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COLUMNISTS
TODAY'S STORIES
23.04.2008
Republicans Kill Fair Pay Bill

Mitch McConnell and company managed to torpedo a bill that would have undone the Supreme Court's 5-4 decision last year in Ledbetter v. Goodyear Tire and Rubber Company, which held that workers can't sue for ongoing pay discrimination if the statute of limitations has passed since their first discriminatory paycheck (even if, as in most cases, workers don't know at the time that they're being discriminated against). This demonstrates a rather breathtaking lack of empathy on the part of Senate Republicans, even by their usual standards: They're defending on the merits a situation in which if your company continually docks your pay because you're a woman, and you don't find out about it for several years, you can't sue to get your lost wages back. God knows the Democratic Party has lots of problems, but it's nice to see that every single Democrat voted for the bill (with the exception of Harry Reid, who voted against it for procedural reasons once it became clear it would come up short of the 60 votes needed to invoke cloture).

There are a couple further points to note. One, it's funny what an election will do to you: Of the six Republicans who voted for cloture, four (Coleman, Collins, Smith, and Sununu) are facing tough re-election fights. The one Republican in a tight race who voted against cloture was Ted Stevens--a gutsy move on his part, I suppose. Two, just to illustrate how close Democrats are to getting an effectively filibuster-proof majority, the bill needed three more votes (plus Reid) to get 60, and "no" votes Allard, Domenici, and Warner might soon be replaced by Udall, Udall, and...well, Warner. Three, though he missed the vote, John McCain is proudly strutting his anti–pay equality stance.

Four, McConnell had a pretty dumb quote in the New York Times: "We think that this bill is primarily designed to create a massive amount of new litigation in our country." "Massive" is up for debate, but of course it's designed to facilitate litigation--commonsensically reasonable litigation! To argue against the bill you have to actually make a case for why the lawsuits it authorizes are frivolous. That case is so weak that the Washington Post editorial page--that bastion of anti-corporate populism--describes it as "utterly without merit".

Finally, this seems to me like a pretty clear abuse of the filibuster. As I've said before, I agree with George Will that the filibuster appropriately allows for intense minorities to block major legislation, but the key word is intense. Republicans: You not only oppose this bill, but oppose it with such conviction, and view its defeat as such a critical priority, that it merits a cloture vote? Really? I can understand filibustering, say, immigration reform or or universal health care, but this?

--Josh Patashnik 

Posted: Wednesday, April 23, 2008 11:37 PM with 12 comment(s)

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jkolic said:

Agreed, Josh. By the way, thanks for posting a non-Obama-vs-Hillary blog. I know electoral politics is the big topic right now, but we do need articles that deal with other issues as well.

April 24, 2008 12:00 AM

mcgumbleton said:

Right on - I can't wait till we kick their asses out - if nothing else, HIllary has shown the power of women's votes - look at who carried her victory in PA. We need to harness that and ride it to large victory margins in Nov.

[sorry, jkolic, didn't mean to inject the primary back in to it...it was just so illustrative.....]

April 24, 2008 12:12 AM

Annabella2 said:

Hard to believe they would do this... I guess it is a sign of how little thy believe the electorate pays attention or cares and they may be right... "branding images" may matter more than all the economic issues.

But when it comes to corrupting the political process in turn for campaign quid pro quos, an article in Rollingstones needs to get a broad circulation as well.

www.rollingstone.com/.../the_queen_of_pork

Sorry for injecting tangential primary issues into this thread also, except it is shocking to me, still, to see my worst fears so confirmed on the score of abusing the political process for personal gain.

April 24, 2008 1:49 AM

rozenson said:

As the saying goes, 60 is the new 50.

April 24, 2008 3:04 AM

lymon1 said:

Or possibly the GOP is going to use the fillabuster in a historically new way -- Chicagoans will remember how the city council effectively took over the city for a few years after we elected *our* first African-American leader...

April 24, 2008 3:21 AM

Rhubarbs said:

Isn't the solution to GOP filibuster abuse to force the GOP actually to stage the filibuster? Hold the closure debate, bring in the cots, and stay in session for at least 72 hours before you give up. Also, schedule popular or critically important votes -- say, more money for troops in Iraq -- for immediately after the filibustered bill. Force Republicans to do the grueling work of clogging the floor for days at a time, and position them to do so at the expense of bills that should not be delayed. Not only would there be fewer filibusters, Democrats would start winning the politics of congressional inaction.

Plus, if you force John McCain to leave the campaign trail and stay awake on the Senate floor for 48 hours, he might start punching people on camera.

April 24, 2008 7:45 AM

tnmats said:

Rhubarbs is right, make the repugs actually filibuster a bil for real.  Make them do it ala "Mr. Smith goes to Washington".  Shine a light on how sinister they are, that they really don't give one whit about the working stiffs in this country.  And an added bonus of having McBush explode on the Senate floor, exposing him as the mean grouch he is would be so beautiful.

For ONCE I'd like to see the congressional Democrats show a spine and force a harsh floodlight on the pubes.  Just once!

April 24, 2008 8:37 AM

adaglas said:

Mitch McConnell is starting to remind me of the counselor from Kamp Krusty, who raises his glass and toasts, "Gentlemen: To evil."

April 24, 2008 8:52 AM

roidubouloi said:

Absolutely, rhubarbs, absolutely.  No more painless filibusters.  Make 'em suffer and show it all on TV so the American public at least understands what is going on.  Another thing they ought to do is strip every bit of Republican pork out of every bill and use it to sweeten anything they need passed -- buy votes, fracture the Republicans.  If a Republican filibusters his or her favorite piece of pork, run TV ads in their state explaining the benefits to state residents that are being given up.  A little politics would be nice.  It ain't supposed to be beanbag.

April 24, 2008 9:05 AM

blackton said:

while we are at it, lets invoke the nuclear option. I would love to see Republicans vote against something they were so much for 2 years ago.

April 24, 2008 10:15 AM

ratnerstar said:

Of course, democrats would be voting for something they were very much against two years ago.  

April 24, 2008 10:18 AM

tarfon said:

Aren't you conflating two very different issues?  It's one thing to favor liberal tolling rules for a statute of limitations, so that, if the employee did not know and could not reasonably have known that his/her non-selection was based on a prohibited factor (e.g., sex), the limitation period does not start to run until he/she did find out, or should reasonably have found out.  It's another thing to say that each new paycheck constitutes a fresh act of discrimination.  Under the latter rule (which is what the bill does, at least according to press accounts), there really is no statute of limitations.

April 24, 2008 12:57 PM