This Is a Shameful Way to Make LawSenate Republicans hope to pass their mega-trillion-dollar spending law this morning. They just have to finish writing it first.
No time for throat-clearing fripperies! The Senate is probably going to do something insane that renders our analysis obsolete five minutes after we send this! Hurry up and read it! Happy Tuesday. Time’s Up, Pencils Downby Andrew Egger A 9 a.m. newsletter is, apparently, a poor fit for the ungodly timetables of today’s Congress. As of this writing, we don’t know whether Senate Republicans will manage to squeeze through their Frankenstein’s monster of a big beautiful bill. What we do know is that this has been one of the most ridiculous and embarrassing spectacles of “legislating” we’ve ever had the displeasure of witnessing. There have been three driving forces behind this bill. The first has been the “pass something or everyone’s taxes go up” pressure created by the soon-to-expire 2017 Tax Cuts and Jobs Act. The second has been President Donald Trump, who took a shine to the simplicity of slamming together a bunch of things he wanted done into a single package and who has imposed an artificial deadline of July 4.¹ And the third is the Senate’s utterly dysfunctional procedures surrounding the filibuster, which make it basically impossible for majorities to pass new laws unless they get significant minority buy-in or glue them together into a “budget reconciliation” package that doesn’t need 60 votes. What we’re left with is a bill that’s bigger than big and anything but beautiful. Although maybe it overstates it to even say we have a bill. As the Senate barrels to a vote (we think) they’re still crafting the actual text of the legislation. There will be no hearings, no comprehensive analysis, and certainly not enough time to read the thing. Whether it will pass now depends on whether Senate leaders can find a sweetener good enough to woo one of the four remaining Republican holdouts. Would any other institution operate in this way? Yes, it’s common, in our sclerotic era of idiotic megabills, for such packages’ opponents to complain about “the process.” But the BBB has taken that situation to new heights. It’s Trump’s bill, but even he doesn’t seem to be staying up to speed on what’s in it. He keeps posting that the bill will deliver “NO TAX ON SOCIAL SECURITY FOR OUR SENIORS,” a provision that hasn’t been in the legislation for weeks.² Massive policy amendments keep getting papier-mâchéd onto the package or peeled off by the Senate parliamentarian. One particularly egregious example is a new tax on wind and solar projects that threatens to bankrupt the entire fledgling renewables sector, which suddenly appeared in the bill during this week’s marathon cram session. Not only were a number of senators taken aback by the provision, many didn’t even know how it made it into the bill. “I don’t know where it came from,” Budget Committee Chairman Lindsey Graham (R-S.C.) told NBC News yesterday evening. “It wasn’t part of any consideration,” said Sen. Lisa Murkowski (R-Alaska), one of the holdouts whose consent the bill will likely need to pass. “It’s like, surprise! It’s Saturday night.” Surprise! We’re just gonna cripple an industry and not tell you who did it! Whether that provision will remain in the bill remains to be seen, as several amendments have been proposed to blunt it. My personal favorite is from Sen. John Curtis (R-Utah), who would leave the new tax in place but give the treasury secretary broad discretion to suspend it. Just what we need, more policy levers for the White House to pull to inflict or relieve pain on private companies at its discretion! What could go wrong? Other tentpoles of the bill have remained more or less the same. It still contains a staggering increase in federal immigration enforcement, with only a pittance of new funding for immigration courts—a congressional blessing of the White House’s agenda of arresting every migrant we can now, and figuring out how to get around the courts to deport them later. It still blows a massive new hole in federal deficits: $3.3 trillion over the next 10 years, according to a weekend Congressional Budget Office report. And it will still slash Medicaid funding by nearly $1 trillion, knocking nearly 12 million people off their insurance despite Trump’s own continual promises not to cut the program. (But hey, no tax on tips!) This last provision has been one of the most interesting to watch play out among Republicans online. As many have noted, the bill’s changes to Medicaid will hit many of Trump’s own supporters, who tend to be poorer and more rural, the hardest. But there’s been no grassroots groundswell against the package. Instead, many Trump supporters seem to be operating on the assumption—this is becoming a theme—that it’s other people whom the cuts will hit. Point out online that Trump’s own base stands to hurt from the provision and you’ll be swamped by a wave of MAGA derision: We see through these media lies! We know they’re only taking Medicaid away from fraudsters and illegals! If this monstrosity of a bill ever becomes law, it will be interesting to see the unstoppable force of this delusion meet the immovable object of people actually losing their coverage en masse. For the sake of the country, we hope we never get to see it. That would be a mess far bigger than the process of putting this bill together. |