Legal Commentary

3rd And Long

By Big Tent Democrat

It's 3rd and long for the Democrats and some are already planning the 4th down play, punt:

With the enemy at the gates, and facing heavy casualties, Democrats in Congress are preparing to do what any beleaguered army does: head for the hills and leave booby-traps behind. The bigger the margin Republicans pile up next Tuesday, the less likely it is that the Democrats will be able to - or want to - do much when Congress reconvenes for a lame-duck session on November 15.

[. . .] Come January, the new Tea Party-infused GOP then would have to quickly confront the real-world consequences of its tax-cutting, budget-cutting, debt-reducing, anti-government rhetoric. "Some of our liberals are arguing that we have to do what we can in the lame-duck if it's going to be our last chance, but that is unrealistic if the numbers next week are bad," a top Democratic aide told me. "If we lose big, we'll punt. We'll have to."

Sounds like a Steny Hoyer aide to me. And I think he's right. Nothing worth doing will come out of the lame duck Congress and anything good that is done will redound to the credit of a GOP Congress. I think a mostly do nothing lame duck session (other than extending unemployment benefits) sounds like the right approach. Of course they can't say that publically. And I think a lot of hearings on the foreclosure crisis would be smart too. But no legislation, other than extending unemployment benefits.

Speaking for me only

Full post as published by TalkLeft on October 28, 2010 (boomark / email).