Congress Formally Grants Federal Recognition to Gay Marriage

“Congress in December passed the Respect for Marriage Act, granting formal federal recognition to same-sex and interracial marriages. President Joe Biden quickly signed the bill into law.
While both types of marriages were already protected under federal law, that protection was afforded by the Supreme Court, not Congress. In the wake of Dobbs v. Jackson Women’s Health Organization, the 2022 case in which the Supreme Court overturned the federal abortion protection established by its 1973 decision in Roe v. Wade, supporters of gay marriage worried that the Court might also revisit that subject.”

“The Respect for Marriage Act does not require states to legalize same-sex marriage. Many states still have bans on the books. If the Supreme Court ever decides to overturn Obergefell v. Hodges, the 2015 decision mandating legal recognition of gay marriages, those bans could take effect again.

The new law does require states to recognize same-sex marriages legally performed in other states. While that provision may seem contrary to federalist principles, states historically have recognized marriages performed in other states with different rules (regarding minimum ages or marriages of cousins, for example). Although the courts have not yet resolved the issue, such accommodation is arguably mandatory under the Constitution’s requirement that “full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”

The Respect for Marriage Act says houses of worship, religious groups, and faith-based social agencies “shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage.” It adds that “any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action.””

Democrats Say They Support Green Energy. Why Do Their Policies Say Otherwise?

“Greater reliance on green energy also requires a stupendous increase in mineral extraction to provide the needed materials. Even if the world unquestionably possessed the mineral capacity necessary for the global energy transformation envisioned by President Joe Biden, Democrats in practice are enemies of mining. The U.S. Mining Association estimates that the country has $6.2 trillion of recoverable mineral resources like copper and zinc available for mining on millions of acres of federal, state, and private lands. Unfortunately, our labor, health, and climate regulations often make it practically impossible to profitably mine. As a result, these precious resources stay in the ground, which explains why the United States went from being the world’s No. 1 producer of minerals in 1990 to seventh place today.
Democrats committed to a green energy transition should make it a priority to reform counterproductive regulations like the National Environmental Policy Act (NEPA) and to implement other permitting reforms. Yet for the most part they won’t do so, as we saw when they helped strike down the permitting deal cut last year between Senate Majority Leader Chuck Schumer (D–N.Y.) and Sen. Joe Manchin (D–W.Va.).”

The US was poised to pass the biggest environmental law in a generation. What went wrong?

“One-third or so of species in the US are threatened with extinction, according to the Nature Conservancy. Think about that: One in three species could disappear for good. That includes things like owls, salamanders, fish, and plants, each of which contributes some function to ecosystems that we depend on.
Thankfully, there’s such a thing as conservation, and in the US, much of it is done by state wildlife agencies. Fish and game departments have a range of programs to monitor and manage species that include reintroducing locally extinct animals and setting regulations for hunting and fishing.

heir work, however, faces a couple of big problems.

The first is that states don’t have enough money. Roughly 80 percent of funding for state-led conservation comes from selling hunting and fishing licenses, in addition to federal excise taxes on related gear, such as guns and ammo. These activities aren’t as popular as they once were. “That results in less conservation work getting done,” Andrew Rypel, a freshwater ecologist at the University of California Davis, told Vox in August.

Another challenge is that states spend virtually all the money they do raise on managing animals that people like to hunt or fish, such as elk and trout. “At the state level, there’s been almost zero focus on non-game fish and wildlife,” Daniel Rohlf, a law professor at Lewis & Clark Law School, said in August. That leaves out many species — including, say, kinds of freshwater mussels — that play incredibly important roles in our ecosystems.

RAWA could be a fix. The bill would provide state wildlife agencies a total of $1.3 billion a year by 2026, based on the state’s size, human population, and the number of federally threatened species. RAWA also includes nearly $100 million for the nation’s Native American tribes, who own or help manage nearly 140 million acres of land in the US (equal to about 7 percent of the continental US).

One feature of RAWA that makes it so useful, according to environmental advocates, is that it requires states to protect animals that are imperiled, whether or not they’re targeted by hunters and fishers. “That’s funding that doesn’t exist right now,” Rohlf said.”

“After RAWA passed the House last summer, lawmakers turned to the bill’s tallest hurdle: the “pay-for,” a.k.a. how to cover the cost of the legislation, without having to raise the deficit.

Negotiations carried on throughout the fall, and legislators put forward a number of different proposals. In the final weeks of the congressional term, it looked as though the government would pay for RAWA by closing a tax loophole related to cryptocurrency, as E&E News’s Emma Dumain reported.

Ultimately, lawmakers couldn’t agree on the details. That’s why RAWA got cut from the omnibus bill.”

The Freedom Caucus Was Designed To Disrupt By Kaleigh Rogers

“By Thanksgiving 2014, Fleming and a handful of other members were at their wits’ end, so they decided to form their own group. In early 2015, the Freedom Caucus was born. It was designed to be very selective about its closed, sometimes secretive membership — only ultraconservatives allowed — in order to serve as what Fleming calls the conservative “anchor” of the GOP in the House. Its members would attempt to tow the party toward the right, and once they staked out a position, they wouldn’t budge.
While the Freedom Caucus had policy goals in mind, most of its work has focused on disrupting and altering the internal workings of the House. If it could wrest away some of the speaker’s power, the thinking went, more conservative legislation might have a better shot at passing. One early and consistent way the Freedom Caucus did this was by voting against House rules, slowing down the legislative process and making it harder for bills that the caucus wasn’t happy with to come up for a vote. But it also took some bigger swings. While the Freedom Caucus didn’t agree to former Rep. Mark Meadows’s decision to file a motion to vacate the chair in the summer of 2015 in an effort to oust Boehner, it backed him after the fact, and that consensus was part of what led Boehner to resign as speaker.

Part of what makes the Freedom Caucus a unique intraparty faction is also its greatest strength. If 80 percent of its members agree to a position or action, everyone has to be on board. That’s different from other groups throughout American history, according to Matthew Green, a professor of politics at The Catholic University of America and the author of a book about the Freedom Caucus. It isn’t just a group of likeminded members; it’s also an effective, disruptive voting bloc that stands together. Members are willing to do this because in order to get to that 80 percent threshold, there’s a lot of debate and persuading internally, according to former Rep. Raúl Labrador, one of the founding members of the Freedom Caucus and now Idaho’s attorney general. “The best debates I ever had in Washington, D.C., were in the Freedom Caucus,” Labrador said.

Another difference is the caucus’s willingness to buck the speaker and establishment — a disposition that can come with political consequences, which is why intraparty factions have historically avoided such sparring.

“That’s a big ask. That’s a risky thing to do,” Green said. “The speaker is powerful, the speaker has powerful friends and you’re risking your committee assignments. You could put your fundraising abilities in danger.”

These differences are part of how the Freedom Caucus has leveraged its relatively small size (it’s estimated to have around 40 members currently, though exact membership numbers are not public) to have outsized impact. Perhaps most notably, it aligned behind former President Donald Trump more resolutely than the Republican Party establishment, gaining access and influence through the White House. (To wit: Many former Freedom Caucus members, including Meadows and Fleming, went on to hold positions in Trump’s administration.)

Now, with the GOP holding just a narrow majority in the House, the Freedom Caucus can wield its unity and antagonism to even sharper effect. As the vote for speaker demonstrated, a group even half the size of the Freedom Caucus can hold the chamber hostage for days. So when fully unified, just imagine what it might unleash.”

What’s The Deal With The Freedom Caucus?

“The Freedom Caucus’s obsession with smaller government can border on indifference toward any governing at all. Its members used to prioritize fiscal conservatism, but recently they’ve been criticized for obstructing just for obstructionism’s sake. In Boehner’s words, “They can’t tell you what they’re for. They can tell you everything they’re against.””

Republicans Didn’t Get Less Popular After All That Speaker Drama — They Were Already Unpopular

“Two polls found that a plurality of Americans thought that the drama surrounding the speaker election hurt the GOP. According to a HarrisX/Deseret News poll conducted right after McCarthy’s election, 41 percent of registered voters felt that the Republican Party was weaker after the speaker election, and only 23 percent thought it was stronger. In addition, 43 percent of registered voters told HarrisX/the Deseret News that the ordeal made them trust the Republican Party less. Meanwhile, 34 percent of respondents told Ipsos that the drama weakened the Republican Party, and only 19 percent said it strengthened the party.
In reality, these poll questions don’t tell us that much. We’ve written previously about the dangers of pollsters asking whether a given event makes people more or less likely to vote for a candidate or party. Asking whether the speaker election made people trust the GOP less falls into the same trap. The question allows people to express dissatisfaction with the election without considering where their feelings started on the issue. (For example, quite a few of those people — i.e., Democrats — probably had little or no trust for the GOP to begin with.)

And asking Americans to be pundits and assess whether the GOP is weaker in the wake of the speaker vote is less informative than just looking at the GOP’s actual standing. Several polls have shown that the Republican Party’s brand hasn’t changed since the disharmony. It was damaged before the speaker vote, and it’s still damaged after it”

Don’t Let the House Hunter Biden Investigation Become a Russiagate-Style Search for Election Excuses

“Republicans have long insisted that not only did Hunter use his father’s name to secure foreign business deals for himself but that Joe Biden was in on the game. There is evidence for the former, and not for the latter. Regardless, the first people lawmakers might want to question are those intimately involved with Hunter Biden’s business dealings, right?
Apparently not. First up, per a Politico report, are three former Twitter employees.

Comer has invited former Twitter Deputy General Counsel James Baker, former Global Head of Trust and Safety Yoel Roth, and former Chief Legal Officer Vijaya Gadde to the hearing to testify about Twitter’s decision to temporarily block a New York Post story about Hunter Biden in 2020.

That decision was recently dissected at length in the Twitter Files, a series of reports based on internal documents that Twitter CEO Elon Musk has shared with a small group of journalists. The documents reveal Twitter executives engaged in ample deliberation and debate about how to handle the story, primed by warnings from the (Trump-era) Justice Department about the possibility of fake news being spread by foreign adversaries.

It’s pretty clear that Twitter’s decision to suppress the story—ultimately a wrong decision, albeit also a very short-lived one—was very much a product of people trying to avoid repeating the mistakes of 2016. Authorities were on high alert—perhaps to the point of paranoia—about foreign propaganda that might influence the 2020 electorate. And tech companies, having just lived through years of being excoriated for letting foreign propaganda spread in 2016, were extra sensitive to allegations that they might let it happen again.

But Republicans seem to desperately want there to be more to this story. For it to serve as a smoking gun against Joe Biden, tech companies, or both. For it to be a tidy explanation as to why Biden won in 2020.”

“Twitter made the wrong call with the story, yes. But it did so temporarily, with much deliberation, influenced by authorities in the Trump administration, and to the effect that the Hunter Biden story got even more attention. The idea that Joe Biden would have lost the election had this not happened is crazy. And the idea that Biden himself helped cover it up because he’s hiding something about his own business dealings lacks any evidence.

But these narratives are also very beneficial to Biden’s enemies. And Republicans seem determined to wring every last bit of political capital possible out of them.

Once again we’re reminded that the people in power—no matter which side that is—are more focused on making excuses for their own shortcomings and slinging mud at the other side than actually doing the hard work of becoming a faction more Americans can get behind.”

The Best Inflation News This Week Actually Came Out of Congress

“As part of the new rules package approved by House Republicans this week, the Congressional Budget Office (CBO) and Joint Committee on Taxation (JCT) will now be required to score legislation on projected macroeconomic effects—including inflation.
That’s a welcome change that will provide more information to lawmakers and the general public about the impact of spending bills.”

How Do We Solve a Problem Like George Santos?

“Two-party political systems on their best days are pendulums—we vote for zig when the other side zags too far, often without getting too hung up on the details. This is indeed what brought us George Santos: Voters in the suburbs of New York City were fed up with crime, inflation, and education policy and sought to punish the locally dominant Democrats. That desire overwhelmed any motivation to learn about let alone act upon the preelection reporting from the local North Shore Leader newspaper that Santos was lying about his real estate holdings and much besides, to the point where the paper editorialized that “he’s most likely just a fabulist—a fake.”
That pendulum-swing inattention becomes actively corrupted every time an election is cast as a potentially apocalyptic showdown against forces that threaten to bring down the entire country. Who’s got time for political niceties (like not making crazy things up) when the very future of the republic is at stake? That logic helped bring us one of the wildest liars in U.S. political history, Donald Trump. And it also brought us his serially fabulist successor, Joe Biden.”

“Whataboutism does have the honest-to-goodness virtue of pointing out hypocritical imbalances of treatment, especially by allegedly neutral institutions, of political actors based on their partisan or ideological status rather than on the behavior being critiqued. But for people locked into a must-win electoral mindset, it defaults to pure deflection. How can you criticize our guy when you didn’t criticize their guy? How can you bust Biden’s chops on repeatedly saying untrue things without immediately producing a scorecard showing that his predecessor was worse?

At the risk of overstating the obvious, this is not a recipe for reducing the amount of venal and possibly even criminal dishonesty among elected officials. Whataboutism could be used in a partisan way for good—like, “Hey, that bad behavior on the other side; is anyone on our side doing something similar? If so, we should knock it off.” But there’s no reason to expect politicians to take that path until the rest of us show them the door.”

“But we also need to solve the problems of Joe Biden and Donald Trump, which means not excusing or minimizing their lies just because the other guy is worse, and maintaining the citizen self-respect not to succumb to political trench warfare. Not only do your political hatreds pay for an entire unproductive economic sector, they also enable awful people to get away with their past malfeasance in the improbable name of saving America. Want politicians to stop lying to you? Stop letting them.”

House GOP tempts fall government shutdown with longshot spending demands

“In addition to Republicans’ pledge to slice $130 billion from the $1.7 trillion government funding package that passed in December, conservatives want to take the process old-school. Rather than passing one massive bill, they’re calling for individual votes on the dozen appropriations bills that set annual budgets for different agencies, a more time-consuming but transparent procedure that recent Congresses have struggled to complete.
They’re also planning to allow an amendment free-for-all, which is all but certain to further drag out or trip things up.

Additionally, House Republicans say they’ll refuse to negotiate with the Senate until the upper chamber passes its own spending bills, which hasn’t happened in years. Typically, Senate appropriators have instead entered into bipartisan talks with their House counterparts, only burning valuable floor time on a package they’re certain would pass both chambers.

And GOP demands expand beyond funding the government. Republicans say they won’t back a debt limit increase unless they get their way on spending cuts or measures to reign in the ever-increasing $31 trillion debt. The timing of that could be tricky, however, as the Treasury Department could hit its credit card limit this summer, while federal cash expires on Sept. 30.

A debt ceiling hike will arguably make for a much bigger battle in Congress, leaving even less time and patience for bipartisan talks on funding the government.”