Tag Archives: Sen. Dianne Feinstein

In & Out: Laphonza Butler sworn in to US Senate & Rep. Kevin McCarthy dumped as House speaker

[Note from BenIndy: Apologies for putting two major news updates in one post, but not only are these both important stories, they are also worthy of juxtaposition.]

Who is Laphonza Butler, the newest senator from California?

Laphonza Butler was sworn in Tuesday as a new U.S. senator representing California, replacing Sen. Dianne Feinstein, who died last week at the age of 90. Vice President Kamala Harris administered the oath of office at the ceremony in the U.S. Capitol.

Senate Majority Leader Chuck Schumer said afterwards that Feinstein is “looking down at this moment with pride now that her seat is in good hands.”President Biden called Butler to congratulate her, the White House said.

Butler, a Democrat, was sworn in less than 48 hours after California Gov. Gavin Newsom announced her appointment.

Butler tweeted on Monday that she was “honored” to accept Newsom’s appointment and said, “I am ready to serve.”She stepped down from her role as the president of EMILYs List, a Democratic group dedicated to electing women who support abortion rights, to accept the Senate appointment.In choosing Butler, Newsom kept a 2021 promise to appoint a Black woman to the role. Feinstein’s seat is up for reelection in 2024, and three prominent House Democrats — Reps. Katie Porter, Adam Schiff and Barbara Lee — have already announced they are running.Butler will also serve as the crucial 51st vote for Senate Democrats, who have a slim majority in the upper chamber and are defending several seats in red states in 2024.

Butler will only be the third Black woman to serve in the Senate. Carol Moseley Braun of Illinois was the first, serving from 1993 to 1999. Harris was the second, from 2017 until becoming vice president in 2021. Butler was as a senior adviser on Harris’ 2020 presidential campaign.

Butler is the second openly lesbian woman in the Senate, and the first Black lesbian woman in the Senate. She and her wife, Neneki, have a daughter named Nylah. Although Maryland voting records seen by CBS News show a Laphonza Butler of Silver Spring registered to vote in that state, Newsom’s office said Monday that Butler will re-register in California, where she owns a home, when she is sworn in.

Sen. Laphonza Butler, D-Calif., raises her right hand, with her wife Neneki Lee looking on, as Vice President Kamala Harris recites the oath during her ceremonial swearing-in in the Old Senate Chamber in Washington, D.C. on Oct. 3, 2023. | Bill Clark for CQ-Roll Call, Inc., via Getty Images.

What is Laphonza Butler’s professional background?

According to her biography from EMILYs List, Butler grew up in Magnolia, Mississippi, and attended Jackson State University, a historically Black university.

In an interview with Elle in 2021, Butler said that her family wasn’t the kind “that talked about elections or politics at the dinner table, but we were the family that talked about what it meant to be in service to others. What do we do to help somebody?”

In that same interview, she said that while she was working with the SEIU labor union, she was able to “connect it with the jobs my mom had.”

“There have been parallels in my career and what I knew my mom experienced as a worker herself,” Butler said. “I always felt like the work I’ve done has been my opportunity to continue my mom’s journey and to make those jobs better for the children of those workers.”

At the age of 30, Butler was elected the president of the biggest union in California, and the nation’s largest homecare workers union, SEIU Local 2015. She also served as SEIU International’s vice president and president of the SEIU California State Council.

Butler’s biography says she spent 20 years in the labor movement, including working on the campaign to raise the minimum hourly wage to $15 in California, the first state in the country to do so.

Butler was an adviser to Hillary Clinton’s 2016 presidential campaign.

In 2018, Butler and political consultants Ace Smith, Sean Clegg and Juan Rodriguez formed the political consulting firm SCRB Strategies. Rodriguez ran Harris’ primary 2020 campaign, with Butler as senior adviser.

After Harris left the race, Butler served as director of public policy and campaigns in North America for Airbnb.

Laphonza Butler speaks onstage at the Emily’s List 6th Annual Pre-Oscar Breakfast held at the Beverly Hills Hilton on March 7, 2023 in Beverly Hills, California. | Photo by Gilbert Flores for Variety via Getty Images.

What did Butler do with EMILYs List?

Until being appointed to the Senate, Butler served as the president of EMILYs List, the group that supports women in office who support abortion rights. She was the first woman of color to hold that position.

EMILYs List is fundraising juggernaut for Democrats, having raised nearly $68 million in the 2022 election cycle, according to OpenSecrets.

Butler told the news organization Capital B News in an interview in Feb. 2022 that after the 2016 election, “more than 60,000 women reached out to us from all over the country and wanted to offer themselves for public service.”

“From a tactical point, we have created online communities for them to connect with each other, we have offered online training and made it accessible no matter what community that person is reaching out to us from, we have made sure that we are working to expand the state and local work of EMILYs List,” she said.

EMILYs List issued a statement on Monday praising Butler as a “groundbreaking leader.”

According to the statement from Newsom’s office, Butler will step down from her role at EMILYs List when she joins the Senate.

Kevin McCarthy ousted as speaker in Republican-led House in historic vote

Politico, by Katherine Tully-McManus, September


    • The final vote was 216-210, with nearly all Democrats joining eight conservatives
    • Rep. Patrick McHenry is now the acting speaker. He has all the powers of an elected speaker of the House and was hand-picked by McCarthy as speaker pro tempore in January.

McCarthy out as speaker

For the first time in history, the House has deposed its speaker.

Democrats joined with Rep. Matt Gaetz (R-Fla.) and his small group of conservative allies to vote to strip Kevin McCarthy of his gavel Tuesday. It’s unclear who would succeed McCarthy long term, though his allies expect he will try to run for speaker again and members pledged to continue supporting him.

“We’re perfectly happy to drag this out as long as it takes,” said Rep. David Valadao (R-Calif.), a McCarthy ally. “We’re all going to be there for the speaker as long as he wants us to be.”

“I’ll continue to support Kevin McCarthy as long as he’s running,” echoed Rep. Kevin Hern (R-Okla.)

The House clerk announced Rep. Patrick McHenry (R-N.C.) would act as a temporary speaker immediately after the vote concluded. McHenry was selected from a secret list of McCarthy’s hand-picked successors. The Californian’s ally will have all the authority of a regularly elected speaker. There are several questions surrounding that acting speaker, as House rules don’t specifically lay out how soon a new speaker ballot would need to occur.

Eight Republicans voted against McCarthy: Reps. Eli Crane (Ariz.), Ken Buck (Colo.), Andy Biggs (Ariz.), Matt Rosendale (Mont.), Matt Gaetz (Fla.), Bob Good (Va.), Nancy Mace (S.C.) and Tim Burchett (Tenn.).

Three House leaders have been floated as potential long-term replacements: Majority Leader Steve Scalise (R-La.), Whip Tom Emmer (R-Minn.) and Conference Chair Elise Stefanik (R-N.Y.). All three have disavowed any interest in replacing McCarthy — a reality that could change now that the Californian is officially out.

McCarthy’s long-running troubles with his right flank became a full-fledged rebellion in recent days after he called up a stopgap spending patch on Saturday that averted a shutdown without imposing any of the spending cuts or conservative border policies that he’d vowed to push. More Democrats than Republicans voted for that short-term spending bill, essentially guaranteeing the conservative pushback against the speaker.

The last time the House moved to try to evict a speaker was 1910, and the move has never before succeeded.

Did lack of oversight lead to Santa Barbara spill?

Repost from the San Francisco Chronicle
[Benicia Independent Editor: This analysis of a pipeline failure might also shed some light on the lack of adequate State and Federal oversight of crude by rail.  No PHMSA administrator for 7 months?!  Only 3 state inspectors!?  Information not shared with first responders at the County level!?  Gosh … where have we heard this before?  – RS]

EDITORIAL: Did lack of oversight lead to Santa Barbara spill?

San Francisco Chronicle, May 31, 2015

All-too-familiar images of picture-postcard California beaches befouled with crude last month revealed that regulatory oversight is sadly lacking. But whom to blame? The accountable parties are missing in action.

First missing party: The federal Pipeline and Hazardous Material Safety Administration has been without an administrator for more than 210 days, thus exceeding the legal limit for an acting director to serve. The May 19 rupture of the Plains All American Pipeline at Refugio and El Capitan state beaches in Santa Barbara County heightened concerns the federal regulators weren’t protecting the public safety or sensitive lands.

On Thursday, Sens. Dianne Feinstein and Barbara Boxer, both Democrats, sent a letter to the pipeline administration, declaring the Santa Barbara oil spill response “insufficient,” and giving the agency two weeks to answer questions about spill response plans, legal authority to require automatic shutoff valves, and cleanup and response efforts that ignored local knowledge and expertise. On Friday, the Obama administration announced it had a nominee, lawyer Marie Therese Dominguez, for the pipeline administrator’s job.

Second missing party: Oil transport and spill oversight in California is overseen by the Office of the State Fire Marshal, but there are only three full-time inspectors. Inspectors would leave for higher paying industry jobs as soon as the state trained them. In 2012, the fire marshal requested the authority to pay inspectors more — inspectors are paid out of a state account funded with fees paid by the oil companies — but the Legislature said no, and state oil transport oversight was ceded to the federal agency in 2013.

Third missing party: Santa Barbara County had an agreement with the pipeline owner that was overridden by federal law. Pipeline operators must file oil spill response plans with the federal agency, but due to terrorism concerns, they aren’t available to the public (including first responders who would have needed local knowledge).

Clear lines of oversight, more inspectors, and a requirement to update spill response plans would help build trust with communities over transport of this necessary energy resource.

Positive Train Control – background, progress, funding

Repost from the Miami Herald

Rail safety technology improvements delayed by cost, complexity

Curtis Tate, McClatchy Washington Bureau, May 14, 2015
Emergency personnel work at the scene of the deadly Amtrak train wreck Wednesday in Philadelphia. Federal investigators are trying to determine why the Amtrak train jumped the tracks in a wreck that killed eight people and injured dozens. Patrick Semansky – AP

Most of the nation’s railroads will not meet a Dec. 31 deadline for installing collision-avoidance technology that could have prevented Tuesday’s deadly Amtrak crash in Philadelphia.

Congress in 2008 required that railroads install positive train control by the end of this year, and although the rail industry has made progress on the $9 billion system, equipping 60,000 miles of track and 22,500 locomotives with the technology has proved to be complicated.

The technology has to work across not only the seven largest freight railroads but also 20 commuter railroads, Amtrak and dozens of smaller carriers. It requires 36,000 wireless devices that relay information to train crews and dispatchers from signals and track switches.

It also must work in densely populated regions where multiple rail lines intersect and are heavy with passenger and freight traffic, such as Chicago, Southern California, New York and New Jersey.

“Each of these systems has to be able to talk to each other,” said Ed Hamberger, the president and CEO of the Association of American Railroads, an industry group.

Even lawmakers who months ago wanted to hold the industry to the 2015 deadline have softened their position in recognition that the system simply won’t be ready.

Hamberger told reporters Thursday that the industry needs another three years just to get the equipment installed, and two more to make sure it works. Of the 60,000 miles of track where the system is required, he said only 8,200 miles would be ready by year’s end.

A bill approved by the Senate Commerce Committee in March would give railroads until 2020 to complete the task. But Sen. Dianne Feinstein, D-Calif., who wrote the legislation that contained the 2015 deadline, said a five-year blanket extension was not the answer.

“In my view, that is an extremely reckless policy,” she said in a statement Thursday. Feinstein has introduced a bill that would extend the deadline on a case-by-case basis.

The technology was not in place at the site of Tuesday’s derailment, on Amtrak’s Northeast Corridor, the busiest passenger railroad in the country. The National Transportation Safety Board said Wednesday that positive train control would have prevented Train 188 from approaching a 50 mph curve at more than 106 mph.

Eight people were killed and more than 200 were injured. It was Amtrak’s first fatal accident on the Northeast Corridor since a January 1987 crash that killed 16 people. In that instance, positive train control could have stopped a freight locomotive from running past a stop signal into the path of the Amtrak train.

The NTSB has recommended positive train control for decades. In January, the board included the technology on its “Most Wanted” list of safety improvements. It did not endorse giving railroads an extension beyond December.

Amtrak actually may finish its installation of the system on the entire 457-mile passenger rail corridor between Washington and Boston ahead of most railroads.

“We will complete this by the end of the year,” Amtrak President and CEO Joe Boardman said Thursday at a news conference in Philadelphia.

The rail industry supports the Senate bill that would give the companies a five-year deadline extension, and even some of the industry’s toughest critics in Congress are prepared to give it more time.

According to the Federal Railroad Administration, freight hauler BNSF and Metrolink, a commuter railroad in Southern California, are positioned to meet the original deadline.

An August 2008 collision near Chatsworth, Calif., prompted Congress to pass the Rail Safety Improvement Act requiring positive train control. Twenty-five people were killed when a Metrolink commuter train ran past a stop signal and into the path of a Union Pacific freight. According to the NTSB accident report, the Metrolink engineer, who was among those killed, was texting just before the crash.

Another fatal crash, on New York’s Metro North commuter railroad in December 2013, renewed calls for positive train control. Four people were killed when a New York-bound train jumped the tracks in the Bronx. The train was traveling 80 mph when it hit a 30 mph curve.

Positive train control is designed to prevent a train from running a red signal or approaching a slow curve too fast. Accident investigators don’t yet know why Train 188 was going more than twice the appropriate speed when it derailed in Northeast Philadelphia, but they do know the accident was preventable.

“The Amtrak disaster shows why we must install positive train control technology as soon as possible,” Sen. Barbara Boxer, D-Calif., said in a statement Thursday.

One thing Congress did not do when it required railroads to install the system was give them any money to do it. When asked Thursday how much the government had contributed to the freight railroads to assist with positive train control, Hamberger, of the Association of American Railroads, replied, “Zero.”

President Barack Obama’s fiscal 2016 budget includes $825 million to help commuter railroads install the technology. The president’s 2009 economic stimulus provided $64 million to Amtrak for its installation. But that wasn’t enough, the railroad said in a report justifying its 2014 budget request.

Overall, Amtrak has spent $110.7 million since 2008 to install positive train control.

“Additional funding to fully comply with PTC requirements is necessary,” Amtrak said.

Richard Harnish, the president of the Midwest High Speed Rail Association, a group that advocates for passenger rail improvements, said in a statement Thursday that positive train control was delayed because Congress gave railroads an unfunded mandate.

“Congress needs to invest in the safety of our transportation system,” he said.

Senator Cantwell: “The new DOT rule is just like saying let the oil trains roll. It does nothing…”

Senator Cantwell Press Release
[Editor:  For the full text of the 395-page rule, see http://www.dot.gov/sites/dot.gov/files/docs/final-rule-flammable-liquids-by-rail_0.pdf.  – RS]

Cantwell Statement on DOT Crude-by-Rail Safety Rules

May 1, 2015

WASHINGTON, D.C. – Today, U.S. Senator Maria Cantwell (D-WA) issued the following statement on the U.S. Department of Transportation’s new rules governing the safety of oil train tank cars.

“The new DOT rule is just like saying let the oil trains roll. It does nothing to address explosive volatility, very little to reduce the threat of rail car punctures, and is too slow on the removal of the most dangerous cars. It’s more of a status quo rule than the real safety changes needed to protect the public and first responders.”

In March following four fiery derailments involving oil trains, Cantwell introduced the Crude-By-Rail Safety Act of 2015 with Senators Patty Murray (D-WA), Tammy Baldwin (D-WI), Dianne Feinstein (D-CA), and Jeff Merkley (D-OR). The legislation requires the Pipeline and Hazardous Materials Safety Administration (PHMSA) to establish new regulations to mitigate the volatility of gases in crude oil shipped via tank car. It also would immediately halt the use of older-model tank cars at high risk for puncturing and catching fire in derailments, as well approving $40 million for first responder training programs to improve emergency response procedures.