LyrArc Article Gist
A critical part of the Affordable Care Act is the setup of marketplaces or exchanges to let people without insurance buy individual health plans. Some states setup their own exchanges, and some states let the federal government step in and run them. To help the lower middle class and poor the Act provides health subsidies to buy insurance in the exchanges, and 85% of customers in the exchanges qualify for this benefit. The U.S. Supreme Court voted 6-3 in 2015, compared to a tight vote in 2012 on the Affordable Care Act, to maintain the health subsidies. Justice Roberts wrote the majority opinion, saying "Congress passed the Affordable Care Act to improve health insurance markets, not destroy them." Justice Scalia dissented calling it "interpretive jiggery-pokery." Justices Clarence Thomas and Samuel Alito Jr. dissented. Voting in favor were Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, Elena Kagan, Justice Kennedy dissented in the 2000 case. The challengers petition to the courts was based on a reading of phrases in the Affordable Act which had not occurred to the writers of the law. The reading suggests only people enrolled in state setup exchanges are eligible for subsidies. If the Supreme Court ruled in favor of the plaintiffs the 6.4 million Americans who are enrolled in the federal exchanges would lose the subsidies provided under the law and lose health insurance. And the economic foundations of the Affordable Act would be undermined with insurance companies required to provide insurance to all regardless of pre-existing conditions and subsidies removed, leaving the companies with sicker pool of customers resulting in destabilizing the exchanges and higher premiums. The court ruled in favor of an interpretation that is compatible with the whole law and the intentions of the statute to help the middle class and the poor buy health insurance. The chaos in the insurance markets that would result in going with the plaintiffs because of a careless writing of a phrase, was uppermost in the majority's mind. Chief Justice Roberts emphasized this, saying- "The statutory scheme compels us to reject petitioners' interpretation, because it would destabilize the individual insurance market in any state with a federal exchange and likely create the very 'death spirals' that Congress designed the act to avoid." This case originated with 4 plaintiffs from Virginia who challenged the IRS regulation that said subsidies were allowed regardless of whether the exchanges were run by the state or the federal government, arguing that this was at odds with the particular phrase in the law that was ambiguous about federal exchanges eligibility for health subsidies. Judge Roger Gregory of the Fourth Circuit Court of Appeals in Richmond, Virgina, ruled that the phrase was indeed ambiguous, but the IRS was owed deference in its opinion. Chief Justice Roberts made it clear that this was not a case for the IRS, saying "it is instead our task to determine the correct reading." ...

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The Treasury and Fed's handling of the financial markets crisis on Tuesday, Wednesday, Thursday and Friday as it unfolded Sept 17, 18, 19 and 20, the worst since the 1930's. With the credit markets battered, the collapse of Lehman Brothers investment bank and the rescue of AIG right on the heels of the rescue of Fannie and Freddie the previous week, and all these moves barely improving the general loss of confidence and increasing fragility of the financial markets worldwide. Steps like the ban on short selling by the SEC to stem two 400 point declines in the last few days, and the Fed setting aside $50 billion to shore up money market funds by making them whole where needed, and providing about $200 billion through the European Central Bank and the central banks of Japan, Britain, Canada and Switzerland, were tactical moves so Paulson and Bernanke had to address the real problem of removing the highly illiquid assets of risky mortgages from the financial markets. This would require working with Congress to put together the necessary legislation which is what Congress, Treasury, the Fed, and others will work on this weekend of September 21, 22, so that the legislation could be drawn up the following week and passes into law creaing some Federal agency that will buy up the illliquid mortgage assets owned by banks, investment banks, and other financial institutions before there is another series of collapses in the financial markets necessitating rescues by the Fed. Meantime Treasury has raised another $200 billion last week through sale of Treasurys and provided this money to the Fed to use as needed. The result of the most recent chaos in the financial markets has resulted finally in agreement among all parties about the need for committing taxpayer money in hundreds of billions of dollars to be used to buy up the risky illiquid mortgage assets at steep discounts to be resold later to bargain seeking companies so that the banking sector can repair their balance sheets and recover, as being much safer and less costly route than the cost of rescuing financial firms with systemic risk on an individual basis after a run on these firms or their imminent collapse. Which is why people like Laurence Meyer of Macroeconomic Advisors himself a former senior Fed official believe that this is the first serious effort to tackle the crisis by getting to the root cause of the problem and removing the illiquid mortgage assets and the Government an taxpayers spending the hundreds of billions of dollars but at the same time finally seriously tackling the crisis in a manner that will restore confidence to the markets and to the industrial economy of the USA. His comment, "the markets voted and they liked the proposal", as the Dow Jones went up 610 points at one point and ended up the day Thursday September 19 at 410 points gain for the day....

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U.S. Federal Reserve chairman Bernanke, says the Fed will keep interest rates low till unemployment reaches 6.5%, as long as inflation remains at about 2%. If unemployment reaches 6.5%, and this is because more people are dropping out of the labor market, he will take this into account. If unemployment stays high the Fed indicated in its statement that it would tolerate a higher inflation of 2.5%, as long as the longer term outlook was for inflation to be at 2%. Bernanke said this doesn't mean monetary policy is on autopilot, because the Fed will watch conditions carefully and will leave room for flexibility- keeping an eye out for new asset bubbles that could develop, and monitoring labor market conditions and inflationary pressures and inflation expectations. If inflation falls well below 2%, or unemployment rate falls mainly because of people dropping out of the labor market, the Fed may continue to keep interest rates low. This policy was announced as U.S. fiscal cliff deficit negotiations continued in Dec. 2012 with one scenario being considered by both political parties being going over the Jan. 1 deadline before coming to an agreement. Bernanke pointed to this, saying "this is a major risk factor right now." The Fed's activist policy in economic policy has given financial markets and business a measure of stability not provided by government and Congress. Fed policy is to buy $40 billion of mortgage securities, and $45 billion of long term Treasury securities for each month in 2013. It will fund the purchases by adding reserves to the banking system, which is to say that it will print money to buy more bonds. This is a major decision by the Fed in that the Fed has shied away from unemployment targets in the past. Bernanke described this action as a new"automatic stabilizer" in the U.S. financial system- if unemployment rises investors know this pushes the Fed's interest rate increases further down the road and would drive interest rates down, if unemployment drops sooner than expected, investors anticipating Fed's rate increases would drive long term interest rates up, to keep stable growth....

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The Fed's own files, data from 21,000 Fed transactions over 2007-2010, are revealed in a kind of Wikileaks release. The data is available because of a transparency provision in the Dodd-Frank bill introduced by Vermont Senator Bernie Sanders. This editorial in the Wall Street Journal shows that banks on Wall Street received much more help than advertised. Goldman Sachs is shown to have used the Primary Dealer Credit Facility 212 times for an amount of nearly $600 billion. Morgan Stanley is shown to have used the overnight Fed lending program 212 times from March 2008 to March 2009. The Wall Street Journal editorial concludes that this makes it impossible for someone to argue that either bank would have survived the financial storm without the Fed's help. The same is true for General Electric. GE tapped the Fed's Commercial Paper Funding Facility 12 times for more than $15 billion And with the help of the FDIC's debt guarantee program GE sold $60 billion of government guaranteed debt. GE and Citicorp are shown to be the heaviest users of that program from November 2008 to Juy 2009. The overwhelming lesson, says this editorial, is to ensure that there is no repeat of this kind of situation. And the new Congress needs to tighten the too-big-to-fail criteria....

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BP is by far the oil company most concentrated in deep water oil exploration. So it is coming up for criticism in the industry for not having prepared better for a subsea oil leak at this depth. Talking with journalists BP's President Tony Hayward acknowledged this failure to "prepare for an emergency of this kind. " BP appears to observers to be trying to create the technology to deal with the leak on the go, and Hayward accepted this criticism by saying BP should have done things differently and had the capability to act instantly. Hayward went through two days of hearings in Congress, and the exchange of blame between Transocean Ltd, the Swiss based company that owned and operated Deepwater Horizon, and Halliburton which provided services for the rig, and BP, only worsened its image. Testimony showed that company managers at BP decided to go ahead with finishing work on Deepwater Horizon well even though tests showed highly combustible gas had seeped into it. The failure of a massive effort at its Houston offices to have much to show for results, only demonstrates that poor quality systems and maintenance cannot be corrected easily no matter what the scale of the effort. The publicity surrounding BP's handing out contracts to potential claimants to seal off future claims has not helped....

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Not much in any meaningful way is being done so far for homeowners facing loss of their homes. The bailout plan has wording that encourages the government to help but no concrete measures beyond that. At this point loan modifications by banks are doing little meaningful to help homeowners. Some critical measures of what is happening. According to Sheila Barr of FDIC troubled loan portfolios have yielded about 32% of book value compared with 87% for loans in which the borrower is current, in her statement in Congress. But with fear gripping the credit markets the banks are reluctant to take any immediate losses by writing down principal balances unless the government steps in, because their capital is under huge strain and some banks are going under. Deutsche Bank estimates 40% of homeowners or about 20 million households will owe more than their home is worth by the time the housing market stabilizes. This suggests he scale of the problem as Martin Ferldstein pointed out in the WSJ someof these homeowners may simply walk away from their home as a rational decision. It also suggests how this combined with rising unemployment could lead to significant drops in consumption spending making the situation in the economy much worse, and allowing rising unemployment to play an additional role in increasing home foreclosures for the first time....

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US president Biden's $2 trillion Families and Workers plan, for early childhood education, paid leave, healthcare and climate change investment, is coming up for a vote in Congress. Paid leave that also includes maternity leave and leave that would help women return to the workforce, has been added back to the bill. Community college aid was earlier removed from the package with resistance from private colleges that expect to lose tuition paying students, even though male students are falling dangerously behind in attending college without government support. The Biden administration is facing resistance from just a couple of Democratic Congressmen- about five led by a Congressman from New Jersey, and 2 Senators from Arizona and West Virginia- on community college government aid that helps young American men and women from the working class and on paid leave that helps women. Many Republicans have supported taking this action for renewal of America on serious issues that face the country, making it likely that these issues will only become more pressing in the next three years. Sometimes as is happening today some isolated or eccentric situations can block major legislation for the good of the country such as the makeup of a Congressional seat in New Jersey with large pockets of conservative Republicans who oppose spending, and conservative instincts of two Democratic senators from Arizona and West Virginia. This WSJ report looks at Biden's position that deterrence when filing tax returns will generate close to $400 billion and not $150 billion that the Congressional Budget Office says is its estimate. To accomplish this Biden plans to spend $80 billon in large investments to increase the resources of America's tax collecting agency. Much of this was never done and policies geared to where large corporations never paid their fair share of taxes. The first step was to prevent outshoring of headquarters to reduce taxes- and this was achieved in the first year of the Biden Administration with over 100 countries agreeing on a corporate minimium tax. In the same way president Biden now seeks to correct other flaws in the tax system so that much needed investments can be made by generating new revenue not just in infrastructure, but for renewal of America through renewal of support for women, children, and America's working classes. Much of that was badly neglected by different  administrations over the last three decades.     ...

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President Trump announces the U.S. withdrawal from the Iran Nuclear Agreement of 2015 signed by president Obama. He calls it a bad deal and "a one sided agreement, that "didn't bring, calm, didn't bring peace, and never will." Since the signing of the agreement the conflicts in the Middle East have increased and relations between the U.S. and Iran have deteriorated under the Trump administration. During the election campaign candidate Trump and Republicans had criticized the deal and deal never gained Republican support. It was also not initially supported by France which called for stronger safeguards on nuclear weapons development. The appointment of John Bolton as National Security Adviser, and Mike Pompeo as the new Secretary of State, who were strong critics of the Iran nuclear deal also influenced president Trump. He was also influenced say aides by the success of his policy with North Korea of imposing strong bargaining pressure with tough sanctions on North Korea including Chinese sanctions, which led to the talks between North and South Korean presidents and the planned Trump meeting with Kim Jong-Un of North Korea. Iran's president Rouhani says Iran will stay with the agreement as the EU countries Germany, France plan to support the agreement. This could also leave an opening for future talks with Iran on a new peace agreement as  president Trump talked about Iranian people deserving a better deal at the end of his 11 minute announcement. As Stephens points out in a op-ed in the NYT Iran's economy needs the removal of sanctions so that focus could shift to economic development, as the lifting of sanctions have yet to result in increasing living standards and building infrastructure neglected during the sanctions years. ...

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Xie Xurenreplaces Jin as Finance Minister. Jin was 2 years from retirement and had merely maintained the status quo. With the global financial crisis in 2007 the Chinese government brings in Xie who at one time headed the Agricultural Bank of China. More appointments are expected by the Party National Congress by Oct 15, 2007.

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Gerlad Seib points out that one should look less at what president Trump accomplished in the first 100 days and more at how he operated and learned during this initial period. This is certainly true because much of what happened in the first 100 days contradicts some of the tone that Trump setup during the campaign. When it comes to governing Trump has made an effort to learn and adapt and show resilience in the face of early setbacks on the travel ban and the health care bill, the Flynn episode. After this early period Trump took on a more disciplined approach, gave more room to and listened to more respected advisors- Tillerson on foreign affairs in shaping policy with Russia leading to Tillerson's presence at Lucca massacre memorial in Italy sending a clear signal about U.S. policies in line with its role in the past century in world affairs, Gary Cohn and Ross on economic policy and seeking Cohn's advice on tax plan, Ross's on NAFTA negotiations with Mexico. As a result the NAFTA fears were calmed down with statements by Wilbur Ross, the Commerce Secretary, that the goal was a win-win relationship with Mexico. Trump worked with his party in Congress to have the Supreme Court nomination of Gorsuch approved. Meetings with Merkel of Germany and Jinping of China were carefully planned and new relationships established as Seib points out, without ruffling trade relations. The appointment of Robert Lighthizer, as Trade Representative, also shows that efforts to give the U.S. a more level playing field in trade will be resolutely pursued in the win-win context. Lyrarc has profiled Lighthizer earlier in this decade after his op-eds in the media as he correctly anticipated the changing public mood on the need for fairness in trade relations. On relations with China and South Korea, Jim Mattis has taken the lead, and Pence's visit to South Korea also show deftness in handling what is one of the most difficult issues in foreign affairs. Mattis and Tillerson also have helped reinforce the Republican party policies on NATO and Europe, with the visit of NATO secretary general Stoltenberg to the White House. In the end it is how much you can learn in the first year, how much you listen, and the courage to act in difficult situations, the willingness to act contrary to one's instincts and self interest where necessary, that matters. This is especially true in an environment where as Seib points out the Democratic Party stands opposed to the Trump administration following a bitter election campaign.   ...

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Haberman and Thrush of the NYT provide an account of what happened at the White House when U.S. president Trump met privately with Chuck Schumer and Nancy Pelosi to work out a deal on the Dreamers, or Deferred Action for Childhood Arrivals, called DACA, that under president Obama allowed 800,000 young immigrants to stay in the country. President Trump had earlier said he would reverse DACA. DACA was setup under an executive order by president Obama in 2012 to allow immigrant children brought in under the age of 16 to stay in the country, with maximum age 30. In 2014 a second executive order by president Obama expanded this to include children under the age of 18, with no maximum age. Both executive orders were opposed by Republicans. In the meeting Chuck Schumer answered Trump's question on delaying or changing Trump's mind on DACA, "what's in it for me?"  Schumer said Democrats would work with Trump on new legislation on border security, but not on funding for a border wall. Trump agreed to work on a deal, including no deportations for a six month period. After different back and forth in the media, typical of the politics in immigration issues, the president says he is ready to work out a deal on DACA, if the Democrats work with him on toughening border security. Both Democrats and Republicans in Congress now agree that steps have to be taken on border security in stages. ...

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Republicans hold a lead over Democrats on foreign policy and managing the economy. An anti-incumbency mood favors Republicans with more Democrats up for re-election. Healthcare is not a major issue in the election. Women voters continue to provide significant support to Democrats.

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Under the law overturned by the US Supreme Court it was illegal to carry a gun openly and a permit was needed in New York to carry it concealed. Three Supreme Court Justices appointed by president Trump were of a disposition that opposed gun control laws- Gorsuch, Kavanaugh, and Barrett. The requirement under the New York law was that you had to show "good moral character" and "cause" to carry a concealed weapon or carry a gun openly. Many other states have such laws in California, Hawaii and urban states in the north east. Republican states are loosening gun control laws. This comes as many random shooting incidents are taking place in the US some in schools and grocery stores, the most recent being a shooting in Buffalo, NY. The vote was 6-3 after the Supreme Court for years had avoided hearing such cases based on Second Amendment rights from the Constitution that some had interpreted to include freely carrying guns without any common sense restrictions. This issue is second only to abortion as a cultural issue in the US on which sides are taken by the public including the Supreme Court Justices selected by Mr. Trump. Though not directly apparent these and issues of immigration, other cultural issues surrounding gay rights are putting those who would normally come together on issues of national interest on opposite sides when it comes to common sense support for everyday issues of feeding families, keeping workers employed in good factories at home, child care, education, health care, fair wages, restoring America's manufacturing leadership and bringing back manufacturing to the US. The emergence of Tech and tech companies, Silicon Valley, the finance sector in New York, has reinforced the prejudice in these opposing sides as Tech and the finance sector have largely embedded themselves into the Democratic side. Tech and finance sector employees with higher incomes have largely insulated themselves from the interests of ordinary workers and families creating a split Democratic party when it comes to supporting workers and families who form the vast majority of the American people. In a sense today the national interest is separate from these cultural issues and supporters of national interests can be found in both parties who can look beyond and above these cultural issues. It is also where many of these cultural issues can be resolved to some degree using common sense on which most informed members of Congress can agree. This is true for gun control as a group of bipartisan Senators from both parties are preparing gun control around common sense principles that today are even beyond the capacity of the Supreme Court of the US that itself now reflects a raucous public sphere. ...

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Biden's address to Congress after three years of the pandemic marks a turning point for America like Lincoln in 1962 and FDR in 1933. As Biden surveys the damage done to the country not just by Covid loss of 1 million lives, he sees the closing of factories and abandoning of communities that depended on them all over America, abandoned by administrations of either party. Which has led to a loss of faith in the fairness of the system and of democracy itself.  "And two years ago democracy faced its greatest threat since the Civil War. And today though bruised, it remains unbowed and unbroken. . . That's always been my vision for this country, and I know its many of yours. To restore the soul of this nation. To rebuild the backbone of America, America's middle class." Biden sees a complete rebuilding of America to bring back manufacturing, restore American leadership in manufacturing. And invest three hundred billion dollars for the effort that will create jobs and new opportunities.  "For decades, the middle class has been hollowing out, and more than- and no one administration, but for a long time. Too many good paying manufacturing jobs moved overseas. Factories closed down. Once thriving cities and towns that many of you represent became shadows of what they used to be. And along the way, something else we lost. Pride, our sense of self-worth. I ran for president to fundamentally change things, to make sure our economy works for everyone so we can all feel that pride in what we do. To build an economy from the bottom up, not from the top down. Because when the middle class does well, the poor have a ladder up, and the wealthy still do very well. We all do well." "Folks I've been criticized for saying this, but I am not changing my view. We're going to make sure the supply chain for America begins in America. The supply chain begins in America." "And when we do these projects- and again I get criticized for it but I am making no excuses for it- we're going to buy American. We're going to buy American. Folks, and it's totally consistent with international trade rules. Buy American has been the rule since 1933. But for too long, past administrations, Democratic and Republican, have fought to get around it. Not anymore. . . Folks my economic plan is about investing in places and people that have been forgotten. So many of you listening to me tonight, I know you feel it. So many of you felt simply that you've been forgotten. Amid the economic upheaval of the last four decades, too many people have been left behind and treated like they're invisible."   ...

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The US Saudi Strategic Alliance is modeled on the US Japan Treaty and commits US to defend the Saudi kingdom. A draft of the treaty is being negotiated. It requires a two thirds majority in US Congress. A parallel US Saudi Cooperation Agreement is also put in place by Biden and can be done by Executive Order. What motivates this at this time and why after 9/11 when most of the attackers were Saudi, and after relations with Saudi deteriorated under Obama and president Biden's questioning some Saudi actions? The two main reasons are the change Salman of Saudi is bringing to the country modernizing its internal society and and freeing it up from the religion based restrictions of an earlier period, and his focus on investment in the economic development working with India and partners in the region, a relief from the incessant wars from the period of Reagan/Bush as the US makes domestic policy benefits determine foreign policy under Biden. Unknown in most of the world and media a change of demeanor happened at the G-20 meetings in India when prime minister Modi brought Biden and Salman together on economic development plans of a development corridor linking India through Saudi andest Asia to Europe. Biden supported the effort and it showed the Saudis under Salman as leading a development plan along with Modi and other partners for development in the Middle East after frequent wars dissipating the resources of the region and of the US. since Reagan/Bush policy failures and escalation. It is this intervening period of three decades of war that led to China's gains in relation to the US, with twin strikes to the US of China's domination of supply chains, deindustrialization, and loss of manufacturing jobs for working classes in US and Europe. Coupled with this is the opportunity for Biden and Blinken to give Israel an opportunity it never enjoyed for most of its life as a free nation since 1948 to have peace with its Arab neighbors. It is even possible that the prospect of this happening without a settlement for Palestinian statehood that would leave things in Gaza and Palestine at status quo that propelled the sudden attack on Israel. Biden and Blinken want to do the Saudi deal with a new element of getting Palestinian statehood on a basis of respect for dignity of people and of economic independent country which would put to rest decades of Arab neighbor disapproval of Israel. This is both a new vision of West Asia, what we call the Middle East, and an opportunity to focus and also cope with on Asia with the rise of China, India, as the two largest economies with EU and US in the world. ...

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These 2 pieces in the form of Letters to the Editor show that Congress and the WSJ readers remain unconvinced by arguments for the status quo in relation to the yuan-dollar exchange rate. Clearly Senator Schumer looks like he is pushing for a bipartisan effort that would as they see it promote free trade and WTO rules.

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If John F. Kennedy were writing Profiles of Courage in 2024 he would have James Lankford as one of these Senators who showed courage to take the right stand in the face of opposition from his fellow Republican Congressmen and people in his state and the country who support loyalty to president Trump. Lankford says in this NYT interview that in December 2023 the immigration bill would have passed Congress into law. He has always seen that no one person is the boss. Trump is not the boss even as president. He is a co-equal branch, says Lankford. He sums it up saying- I work for the people of Oklahoma not the president.  Senator Lankford of Oklahoma is interviewed by Lulu Garcia Navarro of the NYT for his role in negotiating a immigration bill with Democrats in Congress and president Biden that would fix asylum policy and close the Border with Mexico. It is a tough bill says Lankford, and the Republicans held onto their position that there would be no citizenship for the immigrants who crossed the border illegally since 2024. If it came up in December 2023 it would have fixed the Border, says Lankford. It came up in February, and by this time the election nominee was Trump who decided not to support it, as it would take away the immigration issue that he hoped to run on against Democrats. It is still alive as Kamala Harris says it is her top priority to get the Lankford immigration bill passed into law. To know Lankford is to know that he ran the largest Baptist youth camp in the Nation at Fall Creek. He believes every person has value and worth and even if he disagreed with them that person has value and worth. His faith, he says, is something important for him, and not something you take off and put on.  The title should be The Men and Women who Solved Immigration for the Nation. This includes Republican Senator James Lankford of Oklahoma, Senator Krysten Sinema of Arizona, and Democrat Senator Chris Murphy of Connecticut. Lankford for 22 years a youth Baptist minister from Oklahoma, Sinema immigration attorney from southern Arizona, and Murphy a lawyer from Connecticut. The man who selected Lankford to negotiate the immigration bill on behalf of the Republicans in Congress was Senator Mitch McConnell of Kentucky. For the Democratic party Pat Schumer helped bring Democrats in Congress and president Biden behind a tough bill that reflected the consensus view that something serious had to be done about the US Border for a lasting solution. This opportunity may come again if Kamala Harris wins as she says it will be her top priority to get the Lankford -Sinema Bill passed. ...