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To ensure the two senators support the spending package, progressives are using the bipartisan bill as leverage: In order to pass one, Democrats need to get on board with passing the other as well. Tying the two votes together is also a way to prevent moderate lawmakers from whittling down the spending bill even further. The sooner moderates agree to the latest spending proposal numbers, the sooner they’ll get their vote on infrastructure.

“Congress needs to finish the job and bring both bills to a vote together,” the Congressional Progressive Caucus wrote in a statement explaining their stance. “There is too much at stake for working families and our communities to settle for something that can be later misunderstood, amended, or abandoned altogether.”

Progressive pressure on Thursday secured an infrastructure vote delay, which marked a win for them. It also followed a loss: The latest version of the spending bill, which progressives have announced they’d accept, includes some serious cuts. The plan, released by the White House Thursday, doesn’t include many of their key priorities, including paid family leave and Medicare’s ability to negotiate prescription drug prices.

Despite this, they appear to have now decided to take what they can. They want Manchin and Sinema to do the same and hope to use what leverage they have into making sure they do so.

What progressives hope to gain in the next week

Progressives called for the infrastructure vote delay for two reasons: They wanted specifics about the text of the social spending legislation, and they wanted direct assurances from Manchin and Sinema that they’d vote to pass the social spending bill.

A core issue at play is a lack of trust: Because of how many cuts Manchin and Sinema have already demanded to key Democratic priorities (including reducing prescription drug prices, increases to the corporate tax rate, and eliminating the Clean Energy Performance Program), progressives are wary of their support for the Biden framework. Additionally, neither senator has publicly said they support the framework. That has progressives concerned since Democrats have approved a budget resolution framework before only to have the legislation itself stall.

“I don’t owe them my trust, and they don’t owe me theirs,” Rep. Cori Bush (D-MO) said in an MSNBC interview. “Let us see the vote. … That’s how we know where you stand.”

Progressives’ concerns weren’t assuaged after the release of President Joe Biden’s $1.75 trillion framework for the legislation. While the CPC publicly endorsed the measure in principle, both Manchin and Sinema issued positive statements about negotiations without any concrete commitments.

“As we work through the text of the legislation, I would hope all of us will continue to deal in good faith and do what is right for the future of the American people,” Manchin said in a statement.

“I look forward to getting this done, expanding economic opportunities and helping everyday families get ahead,” Sinema said in a separate statement.

I’ve lost count of how many interactions with reporters that Sen. Manchin has had today. His unwillingness to just come out and say he supports a WH framework - that was negotiated more directly with him than probably any other lawmaker - seems notable.

— Garrett Haake (@GarrettHaake) October 28, 2021

Progressives want a guarantee that all Democratic senators are actually on board with this bill, and that Manchin or Sinema won’t blow up the framework. They’ve already seen this process play out once: Democrats in both the House and the Senate passed a $3.5 trillion budget resolution, but both moderates balked at moving forward with that price tag and many of its components.

“We need to have certainty, either through legislative text, through … agreements … that we can trust,” Rep. Alexandria Ocasio-Cortez (D-NY) told reporters Thursday.

The caucus’s demand for legislative text has led to results. In an effort to convince progressives to consider a vote on the bipartisan infrastructure bill, the House Rules Committee released 1,700 pages of tentative text on Thursday. That text didn’t wind up being enough for a vote because, as with the framework, Manchin and Sinema have yet to agree to it.

Jayapal noted Thursday that progressives would support adding policies back into the legislation that were stripped out of Biden’s framework, like paid family leave and Medicare expansion provisions. She said, however, that progressive support for the framework was not contingent on these additions and that they stood behind the endorsement they’ve made.

Progressives won and lost this week

Thursday marked the second time progressives successfully blocked a vote on infrastructure over concerns about the spending bill. This time, they faced increased pressure from congressional leaders to reverse their position, in order to send Biden off to his coming G20 climate meetings with a legislative win to tout.

But the caucus held firm.

Originally, progressives had identified five broad areas where they wanted investments: the care economy, affordable housing, climate jobs, a pathway to citizenship for DACA recipients, and reductions to prescription drug prices. The original $3.5 trillion version of the spending bill included many of these issues, but because of Manchin’s and Sinema’s concerns, multiple areas were significantly cut back or dropped entirely.

Biden’s new $1.75 trillion framework ultimately invests heavily in early childhood education and climate but does not include a major provision to help reduce prescription drug prices, a pathway to citizenship for DACA recipients, or paid family leave.

And areas that survived cuts still saw dramatic reductions in spending. For example, Democrats’ original budget measure contained $450 billion for long-term home care and $332 billion for affordable housing. Biden’s framework, meanwhile, includes $150 billion for the former and $150 billion for the latter.

Sinema has opposed enabling Medicare to negotiate prescription drug prices, likely killing it. A pathway to citizenship for DACA recipients also isn’t expected to make it into the legislation because of the rules governing the budget reconciliation process and the Senate parliamentarian’s existing ruling advising against its inclusion. And paid family leave has run into opposition from Manchin, who’s worried that the policy would be too burdensome for businesses.

Biden’s framework still has about $100 billion allocated for immigration reform, though it’s unclear whether it will make it past this procedural hurdle. Democrats’ latest pitch to the parliamentarian will focus on issues like the legal visa backlog and a shield from deportation for some unauthorized immigrants, the New York Times reports. Lawmakers are also still finagling some of the details for the bill, leaving the door open for the possible return of some policies.

Progressives back the framework even with the existing omissions. In its current state, it includes several of their demands on child care subsidies, funding for clean energy tax credits, and a Civilian Climate Corps. Additionally, they argue that the talks on the bill wouldn’t have even happened without the pressure they’ve put on Democratic leadership and moderate lawmakers.

“The reality is that while talks around the infrastructure bill lasted months in the Senate, there has only been serious discussion around the specifics of the larger Build Back Better Act in recent weeks, thanks to the Progressive Caucus holding the line and putting both parts of the agenda back on the table,” the CPC said.

Although they are standing their ground on legislation timing, they appear willing to accept the policy concessions that have already been made. “We wanted a $3.5 trillion package, but we understand the reality of the situation,” said Jayapal.

  1. Newsom (2021), one of the Court’s two recent decisions granting places of worship an exemption from certain public health rules, Gorsuch claims that a law is constitutionally suspect “if it treats ‘any comparable secular activity more favorably than religious exercise.’”

    Thus, under Gorsuch’s approach, the state must exempt religious objectors because it has a single exemption — again, for people who could suffer serious health consequences if they receive the vaccine.

    Had Gorsuch’s approach prevailed, it’s likely that religious objectors would be exempted from nearly any law. Speed limits, for example, typically exempt police, ambulances, and other emergency vehicles responding to an emergency. Even laws banning homicide typically contain exemptions for self-defense. (Although, in fairness, Gorsuch concedes that a religious exemption is inappropriate when the “challenged law serves a compelling interest and represents the least restrictive means for doing so.” So Gorsuch probably would not allow religiously motivated murder.)

    In any event, Gorsuch’s view did not prevail — though it is far from clear that it will not receive five votes in a future case. Though Justice Barrett joined a majority of the Court in allowing Maine’s vaccine mandate to take effect, her opinion (which is joined by Justice Brett Kavanaugh) clarifies that she did so on exceedingly narrow grounds.

    Essentially, Barrett argues that the Supreme Court has discretion to decide which cases it wants to hear. And her opinion suggests that she would exercise her discretion to not hear this particular case.

    That’s consistent with an approach she laid out in a 2017 essay, where she argued that Supreme Court justices who encounter an argument that they think is legally valid but that would lead to disastrous results should exercise their discretion not to hear a case raising that argument.

    For now, at least, the bottom line is that Maine’s vaccine mandate is in effect. Public-facing health care workers will need to receive the Covid-19 vaccine unless they have a medical excuse.

    Again, it’s not a huge loss for the religious right. But the decision in Does suggests that there is, at least, some limit to the Court’s willingness to carve out legal exemptions for religious conservatives.

The full Vox Book Club schedule for November 2021

Friday, November 19: Discussion post on Such a Fun Age published to Vox.com

Tuesday, November 30, 5 pm Eastern: Virtual live event with author Kiley Reid. RSVP here. Reader questions are encouraged!

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