Boxer Ostensibly Breaks Climate Bill Committee Rules Two Days Running

American Thinker ^ | November 4, 2009 | Marc Sheppard

[jazusamo]

Apparently, rules don’t apply to zealots-with-gavels convinced they were put on this planet to secure its salvation.

Lacking a single occupied Republican seat in the room, Senate Environment and Public Works (EPW) Committee chair Barbara Boxer (D-CA) has nonetheless moved markup of the climate bill she cosponsors ahead for a second straight day.  And in doing so, the ever-arrogant eco-crusader appears to be walking a thin green legal line.

Here’s the latest:

Sen. James Inhofe (R-OK) arrived at the EPW hearing room this morning to restate the GOP position that markup should be postponed pending comprehensive cost analysis. The ranking member delivered a brief speech and a copy of a letter to Boxer, responded to a few questions, and then exited the proceedings.

The letter, written yesterday by Sen. George Voinovich (R-OH) and addressed to Environmental Protection Agency (EPA) Administrator Lisa Jackson, questioned the purpose of continued EPW briefings prior to completion of a full EPA cost analysis.  Voinovich was the lone Republican to show up at yesterday’s hearings, where he delivered a similar message, adding that an earlier EPA study, which forecasts an $80 to $111 cost per average household, was incomplete and based on both a markedly different Bill (House passed Waxman-Markey) and “unrealistic assumptions.” 

Before leaving the hearing this morning, Inhofe reiterated the need for the committee and the public to be provided both with a fair projection of the Bill’s costs prior to markup.  And it was Boxer, who yesterday accused Republicans of “playing politics” to delay the legislation, Inhofe blamed for the holdup:

“EPA can start today to complete this analysis.  But Madam Chairman, the way we see it, you are standing in the way.  So I'm asking you this morning to work with us; let EPA do its analysis, so we can get to a markup.  It's really that simple.”

So here we are at the second day of Kerry-Boxer markup and the second day Boxer chose to proceed without GOP representation, despite committee rules requiring two members of the minority be present in order to provide a quorum for a markup.

It seems Boxer cited a “provision in the rules” she claims allows her to proceed as long as a majority of committee members are present.  Not that I don’t trust her, although I most certainly do not, but I thought a quick trip over to the EPW rules site for a look-see was in order.  

Now, according to Rule 2 of the committee rules: [my emphasis]

“At committee business meetings, and for the purpose of approving the issuance of a subpoena or approving a committee resolution, one third of the members of the committee, at least two of whom are members of the minority party, constitute a quorum, except as provided in subsection (d).”

And it appears to be the language of subsection (d) that Boxer is attempting to play games with:

“No measure or matter may be reported to the Senate by the committee unless a majority of committee members cast votes in person.”

From a layman’s reading, one would surmise that although the bill can be reported out of committee with a simple majority, at least 2 Republicans need be present to consider any amendments.  In which case, Boxer’s decision to continue markup sessions without minority representation would be as illegal as it is unprecedented.

Interestingly enough, Boxer’s deployment of the “nuclear option,” as many Republicans are referring to it, didn’t seem to bother Sen. Lindsey Graham of South Carolina -- the first Republican to endorse the bill. He and Senators Lieberman and Kerry just finished discussing the Bill before cameras, yet Graham said nothing about the Democrats’ impropriety.  As it was, after all, his inexplicable turncoat actions that enabled Democrats and the MSM to stamp the now meaningless label “bi-partisan” on this disastrous legislation, surely something should have been said about this breach in EPW rules.

Prior to gaveling out for today’s lunchtime recess, Boxer repeated numerous times that she intended to abide by the rules.

The question is:  Whose rules – those of the committee or those of the climate-hysterics currently controlling it?

[jazusamo]

Looks like rules don't apply to RAT Babs Boxer and RINO Graham doesn't seem to care.

[jazusamo]

Please bump the Freepathon and donate if you haven’t done so!

[KansasGirl]

He Boxer, we’ll keep this re-interpretation of the rules in mind when we get back in the majority.

[markomalley]

Getting a bit sick of Grahamnesty

[D-fendr]

I think before there’s a vote on the bill to control the climate we should a vote on what temperature we want.

Myself, I vote for turning the thermostat up a bit.

[DallasDeb]

They will cheat, lie, and steal to get what they want. I know that it may be used as a ploy by the ‘pubs to delay the committee’s work (which I fully agree with), but who would trust the EPA’s estimate, anyway?

[July4]

Which good conservative will run against Lindsay Graham? Let’s learn from our near win in NY and get started early working to defeat the traitorous Mr. Graham.

[Lakeshark]

Didn't he just win last year?

If so, you might want to wait a few years.

[your local physicist]

Does the DNC have some kind of dirt on this guy? He’s acting very strangely on this issue.

[jazusamo]

Correct, the EPA estimate wouldn’t be worth the paper it’s written on but it’s telling that Babs thinks she can do as she pleases, very typical of her.

[PORD]

“GOP position that markup should be postponed pending comprehensive cost analysis.”

This should be a mandate on every bill, it would help stop the bullspin!

I would not be surprised that with the election’s results the Jackboot-o-crats will put hammer down to get everything they want before the next election, OR, there will be a “crisis” that BHO will use to declare Marshall law to stop the elections. (Am I getting too cynical???)

[Inwoodian]

Methinks someone has pictures of Lindsey in a tutu and no leotard.

[jazusamo]

I think that’s possible.

[your local physicist]

This administration is a disaster on energy policy, and the EPA is part of that disaster. They suppressed a report from one of their own analysts who rejected the theory of man-made global warming. Global warming theory is a complete hoax pushed by environmental extremists and supporters of world government. The IPCC's climate forecasting model is riddled with errors.

[RowdyFFC]

Hey Boxer, you rubber check writing, arrogant freak, Ma’am, enjoy your schtick while you can...we’re doing everything we can to get your behind fired!!!

Join PatriotsHeartNetwork blogtalk radio, Monday nights at 9 pm (ET) and 8 pm (CT) with MommaE, Ray, me, Genevieve, Chalice, et al...

We’re presenting the facts about all the dead stumps we have had sitting in congress for going on 27 years like Boxer, who’s total legislative prowess has been naming two post offices and being arrogant arses!

We’re targeting dead stump democrats (CPUSA) and ‘Progressive’ (CPUSA) republicans as well.

It’s time to CLEAN THEIR CLOCKS and clean house in DC!

[ully2]

I think it is appropriate that he appears in clown face.

[your local physicist]

The democrats will push hard to get what they want before the next election, but that's not going to work on cap & tax and health care, because the public is strongly opposed to those bills and Corzine's loss in NJ is a powerful signal that BHO has already lost a lot of influence with the American public.

BHO won't declare marshal law. That kind of coup d'etat strategy would be an all in riverboat gamble to essentially abolish the US constitution, and it would surely fail and badly damage the democrat party. Unless Obama goes off the deep end mentally, he'll never try something like that.

[jazusamo]

I like that pic of him, it’s fitting.

[NRA2BFree]

Interestingly enough, Boxer’s deployment of the “nuclear option,” as many Republicans are referring to it, didn’t seem to bother Sen. Lindsey Graham of South Carolina -- the first Republican to endorse the bill. He and Senators Lieberman and Kerry just finished discussing the Bill before cameras, yet Graham said nothing about the Democrats’ impropriety. As it was, after all, his inexplicable turncoat actions that enabled Democrats and the MSM to stamp the now meaningless label “bi-partisan” on this disastrous legislation,

Graham is an arrogant pos, sob! He's no conservative, and that's for sure. He's a RINO, and he's a media whore. He sure does love that attention, and he doesn't care if he sells Americans down the river as long as he gets face time on air.

[July4]

I don’t think it’s too early. Let’s put some sunshine on every move Lindsay Graham makes. Let’s start grooming a candidate with the views we deem good for America and give him or her exposure, practice with the media, domestic and foreign policy mentoring, and the necessary funds to build a good staff. Too soon? I don’t think so. Mr. Graham’s dug in, and we need to build a bunker buster.