Sahil Kapur

Sahil Kapur is TPM's senior congressional reporter and Supreme Court correspondent. His articles have been published in the Huffington Post, The Guardian and The New Republic. Email him at sahil@talkingpointsmemo.com and follow him on Twitter at @sahilkapur.

Articles by Sahil

President Obama may have the power to circumvent the Senate and recess-appoint members to his Medicare cost-cutting Independent Payment Advisory Board (IPAB) once it takes effect, two physicians turned Republican senators warned in a new report Tuesday.

As part of an all-out GOP assault on the Affordable Care Act on the week of its two-year anniversary, a 38-page report released Tuesday by Sens. Tom Coburn (R-OK) and John Barrasso (R-WY) runs the gamut of Republican messaging points against the law -- and expresses the fear that their party may not be able to stop Obama from implementing IPAB, which was enacted under the ACA.

"According to the CRS, there are no legal restrictions on the White House’s ability to bypass Congress and install politically-connected czars as members of this highly controversial panel," the senators' report reads. "'We do not see why,' CRS said, 'should the normal conditions for a recess appointment occur, the President could not recess appoint a majority of the 15- member Board with individuals of his choosing as long as those appointments complied with the other limitations established in that section.' The White House could effectively nominate political allies, bypass the Senate’s constitutional role to confirm these Presidential appointees."

Senate Republicans had already tipped their hand by suggesting they might refuse to confirm anyone to the board. And the new warning flag from Coburn and Barrasso about a possible work-around for Obama only reaffirms clear GOP appetite for using their clout to scale back, if not neuter, IPAB's effectiveness, in the event that they're unable to repeal it.

When top House Republicans advanced a bill this month aimed at repealing one of the most contentious parts of President Obama's health care law, they didn't see much downside. More bad press for health care reform, a splintered Democratic House minority and a consolidated Republican Party. They didn't look hard enough.

Not only have they managed to alienate some Democratic allies on the bill, slated for a floor vote this week, they're also facing heat from the right for targeting just the one provision of "Obamacare," instead of the law in its entirety.

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In one week, the Supreme Court will hear arguments on a legacy-defining case for President Obama as it determines whether a crucial piece of his signature legislative achievement meets constitutional muster. The health care reform law's path to the high court has underscored a climate of supercharged partisan politics, and the highly anticipated decision expected this summer, in the dead heat of presidential election season, will help determine the trajectory of the nation's health care system.

The main question facing the justices is whether the law's requirement that Americans purchase insurance falls within the limits of federal power under the Constitution. They'll also hear arguments on whether, if the mandate is deemed unconstitutional, other aspects of the law such such coverage guarantee also need to be struck down. There's a chance that the court will punt the case to after 2014 under a law that says a tax may not be challenged in court until it is being collected.

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Republicans need to "get off" the issue of contraception and "fix" the perception that the party has spurned women, Sen. John McCain (R-AZ) declared Sunday.

The party's 2008 standard-bearer, now a Mitt Romney surrogate, was asked by David Gregory on NBC's Meet The Press whether he thinks that "there is something of a war on women among Republicans."

"I think we have to fix that," McCain said. "I think that there is a perception out there, because of the way that this whole contraception issue played out. We need to get off of that issue, in my view. I think we ought to respect the right of women to make choices in their lives, and make that clear, and get back on to what the American people really care about: jobs and the economy."

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Rick Santorum has garnered quite a bit of attention recently for his animated remarks against pornography, and on two separate Sunday shows the Republican presidential candidate refused to cede an inch, doubling down on his crusade against "hard-core pornography."

A recently added section on the candidate's website declares that America is "suffering a pandemic of harm from pornography," and laments that the "Obama Administration has turned a blind eye to those who wish to preserve our culture from the scourge of pornography and has refused to enforce obscenity laws." The site goes on to say that the Justice Department "seems to favor pornographers over children and families."

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Former Mississippi Gov. Haley Barbour, a heralded Republican strategist, offered up yet more evidence Sunday that the GOP is coalescing around a 2012 message along the lines of: the economy is improving but it could be much better.

"The American people are being told by the news media, by the liberal media elite, how great the economy is. Well the economy is not great out in America," Barbour said on ABC's This Week. "Maybe it's gotten a little better but it kind of reminds me of an old country song from my youth -- the lyrics were, I've been down so long it looks like up to me now."

"So yeah, we've had some improvement on jobs, but we need a lot more," he added.

Bill Burton, former White House deputy spokesman who now runs the pro-Obama Super PAC Priorities USA, countered on ABC, "I think the Clint Eastwood ad that it's halftime in America is probably a little more accurate."

Sen. Scott Brown (R-MA) cracked a joke about Rick Santorum and condoms in a St. Patrick's Day speech in Boston, per a video clip captured by BuzzFeed's Andrew Kaczynski.

"I see that both Newt Gingrich and Rick Santorum now have Secret Service with them on the campaign trail," Brown said. "And in Santorum's case I think it's the first time he's actually ever used protection."

The crowd broke into laughter and applause, putting a satisfied look on Brown's face.

Update 1:15 pm ET: It turns out Brown isn't the first to make the joke.

Weeks ago, the late-night comedian Conan O'Brien said: "As of today, Rick Santorum will be assigned Secret Service agents. This is the first time Santorum has agreed to use any kind of protection."

Mitt Romney surrogate John McCain said Sunday that his candidate is "improving dramatically" but needs to do better in order to seal the deal for the Republican presidential nomination.

"Obviously Mitt Romney will tell you, first of all, he's got to do a better job. He's working on doing a better job. He's got to focus more on the economy," McCain said on NBC's Meet The Press. "And I think he is improving dramatically as a candidate."

He called the primary race "the nastiest I have ever seen" and fiercely denounced Super PAC spending and the Citizens United ruling that helped enable them.

Rick Santorum doubled down Sunday on his odd claim that the Obama administration's Justice Department "seems to favor pornographers over children and families."

Asked to defend the statement on CNN's State of the Union, the candidate didn't flinch, claiming the president's DOJ has not prosecuted porn laws as vigorously as his predecessor's DOJ.

"Well you have to look at the proof that's in the prosecution. Under the Bush administration, pornographers were prosecuted much more rigorously under existing law than they are under the Obama administration. So you draw your conclusion," Santorum said. "My conclusion is they have not put a priority on prosecuting these cases, and in doing so, they are exposing children to a tremendous amount of harm. And that to me says they're putting the unenforcement of this law and putting children at risk as a result of that."

On Sunday, Rick Santorum took on Mitt Romney's argument that he's better qualified to be president, having run a business.

'Running is business is not the same as being president of the United States," Santorum said on CNN's State of the Union. "If Governor Romney thinks he is the CEO of America, and can run and manage the economy, he doesn't understand what conservatives believe in. We don't want someone in Washington, DC to manage the economy. We want someone to get Washington out of our lives, to reduce these mandate, get rid of things like Romneycare at the federal level which we call Obamacare, and do some things to get this economy going by believing in the private sector -- something that Governor Romney has shown no indication he's in favor of."

Santorum called Romney "uniquely disqualified on some of the biggest issues of the day like Obamacare and bailouts and cap and trade and government control of your lives."

His point plays to conservative instincts but gets at an argument that Democrats have yet to fully make about the relevance of Romney's business background to his presidential ambitions.