After months of arduous negotiations, the House approved the Waxman-Markey bill, Congress’s first attempt to address global warming by curbing greenhouse gases and establishing a cap-and-trade system. The 219-212 vote will be remembered as one of the big triumphs Obama’s first year and as one of the more impressive feats of a beaming Nancy Pelosi’s tenure as Speaker. With dozens of conservative Democrats making it clear they would never support cap-and-trade legislation, it often looked like this reform couldn’t pass.
However ground-shifting this development, it is also important to point out that the legislation was considerably watered down in recent weeks. House Agriculture Committee Chairman Colin Peterson single-handedly forced the bill’s sponsors to dramatically scale back the bill. Benchmarks were lowered enough that many backers are now worried this cannot meaningfully address the climate crisis; some contend that the legislation’s most consequential provisions will be the sweet deals reserved for industrial groups and a number of environmental groups opposed final passage.
None of this prevented Republicans from painting this bill as the end of America as we know it. Predictably, Michelle Bachmann went the furthest. “We get to choose,” she said on the floor of the House. “We choose liberty, or we choose tyranny — it’s one of the two.” Also noteworthy are Geoff Davis’s warning that this represents the “economic colonization of the heartland” by coastal states and Devin Nunes’s denunciation of the “the twisted desires of radical environmentalists.”
Many, though far from all, vulnerable Democrats opposed the bill
Republicans have signaled that this vote will be a key component of their 2010 campaign, which makes it particularly interesting to browse through the roll call to see how this might after the midterms. 44 Democrats opposed the bill. Some of them did so from the left (at least Dennis Kucinich, Peter Stark and Peter DeFazio; “apparently, the planet is not melting; it is just getting better for polluters,” commented Kucinich), but most did it from the right.
Many are Blue Dogs who are unlikely to face credible challengers and are thus motivated by genuinely ideological reasons (Gene Taylor, Brad Ellsworth, John Salazar, Earl Pomeroy, Jim Costa, Joe Donnelly, Stephanie Herseth Sandlin, Mike McIntyre). And then there are those junior Democrats who have a big target on their back:
Jason Altmire, Michael Arcuri, John Barrow, Bobby Bright, Chris Carney, Travis Childers, Kathy Dahlkemper, Parker Griffith, Larry Kissell, Eric Massa, Charlie Melancon, Walt Minnick, Glenn Nye
On the other hand, many who supported the bill might have been expected to do otherwise. Among Blue Dogs who often side with conservatives but did not, let’s cite Allen Boyd, Heath Shuler and Ben Chandler. And then there is a substantial list of vulnerable Democrats who ended up voting yes (including more than half of those who are in toss-ups in my ratings):
Frank Kratovil, Tom Perriello, Betsy Markey, Paul Kanjorski, Mark Schauer, Suzanne Kosmas, Henry Teague, Steve Driehaus, John Adler
This is a long enough list (and it is made up of vulnerable enough Democrats) that it defy the others’ contention that supporting the measure would doom their 2010 prospects; Kratovil is undeniably the most surprising. (For those interested in Senate primaries, Carolyn Maloney and Joe Sestak both voted ‘aye.’)
Keep in mind that Democratic leaders know what votes they need and they’ll allow some of their vulnerable members to break party lines if it can help them. As such, it is no coincidence that the bill ended up with 219 votes - just one above the majority. Had more veteran Democrats voted ‘no’ or had less Republicans crossed-over, you can be sure that Pelosi and Clyburn would have instructed a junior lawmaker like Massa to vote “yes.”
Some vulnerable Republicans supported it
8 Republicans supported the bill; interestingly, 3 of them are from New Jersey. The first 5 on the list could face competitive races next year:
Mark Kirk, Dave Reichert, Mike Castle, Leonard Lance, Mary Bono Mack, Chris Smith, Frank LoBiondo, Mike Castle and John McHugh.
It’s technically true to say that these Republicans made all the difference (the bill goes down 220-211 if we invert their vote) but, as I explained above, that would be a flawed analysis as the Democratic leadership was probably ready to uncover some additional affirmative votes had the need arisen. But that should not take away from those Republicans’ votes, as they greatly facilitated the opposition’s life while helping give some vulnerable Democrats cover. The votes of Kirk and Castle are perhaps most interesting, since both are considering running for Senate.
What is next
Conservatives sound convinced that cap-and-trade will not pass the Senate and thus don’t seem that upset about this vote. Such confidence might be derived from Senator Jim Inhofe’s pronouncement that the Senate is “absolutely certain” to “kill” the legislation. Inhofe estimates that no more than 34 Senators would be willing to vote against a Republican filibuster. (Of course, this is the same interview in which Inhofe insists that “the vast majority of the scientific community has now said Inhofe’s right” that global warming is “a hoax.”)
Yes, it will be tough to get climate change legislation approved in the upper chamber: This is the sort of issue on which the Senate’s arcane composition is most toxic to the prospects of reform. Democrats from the inner states are less likely to support cap-and-trade than Democrats from coastal states, so the fact that small Mountain states and Midwestern states are overrepresented while California is screwed over will be a major obstacle to the bill’s passage - not to mention the need to cross a 3/5th threshold.
At the end of the day, however, dozens of initially skeptical representatives got on board. Why would the same thing not happen in the Senate? If Rep. Peterson managed to single-handedly plunge environmentalists in a state of profound depression, there is no reason to believe that the Senate’s conservative Democrats won’t be able to extract enough concessions to support a bill. Would Senators like Carl Levin and Debbie Stabenow really stand on the way of a bill as considerably watered down as the one that passed the House?
Earlier this year, a coalition of 33 Senators, including 8 Democrats (Byrd, Bayh, Casey, Landrieu, Levin, Lincoln, Ben Nelson and Pryor), wrote a joint letter urging cap-and-trade not be included in reconciliation instructions, which would have allowed the Senate to pass a bill with only 50 votes. These 8 Democrats’ goal was not necessarily to block the legislation; it was also remaining relevant and thus obtaining concessions.
The relevant question probably isn’t whether a version of today’s legislation will pass the Senate but how watered down it will be - and how it will be handled in the conference committee.
Update: Politico identifies four Democrats who voted no or were not present in the chamber even though they had told the leadership they would vote support the bill, thus attracting the leadership’s anger - Rep. Ciro Rodriguez (who reportedly sprinted out of the chamber after casting his vote), Rep. Alcee Hastings (who was present), Rep. Jim Costa and Rep. Solomon Ortiz. Party leaders were also counting on Rep. Eric Massa’s support.