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Boehner prepares resolution to sue Obama

By Josh Richman
Thursday, July 10th, 2014 at 3:15 pm in Barack Obama, healthcare reform, John Boehner, Nancy Pelosi, Obama presidency, U.S. House

House Speaker John Boehner on Thursday released a draft of a resolution he’ll introduce authorizing the House to sue President Obama over his 2013 decision to unilaterally delay implementation of the Affordable Care Act’s employer mandate.

“In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it,” Boehner, R-Ohio, said in a statement issued with the draft. “That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”

The resolution reads as follows:

Providing for authority to initiate litigation for actions by the President inconsistent with his duties under the Constitution of the United States.

Resolved, that the Speaker may initiate or intervene in one or more civil actions on behalf of the House of Representatives in a Federal court of competent jurisdiction to seek relief pursuant to sections 2201 and 2202 of title 28, United States Code, and to seek appropriate ancillary relief, including injunctive relief, regarding the failure of the President, the head of any department or agency, or any other officer or employee of the United States, to act in a manner consistent with that official’s duties under the Constitution and laws of the United States with respect to implementation of (including a failure to implement) any provision of the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010, including any amendment made by such provision.

SEC. 2. The Speaker shall notify the House of Representatives of a decision to initiate or intervene in any civil action pursuant to this resolution.

SEC. 3. The Office of the General Counsel of the House of Representatives, at the direction of the Speaker shall represent the House in any civil action initiated, or in which the House intervenes, pursuant to this resolution and may employ the services of outside counsel and other experts for this purpose.

The House Rules Committee will consider the draft resolution next Wednesday, July 16.

Drew Hammill, spokesman for House Minority Leader Nancy Pelosi, D-San Francisco, issued a statement later Thursday:

“Instead of working to create jobs, instead of working to strengthen the middle class or addressing any of the urgent issues facing our nation, Republicans are wasting taxpayer dollars on another toxic partisan stunt.

“Time and again, House Republicans’ total abdication of responsibility has forced the President to act. They’ve wasted billions of taxpayer dollars forcing a downgrade of the U.S. economy and a shutdown of the federal government, and now, after wasting millions defending discrimination in the federal courts, the resolution unveiled tonight would authorize hiring more partisan lawyers for yet another legal boondoggle doomed to fail.

“This lawsuit is just another distraction from House Republicans desperate to distract the American people from their own spectacular obstruction and dysfunction. Congress should be creating jobs, raising new ladders of opportunity, and focusing on the challenges facing hard working American families.”

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California’s budget finished 2013-14 in the black

By Josh Richman
Thursday, July 10th, 2014 at 10:23 am in John Chiang, state budget

California finished its fiscal year in the black for the first time since 2007, state Controller John Chiang confirmed Thursday.

California in the blackThat means the state had funds available to meet all of its payment obligations without needing to borrow from Wall Street or from the $23.8 billion available in its more than 700 internal special funds and accounts.

“While this is welcome news after seven years of record-high borrowing just to pay our everyday bills, we still have much work to do,” Chiang said in a news release. “We should remain laser-focused on paying down the Wall of Debt, reversing the many accounting gimmicks to which we’ve become addicted and keeping the State as liquid as possible to avoid experiencing the payment delays and IOUs that plagued our State during the Great Recession.”

The economy inevitably will decline again sooner or later, he noted. “We should be vigilant about preparing for that day while we celebrate the great progress we’ve made to date.”

Chiang’s report found the General Fund had $1.9 billion in cash on June 30, marking the first time it has ended the fiscal year in the black since 2007, when it ended the year with $2.5 billion in the bank.

For the 2013-14 fiscal year, revenues came in at $101.6 billion, or $2.1 billion (2.1 percent) more than projected in the Governor’s budget released in January. Personal income taxes totaled $66.2 billion, coming in $1.7 billion above the January estimates (2.6 percent). Corporate taxes totaled $8.5 billion, which was $725 million more than expected (9.3 percent). Retail sales and use taxes came in at $22.2 billion, or $415 million under (1.8 percent) the estimates.

Revenues for June alone totaled $14.8 billion, beating estimates in the 2014-15 Governor’s Budget by $304 million (2.1 percent). Income tax collections for the month of June came in $635 million (7.4 percent) above estimates. Corporate taxes topped estimates by $289 million (13.2 percent). Sales taxes came in short of estimates by $265.8 million (11.6 percent).

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New law allows wine tastings at farmers’ markets

By Josh Richman
Tuesday, July 8th, 2014 at 1:29 pm in Assembly, Gov. Jerry Brown, Jerry Brown

Salud! Sláinte! Kanpai! L’Chayyim! Wine and hard cider vendors at farmers’ markets can now offer tastings under certain conditions, thanks to a bill signed into law Tuesday by Gov. Jerry Brown.

wine signBrown signed AB 2488 by Assemblyman Marc Levine, D-San Rafael, which had passed the Assembly and state Senate with unanimous votes.

The new law, effective immediately, lets wineries or cider makers who grow all of the fruit in their product to offer tastings to potential customers at farmers’ markets. But nobody’s going to get schnockered: Market managers still have discretion on whether to allow tastings; only one winery can offer tastes at a market on a given day; the tastings must happen in a cordoned-off area; and the grower can pour no more than three ounces of wine or cider per adult customer.

“The farmers’ market shopping experience involves tasting the product,” Levine said in a news release last month. “AB 2488 simply allows tastings at certified farmers’ markets where winemakers are already allowed to sell their products. This bill is a common sense solution for farmers’ markets, wineries and cider makers.”

Paul Kronenberg, president of the Family Winemakers of California, said wine like many other products is traditionally “sold through sampling. Consumers want to understand the wine, decide if they like it and decide if it is a good value.”

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Cleveland Rocks (the RNC’s world)

By Josh Richman
Tuesday, July 8th, 2014 at 10:06 am in Republican Party, Republican politics

Look out, Cleveland, the storm is comin’ through/ And it’s runnin’ right up on you…

The Republican National Committee’s Site Selection Committee on Tuesday named Cleveland as its recommendation to host the 2016 Republican National Convention. The RNC and the city now enter into exclusive negotiations on the details, and the recommendation will be presented to the full 168-member RNC when it meets next month in Chicago.

“Cleveland is a phenomenal city, and I can’t think of a better place to showcase our party and our nominee in 2016,” Site Selection Chairwoman Enid Mickelsen said in a news release. “Cleveland has demonstrated they have the commitment, energy, and terrific facilities to help us deliver a history-making Republican convention.

The committee previously had narrowed the field to Cleveland and Dallas, but Ohio’s battleground-state status probably helped Cleveland carry the day.

The Band’s “Look Out Cleveland” (quoted above) is a bit of a downer lyrically, so one assumes the RNC will also open negotiations with Ian Hunter for the rights to use his song over… and over… and over again…

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Mark Meuser launches Bay Area Republican PAC

By Josh Richman
Tuesday, July 8th, 2014 at 9:46 am in Republican Party, Republican politics

What’s Mark Meuser up to?

Mark MeuserMeuser, you’ll recall, is the Walnut Creek civil litigation attorney who ran against state Sen. Mark DeSaulnier, D-Concord, in 2012 (a race DeSaulnier won, 61.5 percent to 38.5 percent). More recently, he’s been donning Minuteman garb to deliver speeches on the nation’s Founding Fathers at meetings of local Republican groups.

Reports filed Friday with the Secretary of State’s office show Meuser, 39, this year created the Bay Area Republican Political Action Committee, which he funded with $10,500 of his own money. Most of that money already has been spent, including $7,000 on television ad production and $2,500 for print ads in the Antioch Herald. He also registered a BARepublican.com website, though it’s not active yet.

But Meuser is being a bit cryptic about what it’s all for.

“The PAC has not spent any money on behalf of any candidate,” he said in an email conversation Monday. “The PAC is preparing for this November’s election and the money it spent was in preparation for that.”

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Brown signs same-sex marriage bill into law

By Josh Richman
Monday, July 7th, 2014 at 12:50 pm in California State Senate, Gov. Jerry Brown, Mark Leno, same-sex marriage

With a stroke of Gov. Jerry Brown’s pen Monday morning, California did away with its last statutory barriers to same-sex marriage.

Brown signed SB 1306 by state Sen. Mark Leno, D-San Francisco, which replaces references to “husband and wife” with gender-neutral language, bringing state statutes into line with the state and U.S. Supreme Court rulings recognizing marriage rights for same-sex couples. The bill officially takes effect Jan. 1.

“This legislation removes outdated and biased language from state codes and recognizes all married spouses equally, regardless of their gender,” Leno said in a news release.

The U.S. Supreme Court in June 2013 let stand California’s ruling that Proposition 8 of 2008 – which wrote a ban on same-sex marriage into the state constitution – was unconstitutional. By repealing Proposition 8, that ruling essentially restored the California Supreme Court’s 2008 ruling that had cleared the way for same-sex marriages; weddings resumed almost immediately.

Leno’s bill was cosponsored by Attorney General Kamala Harris, Equality California and the National Center for Lesbian Rights.

“Although there is no question that same-sex couples can marry in California, the discriminatory language that remains on the statutory books creates confusion about the rights of same-sex couples,” NCLR Executive Director Kate Kendell said in Leno’s news release. “This law makes it clear to everyone that same-sex couples can marry and that all spouses have the exact same rights and responsibilities under the law, regardless of gender.”

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Former Assemblyman Ira Ruskin dead at 70

By Josh Richman
Monday, July 7th, 2014 at 9:55 am in Assembly

Former Assemblyman Ira Ruskin, D-Redwood City, died Thursday. He was 70.

Ira RuskinRuskin served as a Redwood City councilman from 1995 to 2004, including a stint as mayor from 1999 to 2001. In 2004 he defeated Republican Steve Poizner to win the 21st Assembly District seat, despite Poizner having spent $5.75 million of his own money on the race.

As a councilman and Assemblyman, he made a name for himself in environmental affairs, and he chaired both the Assembly Committee on Environmental Safety and Toxic Materials as well as the Budget Subcommittee on Environmental Resources.

Term-limited out of the Assembly in 2010, he had planned to run for the state Senate in 2012 but instead withdrew from politics in 2011 when he had to undergo surgery for the brain tumor that eventually claimed his life.

“As a member of the Assembly and as Mayor and City Councilmember of Redwood City, Ira Ruskin was known as the consummate public servant. His loss is not only a loss for his family and many friends, but for the entire State of California,” Assembly Speaker Toni Atkins, D-San Diego, said in a statement issued Saturday.

“In the Assembly Ira Ruskin was a leader on consumer issues, energy independence and protecting our coast,” Atkins said. “The leadership, intelligence and compassion Ira Ruskin brought to public service will be sorely missed. My Assembly colleagues and I send our thoughts and prayers to his wife, Cheryl, and to all their family and friends.”

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CA17: Honda and Khanna battle for GOP votes

By Josh Richman
Saturday, July 5th, 2014 at 10:10 am in Mike Honda, U.S. House, Uncategorized

With two Democrats having survived the 17th Congressional District’s primary to advance to November’s general election, the battle is on for the district’s Republican hearts and minds.

Weeks after Jim Cunneen – the last Republican to represent Silicon Valley in Sacramento – endorsed Rep. Mike Honda, D-San Jose, for an eighth term, Republican former Rep. Ernie Konnyu has now cast his lot with Democratic challenger Ro Khanna.

Ernie Konnyu“I have been in touch with Ro and his staff and look forward to help unite Republican and independent voters who supported me in the western portion of the Congressional district with the thousands of voters already backing Ro Khanna,” Konnyu, 77, of San Jose, said in a statement issued Friday.

“My aim is to deliver to the House of Representatives a new bi-partisan Congressman from Silicon Valley ready to lead for jobs and greater Silicon Valley successes,” he said. “I trust that Ro will be good for America and great for Silicon Valley.”

Konnyu was a South Bay Assemblyman from 1980 to 1986, when he was elected to serve what was then the 12th Congressional District. He served only one House term, primaried out in 1988 by a more socially moderate Republican, Tom Campbell.

Honda finished first in last month’s primary with 48 percent of the vote, and Khanna – a former Obama administration official from Fremont – finished second with 28 percent. Republican Vanila Singh of Fremont got 17 percent and Joel VanLandingham of San Jose got 7 percent, and so they were eliminated.

Only 19 percent of the district’s voters are Republican while 44 percent are Democrats and 32 percent state no party preference, but that GOP fifth of the electorate could be a crucial bloc if either campaign can mobilize it. While many had assumed Republicans might favor Khanna – generally seen as being a smidgen to the right of the ultra-liberal Honda, or at least, more attuned to the tech sector’s needs – a poll in May found 19 percent of GOP voters favored Honda while 18 percent favored Khanna.

Singh sent a Fourth-of-July email to her supporters Friday saying that in recent weeks she has been “reaching out to voters, volunteers, and donors to keep this exciting and impressive movement that we have begun in motion! I am humbled by the endless amounts of phone calls I have been receiving both locally and nationally. This proves that we have laid the organizational foundation that will endure for those who share these ideals.”

“As we celebrate our independence today, I hope you can join me in preserving their vision by continuing to fight for our beloved country,” Singh wrote. “These next couple months are just the beginning of an inspirational movement and it is imperative that we keep a presence at this very pivotal time in our nation. I want you to remember that these campaigns are about the people – make sure your voice is loud this November!”

The message, however, made no mention of an endorsement.

Honda and Khanna appear to be equally matched in campaign money to spend from now to November. You can bet that some of that money will be spent wooing the Singh and VanLandingham voters who are now up for grabs.

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Poll: 92% of voters want gun background checks

By Josh Richman
Thursday, July 3rd, 2014 at 2:26 pm in gun control, Mike Thompson, U.S. House

Americans overwhelmingly support requiring background checks for all gun buyers – so long as you don’t call it “gun control,” according to a Quinnipiac University national poll released Thursday.

The poll of 1,446 registered voters nationwide found 92 percent support universal background checks with only 7 percent opposed; the poll, conducted June 24-30, has a 2.6-percentage point margin of error. Among gun owners, support for universal background checks is 92 percent; among Republicans, 86 percent; and among Democrats, 98 percent, the poll found.

Also, 89 percent of U.S. voters support laws to prevent people with mental illness from buying guns; 91 percent of gun owners support this idea.

Yet when asked if they support “stricter gun control laws,” 50 percent said yes and 47 percent said no.

“Americans are all in on stricter background checks on gun buyers and on keeping weapons out of the hands of the mentally ill,” said Tim Malloy, assistant director of the Quinnipiac University Poll. “But when it comes to ‘stricter gun control,’ three words which prompt a negative reflex, almost half of those surveyed say ‘hands off.’”

The U.S. Senate last year rejected an amendment that would have expanded background checks to online and gun-show sales. H.R. 1565, a similar, bipartisan House measure co-authored by Rep. Mike Thompson, D-Napa, has 188 cosponsors, but Republican House leaders have refused to put it to a vote.

Thompson issued a statement Thursday saying that “as a hunter, gun owner and supporter of the Second Amendment,” he’s proud to count himself among the 92 percent supporting universal background checks. He said it’s time that GOP House members heed that overwhelming call “and bring our bill up for a vote – because if the Republican Majority would allow a vote, my bill would pass.”

Dan Gross, president of the Brady Campaign to Prevent Gun Violence, said the new poll “reaffirms what we all already know.”

“It is almost unthinkable that, despite such overwhelming public support, Congress continues to put the interests of the corporate gun lobby ahead of the safety of the American people and will not even vote on expanding background checks to online sales and gun shows,” he said. “It is time we come together and hold the NRA lapdogs accountable for the lives that are being lost every day because of their despicable behavior.”

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Lawmakers urge Obama to consult them on Iraq

By Josh Richman
Thursday, July 3rd, 2014 at 10:27 am in Anna Eshoo, Barbara Lee, George Miller, Iraq, Jackie Speier, Jared Huffman, Mike Honda, Obama presidency, Sam Farr, U.S. House, Zoe Lofgren

Rep. Barbara Lee and a Virginia Republican have lead 78 other House members in urging President Obama to seek Congressional approval before taking any military action in Iraq.

Barbara Lee (Dec-2010)Lee, D-Oakland, and Rep. Scott Rigell, R-Va., last summer led independent letters calling on Obama to consult Congress before taking military action in Syria. Now they’ve joined together on a letter sent to the president Thursday.

“We do not believe intervention could be either quick or easy,” they wrote. “And we doubt it would be effective in meeting either humanitarian or strategic goals, and that it could very well be counter-productive.”

The lawmakers called for a political settlement involving all segments of the Iraqi population.

“As you consider options for U.S. intervention, we write to urge respect for the constitutional requirements for using force abroad,” they wrote. “The Constitution vests in Congress the power and responsibility to authorize offensive military action abroad. The use of military force in Iraq is something the Congress should fully debate and authorize.”

Besides Rigell, other Republicans signing the letter included Chris Gibson, R-N.Y.; John Duncan Jr., R-Tenn.; Walter Jones, R-N.C.; Reid Ribble, R-Wisc.; Justin Amash, R-Mich.; Matt Salmon, R-Ariz.;

Besides Lee, other Bay Area members signing the letter included Mike Honda, D-San Jose; Sam Farr, D-Santa Cruz; Zoe Lofgren, D-San Jose; Anna Eshoo, D-Palo Alto; Jackie Speier, D-San Mateo; George Miller, D-Martinez; and Jared Huffman, D-San Rafael.

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