end of his tumultuous presidency had lost the support of such typical Republican stalwarts as the U.S. Chamber of Commerce.

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But does the business world's exhaustion with Trump mean it will eagerly welcome Biden's wide-ranging proposals, which include raising taxes on high-income Americans and tightening various regulations?

To the extent that Biden will enjoy any kind of honeymoon period, he's in it right now. And business leaders' response to his earliest executive actions has largely been positive. He drew praise from figures like Bill Gates and Sundar Pichai, the chief executive of Alphabet, for pledging to rejoin the Paris climate accord, shielding "Dreamers" from deportation, and stepping up Covid relief.

But as our reporter David Gelles writes in a new article, there have already been stirrings of business opposition, particularly around his order to stop construction on the Keystone XL pipeline. In a statement, the Chamber of Commerce called the move "politically motivated" and said it would "put thousands of Americans in the building trades out of work."

The biggest fights are expected to come up as Biden shepherds legislation through Congress, particularly around environmental regulations and corporate taxation. But some political and business observers say they may be willing to accept a little more taxation in exchange for less volatility.

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"The markets are relieved to be on the other side of all the tumult and uncertainty that was Donald Trump," Brad Karp, chairman of the law firm Paul, Weiss, told David. "You woke up in the morning and saw the president imposing tariffs, or closing borders, or retaliating against a company. Business needs predictability and certainty."

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