President Barack Obama might want to find some veto pens. A lot of them. After setting a modern record for fewest vetoes — just two early on in his presidency — thanks to a Democratic Senate, Republicans could soon be sending him reams of legislative cannon fodder.
While conventional wisdom suggests relatively few controversial bills would head to the president’s desk, because after all, Republicans will need at least six senators who caucus with the Democrats to beat back filibusters — Republicans can bypass filibusters in multiple ways if Democrats try to gum up the works.
Republicans have already talked about using the budget reconciliation rules to bypass filibusters so they can put spending and tax bills on the president’s desk with their priorities — including potentially an attempt to gut much of Obamacare.
They also plan to use another power to strike at the heart of Obama’s pen-and-phone agenda. Under the Congressional Review Act, the House and Senate can vote to block recently enacted regulations, and such votes cannot be filibustered.
Back in 2011, Senate Republicans forced a vote on a resolution to block the Federal Communications Commission’s rules on “net neutrality.” Then-Sen. Kay Bailey Hutchison, R-Texas, offered the disapproval resolution, which Democrats rebuffed, 46-52. Should the FCC move ahead in the coming year on rules that are in line with what Obama and the White House outlined Monday, Republicans could have the votes to send a disapproval resolution to the president’s desk.
That’s after Republicans from all corners panned Obama’s announcement Monday that he supported viewing consumer broadband as a utility and encouraged FCC Chairman Tom Wheeler to ensure net neutrality.
“The president’s call for the FCC to use Title II to create new net neutrality restrictions would turn the Internet into a government-regulated utility and stifle our nation’s dynamic and robust Internet sector with rules written nearly 80 years ago for plain old telephone service,” said Senate Republican Conference Chairman John Thune. “The president’s stale thinking would invite legal and marketplace uncertainty and perpetuate what has needlessly become a politically corrosive policy debate.”
The South Dakota Republican is in line to take the gavel of the Commerce, Science and Transportation Committee next year. That panel’s jurisdiction includes telecommunications policy.
The EPA — and climate change regulations in particular — also face incoming fire from Sen. James M. Inhofe, the Oklahoma Republican in line to regain the chairmanship of the Environment and Public Works Committee.
“Last year, Senator Inhofe said he would be using the Congressional Review Act on any major EPA regulation that comes out under the Obama Administration, and I expect you will only see more momentum for this now that the Republicans have the majority in the Senate,” Inhofe spokesperson Donelle Harder told CQ Roll Call in an email. “There is widespread concern for how the EPA’s overbearing regulations are going to impact American job creation and the affordability and reliability of our nation’s electricity grid.”
Inhofe himself said as much back in April, when he pledged to use the CRA to try to force floor votes on EPA regulations.
“I’m committed to using the Congressional Review Act on any significant EPA regulation that comes out until the EPA gets honest about the cost accounting it uses in its rules. Because if the agency is not going to be honest, then the EPA, the President, and the Members who support their policies need to own them, which in the Senate means up or down votes on whether to keep or get rid of the EPA’s regulations,” Inhofe said.
Asked about the prospects of the Obama administration facing efforts to upend environmental policy through the CRA, EPA spokeswoman Liz Purchia said in an email that the public supported the agency’s efforts.
“A healthy environment for our children should garner bipartisan support, not be a political football. Poll after poll shows that a strong majority of Americans support EPA’s effort to protect public health. Across the country, citizens want EPA to safeguard clean air and clean water, which are essential building blocks for a strong economy,” Purchia said. “We don’t need to choose between a healthy environment and a healthy economy because the two go hand in hand.”
Opposition to EPA emissions proposals affecting coal-fired power plants was one of the recurring themes of the re-election campaign of the man set to become majority leader next year, Mitch McConnell of Kentucky, and the EPA is sure to face the prospect of spending restrictions and policy riders through the appropriations process as well.
Obama’s newly announced climate deal with China hasn’t cooled Republican passions on the issue, either.
“This unrealistic plan, that the President would dump on his successor, would ensure higher utility rates and far fewer jobs,” McConnell said in a statement. “The President said his policies were on the ballot, and the American people spoke up against them. It’s time for more listening, and less job-destroying red tape. Easing the burden already created by EPA regulations will continue to be a priority for me in the new Congress.”
White House counselor John Podesta has already dismissed the idea that Congress will be able to block Obama’s climate regulations.
Other regulations that could land on Obama’s desk with congressional disapproval resolutions range from health care to labor.
There are time limits and conditions defined in the statute, so not everything the administration does will trigger a filibuster short-circuit for the GOP.
And the process will mainly be a way for Republicans to voice their displeasure — and put Senate Democrats on the record — rather than a plan to realistically change administration policy. A veto would still have to be overridden in both chambers, and Republicans would need major Democratic backing to achieve the 67 Senate votes and 290 in the House to override.
Indeed, the process has successfully upended an agency rule-making only once: an Occupational Safety and Health Administration ergonomics rule proposed at the end of the Bill Clinton presidency fell victim to a disapproval resolution that became law after Republican President George W. Bush took office.
Steven T. Dennis contributed to this report.