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Credit: Congress Bio Directory

Brian Higgins (D-N.Y.)

 

Current Position: U.S. Representative (since January 2005)

Why He Matters

In January 2009, Higgins fell short of securing an appointment to Hillary Rodham Clinton’s Senate seat but consoled himself with his new position on the powerful House Ways and Means Committee. After the GOP took control of the House in 2011, however, he lost that powerful perch.

During Higgins' first two terms, he served on the Transportation and Infrastructure Committee, which helped him steer federal funds towards upstate New York. A former city councilman and state assemblyman, Higgins has represented the Buffalo region ever since he won a tight open-seat House race in 2004. His legislative priorities include developing the Buffalo waterfront and ensuring fair distribution of the New York Power Authority’s revenue.

A member of the moderate New Democrat Coalition, Higgins has tread a centrist path, particularly on national security. He supported reauthorizing the USA Patriot Act and was long hostile towards setting a timetable for U.S. troop withdrawal from Iraq.

He also backed Republican efforts to reform bankruptcy laws and supports constructing a fence along the U.S.-Mexico. He has received contributions from the National Rifle Association and was long close to the local Conservative Party.

Also an ally of organized labor, Higgins has generally opposed free- trade agreements. In the first years of the Obama presidency, he supported health-care reform and curbing global warming by establishing a cap-and-trade system.

In His Own Words

"I'm the most independent and conservative Democrat in New York State," Higgins said in 2006.

Path to Power

Born into a politically-active family, Higgins was raised in Buffalo and graduated from Buffalo State College. After working as a staffer for the Erie County sheriff and for the state Assembly, Higgins was elected to the Buffalo City Council in 1988.

In 1993, he lost a race for Erie County comptroller against Republican Nancy Naples. He moved on to become the Erie County Legislature’s Democratic majority’s chief of staff; he also took a year off to earn a master’s of public administration from Harvard in 1996.

State Legislator

In 1998, Higgins was elected to a closely-divided open seat in the state Assembly, beating Republican Steve McCarville and former Buffalo Mayor James Griffin. Much of his work in the legislature was devoted to local concerns, particularly the development of Buffalo’s waterfront. He voted with Republicans more frequently than many of his colleagues.Lakamp, Patrick, “Gulf between Higgins, Naples, not so wide,” Buffalo News, October 31, 2004 In 2000, he also participated in Majority Leader Michael Bragman’s unsuccessful attempt to dethrone Speaker Sheldon Silver (D), a decision he later cited as proof of his political independence.Hicks, Jonathan, “Retirement Sets Off Battle For Buffalo-Area House Seat,” Buffalo News, The New York Times, October 15, 2004

U.S. House

Heading into the 2004 cycle, New York’s 27th district, which contains much of Buffalo and its eastern and southern suburbs, was the most Democratic district held by a Republican lawmaker in the country. That made longtime Rep. Jack Quinn’s (R-N.Y.) decision to retire a blow to the GOP. The Democratic establishment rallied around Higgins, who also benefited from union support and from The Buffalo News ’s endorsement. Almanac of American Politics, 2008 edition He beat West Seneca Supervisor Paul Clark, 44 to 26 percent.

In the general election, Higgins faced Nancy Naples, whom he had lost to in 1993. While Democrats were confident they would win because of their large party registration advantage, Higgins struggled as Naples attacked him over his ties to Albany. A Buffalo News columnist described Higgins’ campaign as being close to the “worst local campaign in memory for a national office.” Edmonde, Donn, “Higgins campaign mystifying,” Buffalo News, October 15, 2004 Election Day left the race too close to call. It took 16 days for Higgins to emerge as the undisputed victor, with his 1 percent edge an underperformance compared to Sen. John Kerry ’s (D-Mass.) 8 percent lead in the district at the presidential level.

Higgins quickly secured a seat on the Transportation and Infrastructure Committee. In 2008, he was appointed to the prestigious Ways and Means Committee, which supervises all tax policy. That same year, Higgins was considered a possible appointtee to the Senate seat left vacant by Hillary Clinton, but then- Gov. David Paterson (D) ended up choosing fellow representative Kirsten Gillibrand.
 

The Issues

Higgins has positioned himself as a centrist. While in the New York Assembly, he benefited from the support of local Conservative Party officials who allowed him to run on their party line and his voting record placed him at the right of the state Democratic Caucus.Lakamp, Patrick, “Gulf between Higgins, Naples, not so wide,” Buffalo News, October 31, 2004 While the Conservative Party’s state chairman has been blocking local officials’ attempt to continue endorsing him ever since he started running at the federal level, Higgins often sides with Republicans on matters of national security, immigration and gun control.

"I'm the most independent and conservative Democrat in New York State," Higgins said in 2006.McCarthy, Robert, “Conservatives shun Higgins,” Buffalo News, July 19, 2006 This statement may no longer hold true because of the many new seats New York Democrats picked up in the 2008 elections, but it speaks to Higgins’ determination to position himself to the right in a competitive seat.

In 2007, Higgins introduced a constitutional amendment that would overturn a U.S. Supreme Court ruling equating money with free speech that would have allowed Congress to aggressively regulate campaign financing, limit the influence of money in elections and combat threats to the “integrity of our system of representative democracy.”Buckam, Tom, “Higgins proposing to amend Constitution on campaign finance,” Buffalo News, November 20, 2007

The Economy

Reputed to be an ally of organized labor, Higgins has opposed free-trade agreements, which he argues cost domestic jobs in the  while promoting weak environmental and labor standards in partnering countries. Specifically, he voted against the Central American Free Trade Act and the Peru Trade Promotion Agreement. He also supports the Employee Free Choice Act, which would make it easier for workers to organize.

During Barack Obama’s presidency, Higgins supported the 2009 stimulus plan and the June 2009 legislation that sought to curb greenhouse gas emissions by establishing a cap-and-trade system.

He was also a strong supporter of health-care reform, ultimately voting for the March 2010 final bill. He cited the 2009 House Democratic bill’s deficit-reducing impact, arguing that it would address rising health-care costs and the growth of Medicare.Tumulty, Brian, “Health care vote splits western New York representatives,” Democrat and Chronicle, March 20, 2010 He also backed the inclusion of a public option.

“We need a public plan to be the countervailing force against the for-profit insurance business,” he said.Kelly, Geoff, “The Public Option: an Interview with Congressman Higgins,” Art Voice However, he was described by the Buffalo News as slow to embrace the public optionTurner, Douglas, "Health care lobbyists battling 'public option'," Buffalo News, June 15, 2009 and he expressed openness to replacing it with non-profit cop-ops, an alternative proposed by centrist senators.

Higgins has also taken some fiscally-conservative positions, starting with making tax reduction a top campaign priorityPloetz, “Low-budget race isn’t lacking on issues,” Buffalo News, October 24, 2000 and backing a bill overhauling bankruptcy law, a major Republican priority in President George W. Bush’s second term. He did oppose a proposed repeal of the estate tax.Roll call vote 

National Security

Higgins has leaned to the right on issues relating to national security. Most notably, he was one of 44 Democrats to support the USA PATRIOT Act’s reauthorization in 2005. In 2008, he joined a large minority of Democrats in supporting the FISA Amendments Act, which expanded the government’s surveillance powers by legalizing warrantless wiretapping. "We give up something to enhance our security," Higgins explained.Zremski, Jeff, “At times, Higgins votes with the GOP; Record on key issues prompts liberals to attack congressman as 'Democrat in name only,'” Buffalo News, July 12, 2006

Initially supportive of the Iraq war, Higgins was long an adamant opponent of withdrawing troops, even as many Democrats insisted on setting a timetable. Upon returning from a summer 2006 Iraq trip, he announced his views had evolved to support negotiating a pullout date, but resisted  setting a firm deadline.McCarthy, Robert, “Higgins, anti-war activists debate Iraq,” Buffalo News, February 23, 2007 and Zremski, Jerry, “Higgins alters his stand on Iraq War,” Buffalo News, August 25, 2006

Local Development

Higgins has long made developing Buffalo’s waterfront a priority, arguing that major infrastructure construction is key to revitalizing the region’s economy. He has worked to secure millions towards projects like the revival of Gallagher BeachEdmonde, Donn, “Higgins campaign mystifying,” Buffalo News, October 15, 2004 and the construction of a new federal courthouse on Niagara Square.McCarthy, Robert, “Distinct differences mark House race,” Buffalo News, October 24, 2008 He also helped create a locally-governed development agency.Turner, Douglas, “Higgins' work on power must be seen to the end,” Buffalo News, July 3, 2006 In the House, Higgins has used his committee assignments to steer federal money towards these endeavors.

In his quest for funds, Higgins has repeatedly fought the New York Power Authority over devoting more money to developing Buffalo. In 2005, he played a major role in landing the waterfront a $279 million deal in exchange for the authority obtaining a license to operate the Niagara Power Project.McCarthy, Robert, “Distinct differences mark House race,” Buffalo News, October 24, 2008 and McCarthy, Robert, “Rep. Higgins gets results; But critics say he gains headlines with brash tactics, ignores other legislators' pursuit of the same goals,” Buffalo News, May 18, 2006 Higgins introduced federal legislation that would have forced the reluctant authority’s hand, and the Buffalo News lauded him for securing what it described as a “miracle” settlement.Turner, Douglas, “Higgins' work on power must be seen to the end,” Buffalo News, July 3, 2006

In 2009, Higgins turned his attention to the record profits the Authority reported following its relicensing deal, introducing legislation that would require future proceeds be submitted to the local development agency to ensure the money paid by Western New York residents stays in the region.Heaney, James, “Bill aims to tap hydro profits,” Buffalo News, April 22, 2009 and Heaney, James, “Higgins wants to keep power profits here,” Buffalo News, April 22, 2009

Social Issues

Higgins supports abortion rights and has backed federal funding for stem-cell research. He is also supportive of gay rights. Not only did he oppose a constitutional ban on gay marriage, but he is also a cosponsor of legislation seeking to repeal the Defense of Marriage Act.Thomas database 

Higgins is an opponent of gun control. He has been a rare New York Democrat to receive contributions from the National Rifle AssociationTurner, Douglas, “Despite tragedy, no will for gun limit renewal,” Buffalo News, April 23, 2007 and he has backed legislation expanding gun rights. For instance, he cosponsored a bill seeking to repeal Washington, D.C.’s strict gun control lawsThomas database   and he voted in favor of shielding gun manufacturers from product misuse lawsuits.Turner, Douglas, “New federal gun law shows NRA's power,” Buffalo News, October 31, 2005

In 2005, Higgins sided with social conservatives on two high-profile issues. He supported a constitutional amendment to ban flag burning and a bill allowing Terri Schiavo’s case to move into federal courts.Roll call vote 

The Network

To advance his local priorities, Higgins has worked with other members of Congress who represent the Buffalo region. While Sen. Chuck Schumer (D-N.Y.) helped his confrontation with the New York Power Authority gain attention, it was then-Sen. Hillary Rodham Clinton (D-N.Y.) who made his efforts successful by rallying to support his proposals at a critical juncture.Turner, Douglas, “Higgins' work on power must be seen to the end,” Buffalo News, July 3, 2006 Higgins later endorsed Clinton’s presidential bid.

Yet, Higgins has been described as feuding with Rep. Louise Slaughter (D-N.Y.), the FORMER House Rules Committee chairwoman with whom he shares representation of Buffalo. Slaughter was reportedly irked that her more low-key style was being overshadowed by Higgins.McCarthy, Robert, “Rep. Higgins gets results; But critics say he gains headlines with brash tactics, ignores other legislators' pursuit of the same goals,” Buffalo News, May 18, 2006  and Almanac of American Politics, 2008 edition   The two have worked to defuse the tension.

Higgins has also relied on local allies, who have worked to pass resolutions supporting his federal proposals in the Erie County Legislature and the Buffalo City Council. Allies include County Legislator Tim Kennedy and Council Member Jeff Conrad. Higgins has also benefited from the protection of Erie County Conservative Party Chairman Ralph C. Lorigo, who backed Higgins’ runs for state office and later feuded with his party’s state chairman over whether he could endorse Higgins’ House candidacies.McCarthy, Robert, “Conservatives shun Higgins,” Buffalo News, July 19, 2006
 

Footnotes

 


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