After reading a few days worth of carping about Joe Biden’s performance, I decided enough’s enough and responded at New York:
Joe Biden has been president of the United States for 43 days. He inherited power from a predecessor who was trying to overturn the 2020 election results via insurrection just two weeks before Inaugural Day, and whose appointees refused the kind of routine transition cooperation other administrations took for granted. His party has a four-vote margin of control in the House, and only controls the Senate via the vice presidential tie-breaking vote (along with a power-sharing arrangement with Republicans). Democratic control of the Senate was not assured until the wee hours of January 6 when the results of the Georgia runoff were clear. Biden took office in the midst of a COVID-19 winter surge, a national crisis over vaccine distribution, and flagging economic indicators.
Biden named all his major appointees well before taking office, and as recommended by every expert, pushed for early confirmation of his national security team, which he quickly secured. After some preliminary discussions with Republicans that demonstrated no real possibility of GOP support for anything like the emergency $1.9 trillion COVID-19 relief and stimulus package he had promised, and noting the votes weren’t there in the Senate for significant filibuster reform, Biden took the only avenue open to him. He instructed his congressional allies to pursue the budget reconciliation vehicle to enact his COVID package, with the goal of enacting it by mid-March, when federal supplemental unemployment insurance would run out. Going the reconciliation route meant exposing the package to scrutiny by the Senate parliamentarian, It also virtually guaranteed total opposition from congressional Republicans, which in turn meant Senate Democratic unanimity would be essential.
The House passed the massive and complex reconciliation bill on February 27, right on schedule, with just two Democratic defections, around the same time as the Senate parliamentarian, to no one’s great surprise, deemed a $15 minimum wage provision (already opposed by two Senate Democrats) out of bounds for reconciliation. The Senate is moving ahead with a modified reconciliation bill, and the confirmation of Biden’s Cabinet is chugging ahead slowly but steadily. Like every recent president, he’s had to withdraw at least one nominee – in his case Neera Tanden for the Office of Management and Budget, though the administration’s pick for deputy OMB director is winning bipartisan praise and may be substituted smoothly for Tanden.
Add in his efforts to goose vaccine distribution — which has more than doubled since he took office — and any fair assessment of Biden’s first 43 days should be very positive. But the man is currently being beset by criticism from multiple directions. Republicans, of course, have united in denouncing Biden’s refusal to surrender his agenda in order to secure bipartisan “unity” as a sign that he’s indeed the radical socialist – or perhaps the stooge of radical socialists – that Donald Trump always said he was. Progressives are incensed by what happened on the minimum wage, though it was very predictable. And media critics are treating his confirmation record as a rolling disaster rather than a mild annoyance, given the context of a federal executive branch that was all but running itself for much of the last four years.
To be clear, I found fault with Biden’s presidential candidacy early and often. I didn’t vote for him in California’s 2020 primary. I worried a lot about Biden’s fetish for bipartisanship. I support a $15 minimum wage, and as a former Senate employee, have minimal respect for the upper chamber’s self-important traditions. But c’mon: what, specifically, is the alternative path he could have pursued the last 43 days? Republican criticism is not worthy of any serious attention: the GOP is playing the same old tapes it recorded in 2009 when Barack Obama (and his sidekick Biden) spent far too much time chasing Republican senators around Washington in search of compromises they never intended to make. While they are entitled to oppose Biden’s agenda, they are not entitled to kill it.
Progressive criticism of Biden feels formulaic. Years and years of investment in the rhetoric of the eternal “fight” and the belief that outrage shapes outcomes in politics and government have led to the habit of seeing anything other than total subscription to the left’s views as a sell-out. Yes, Kamala Harris could theoretically overrule the Senate parliamentarian on the minimum wage issue, but to what end? So long as Joe Manchin and Kyrsten Sinema oppose the $15 minimum wage, any Harris power play could easily be countered by a successful Republican amendment to strike the language in question, and perhaps other items as well. And if the idea is to play chicken with dissident Democrats over the fate of the entire reconciliation bill, is a $15 minimum wage really worth risking a $1.9 trillion package absolutely stuffed with subsidies for struggling low-income Americans? Are Fight for 15 hardliners perhaps conflating ends and means here?
Media carping about Biden’s legislative record so far is frankly just ridiculous. Presumably writing about the obscure and complicated details of reconciliation bills is hard and unexciting work that readers may find uninteresting, while treating Tanden’s travails as an existential crisis for the Biden administration provides drama, but isn’t at all true. The reality is that Biden’s Cabinet nominees are rolling through the Senate with strong confirmation votes (all but one received at least 64 votes), despite a steadily more partisan atmosphere for confirmations in recent presidencies. The COVID-19 bill is actually getting through Congress at a breakneck pace despite its unprecedented size and complexity. Trump’s first reconciliation bill (which was principally aimed at repealing Obamacare) didn’t pass the House until May 4, 2017, and never got through the Senate. Yes, Obama got a stimulus bill through Congress in February 2009, but it was less than half the size, much simpler, and more to the point, there were 59 Senate Democrats in office when it passed, which meant he didn’t even have to use reconciliation.
There’s really no exact precedent for Biden’s situation, particularly given the atmosphere of partisanship in Washington and the whole country right now, and the narrow window he and his party possess – in terms of political capital and time – to get important things done. He should not be judged on any one legislative provision or any one Cabinet nomination. So far the wins far outweigh the losses and omissions. Give the 46th president a break.
I appreciate your taking note of it. That’s more than Political Wire is doing.
ducdebrabant:
While I don’t necessarily share your less-than-happy assessment of what Barack Obama will do as president, I do share your anguish about the underside of last night’s results. The Prop 8 win was a shock (check out the county-by-county numbers at the LA Times site to see the very limited areas in which it lost), and the Florida initiative was even worse, since it required so large a vote.
We intend to do some analysis on this subject at TDS, with the goal of helping break the back of state-sponsored homophobia in the future. That’s a very small contribution to a big challenge, but we must all do what we can, or every celebration will leave someone on the sidelines, unable to join in.
Thanks for the comment.
Ed Kilgore
At the same time they embraced a black man, voters all over America punished and persecuted gay men and lesbians.
An Obama administration intent on consensus, determined to achieve legislative victories not by majorities of 60 but by majoriities of 80 and 85 in the Senate, cannot be expected to do much for them. The value of the new Democratic majorities will be measured mainly in what they will not do. No Constitutional amendment targeting homosexuals, for example.
And should the Congress bother (in these trying times) to re-enact employment non-discrimination, or add gays and lesbians to hate crimes legislation, Obama will presumably sign the bill. We can expect the White House to issue another executive order forbidding discrimination in the civil service. Gay men and lesbians in the military can probably sit and stew for the next four years unless they roll legislation ending Don’t Ask, Don’t Tell by their own efforts. Obama may not hinder it, but he won’t expend political capital in his first term to help them.
This centrist administration will make mostly symbolic gestures and get out of the way of the determined advocates of gay and lesbian equality, but it won’t be a determined advocate, or much of an advocate, at all. I accept that. It’s better than the last 8 years, that’s for sure.
But they’re hunting us in California, they’re hunting us in Arkansas, they’re hunting us in Florida, they’re hunting us in Arizona. The most we’ll get from the White House to protect us from the states is a cup of tea and a kind word.
All this election has done for gay people is de-federalize an assault on our citizenship and liberties and return it to the states. This should have been a happy day for all Americans. For some of us, it isn’t altogether that.
In no state where attacks on gays and lesbians were on the ballot did kindness, generosity, or even good sense prevail. America didn’t give up hating this year. It just decided to transfer its loathing from a race to a sexual minority.
Obama’s generation of black men and women may indeed be the Joshua Generation, seeing the Promised Land, but Obama is not even the Moses, let alone the Joshua, of gay men and women and their struggle. Perhaps we have no right to expect that. Perhaps he has enough on his plate.
But if not this President’s plate, then whose? We gay men and lesbians have stood at the threshold of the Promised Land for generations now. Who knows when we will see it? Perhaps when Barney Frank becomes President?