| | | | By Anna Palmer and Jake Sherman | Presented by | | | | | | | | DRIVING THE DAY | | ONE WEEK until Election Day. 45 DAYS until government funding runs dry. 85 DAYS until Inauguration Day. THE MCCONNELL COURT: Senate Majority Leader MITCH MCCONNELL has used DONALD TRUMP'S presidency to orchestrate a complete overhaul of the federal judiciary. After Monday night's confirmation of AMY CONEY BARRETT to the Supreme Court, TRUMP has appointed one third of the nation's highest court. And, according to SEUNG MIN KIM of the WaPo, TRUMP has appointed 220 judges. -- NYT front: "BARRETT SWORN IN TO SUPREME COURT AFTER A 52-48 VOTE: A Scalia Protégée Tilts a Bench Remade by Trump Further to the Right" AFTER BARRETT was confirmed Monday evening, we got a sneak peek at both the stylistic and substantive rift that could come to dominate the Democratic Party in 2021 and 2022, should they win the Senate and the White House. CHUCK SCHUMER, the Democratic Senate leader from New York who is up for reelection in 2022, said this while leaving the Capitol, per the Hill pool: "I have two words for McConnell's speech: very defensive." … ON THE SENATE FLOOR, SCHUMER looked over to the Republican side of the chamber and said, "You will have forfeited the right to tell us how to run" the majority. "The American people will never forget this blatant act of bad faith." (FWIW: We didn't think MCCONNELL sounded defensive at all, but rather gleeful. Also, who thought Republicans had the right to tell Democrats how to run their majority in the first place?) COMPARE THAT to Rep. ALEXANDRIA OCASIO-CORTEZ (D-N.Y.). AOC tweeted this: "Expand the court. … Republicans do this because they don't believe Dems have the stones to play hardball like they do. And for a long time they've been correct. But do not let them bully the public into thinking their bulldozing is normal but a response isn't. There is a legal process for expansion." THIS KIND OF rift should not be overlooked, because it will come to dominate governance should Washington turn all blue. AOC is seen as one of SCHUMER'S top potential primary challengers. The simplicity and bare-knuckled nature of her message could resonate among a Democratic base that's looking for knife fights, not senatorial process arguments. While SCHUMER and JOE BIDEN say changing the size of the court is on the table, the left is screaming that it should play by the same rules as the GOP -- which is to say Democrats should not worry about tradition and instead blow up what they consider the quaint processes that govern official Washington. AND IT CANNOT BE IGNORED that it's much easier to shout from the House than govern and lead the Senate. But there will be a hell of a lot of shouting coming from what's expected to be a large and loud Democratic majority in 2021. THE POLITICO TICK TOCK … TODAY'S MUST READ: BURGESS EVERETT and MARIANNE LEVINE: "How the Senate GOP's right turn paved the way for Barrett": "One day after Supreme Court Justice Ruth Bader Ginsburg died, President Donald Trump told Senate Majority Leader Mitch McConnell that 'lots of people' thought Barbara Lagoa would be the best pick for the Supreme Court. After all, the Cuban American judge from Florida could give a huge political boost to the president in a key swing state. "McConnell had a rebuttal: Pick Amy Coney Barrett instead, according to GOP leadership and White House aides. McConnell argued Barrett, an ardent social conservative, would have the best chance of uniting the party — and if Trump even thought of picking someone else, he needed to call McConnell and give him a chance to change the president's mind." -- WAPO'S PAUL KANE: "Angry Democrats try to focus on health care as they watch Barrett confirmation" SOMETIMES IT SEEMS LIKE TRUMP is running a campaign in a parallel universe, detached from the issues of the day. DURING THREE RALLIES Monday: -- HE MENTIONED BARRETT three times, each time seemingly in passing. And … HE DIDN'T ONCE talk about the standoff over stimulus, or rail on Speaker NANCY PELOSI for her negotiating tactics. Good Tuesday morning. SPOTTED: Tucker Carlson and Tony Bobulinski eating at the Waldorf in Los Angeles on Monday evening. Carlson is interviewing Bobulinski on his show tonight. | A message from the Partnership for America's Health Care Future: When it comes to health care, lowering costs is voters' highest priority – but the public option could force the average worker to pay $2,500 more a year in payroll taxes in addition to the cost of their current coverage. Get the facts. | | POLITICO SCOOP -- "Medicare and Medicaid to cover early Covid vaccine," by Dan Diamond and Adam Cancryn: "The Trump administration this week will announce a plan to cover the out-of-pocket costs of Covid-19 vaccines for millions of Americans who receive Medicare or Medicaid, said four people with knowledge of the pending announcement. "Under the planned rule, Medicare and Medicaid will now cover vaccines that receive emergency use authorization from the Food and Drug Administration, the people said, which is a change from current policy. The regulations, which have been under development for weeks, are likely to be announced by the Centers for Medicare and Medicaid Services on Tuesday or Wednesday. At least two Covid-19 vaccine developers have said they plan to apply for an emergency use authorization before the end of the year." POLITICO CORONAVIRUS RAGING -- "Worst place, worst time: Trump faces virus spike in Midwest," by AP's Tom Beaumont in Oshkosh, Wis.: "[N]ow the virus is getting worse in states that the president needs the most, at the least opportune time. New infections are raging in Wisconsin and elsewhere in the upper Midwest. In Iowa, polls suggest Trump is in a toss-up race with Biden after carrying the state by 9.4 percentage points four years ago. "Trump's pandemic response threatens his hold on Wisconsin, where he won by fewer than 23,000 votes in 2016, said Marquette University Law School poll director Charles Franklin. 'Approval of his handling of COVID is the next-strongest predictor of vote choice,' behind voters' party affiliation and their overall approval of Trump's performance as president, Franklin said. 'And it's not just a fluke of a single survey.' "The Centers for Disease Control and Prevention reported Sunday that among U.S. states, Wisconsin had the third highest rate of new cases for the previous seven days. Iowa was 10th." NANCY COOK: "Trump's closing argument: Forget about Covid" MARKET WATCH -- "Stocks Slide on Coronavirus Uptick, Fading Stimulus Hopes," by WSJ's Anna Hirtenstein and Paul Vigna -- BEN WHITE: "Why Wall Street is banking on a blue wave": "President Donald Trump loves to say that if Joe Biden wins the White House, stocks will crash, retirement accounts will vanish and an economic depression 'the likes of which you've never seen' will engulf the nation. But much of Wall Street is already betting on a Biden win — with a much different take on what the results will mean. "Traders in recent weeks have been piling into bets that a 'blue wave' election, in which Democrats also seize the Senate, will produce an economy-juicing blast of fresh fiscal stimulus of $3 trillion or more that carries the U.S. past the coronavirus crisis and into a more normal environment for markets. "Far from panicking at the prospect of a Biden win, Wall Street CEOs, traders and investment managers now mostly say they would be fine with a change in the White House that reduces the Trump noise, lowers the threat of further trade wars and ensures a continuation of the government spending they've seen in recent years." NYT, A19: "Swing-District Democrats, Defying Predictions, Poised to Help Keep House," by Luke Broadwater in Henrico County, Va. ATLANTA JOURNAL-CONSTITUTION: "In Georgia, a Senate GOP firewall is under attack by resurgent Democrats," by Greg Bluestein and Patricia Murphy: "In a fight to keep control of the U.S. Senate, national Republicans viewed Georgia's twin contests as part of a last-ditch firewall. With a week until Election Day, resurgent Democrats are chipping away at that foundation. "The latest Atlanta Journal-Constitution poll shows Jon Ossoff deadlocked with Republican U.S. Sen. David Perdue, who was once heavily favored to win a second term. And Democrat Raphael Warnock, a pastor and first-time candidate, is the clear front-runner in the chaotic special election for U.S. Sen. Kelly Loeffler's seat. "The two Democrats are leveraging President Donald Trump's struggling poll numbers, and Warnock is taking advantage of the bitter internal rift between Loeffler and U.S. Rep. Doug Collins, her most formidable Republican opponent in the 21-candidate race. The poll pegged Collins at 21% and Loeffler at 20% — with roughly 15% of Republican voters undecided in that race." | | A message from the Partnership for America's Health Care Future: The public option could raise the average worker's taxes by $2,500/year in addition to the cost of their current coverage. Get the facts. | | COURT WATCH ... JOSH GERSTEIN: "In Wisconsin decision, Supreme Court foreshadows election night cliffhanger": "As a divided Supreme Court on Monday resolved a fight over absentee voting rules in Wisconsin, the justices exchanged warnings about a troublesome scenario: the possibility that next week's presidential election leads to days or even weeks of legal maneuvering and uncertainty about the winner. "Justice Brett Kavanaugh conjured up the specter of such a protracted battle as he argued in favor of allowing states to maintain firm deadlines requiring absentee ballots to be received by election officials on Election Day. "'Those States want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election,' Kavanaugh wrote in a concurring opinion released Monday night. 'And those States also want to be able to definitively announce the results of the election on election night, or as soon as possible thereafter.'" POLITICO MEANWHILE -- "Twitter labels Trump post about mail ballots as 'disputed' and 'misleading,'" by Myah Ward TRUMP'S TUESDAY -- The president will leave the White House at 12:30 p.m. en route to Lansing, Mich. He will arrive at the Capital Region International Airport at 2:25 p.m. and give a campaign speech. Trump will depart at 4 p.m. en route to West Salem, Wis. He will arrive at MotorSports Management Company at 4:40 p.m. CDT and will speak at a campaign rally. Afterward, he will travel to Omaha, Neb. He will arrive at Eppley Airfield at 7:50 p.m. and give another campaign speech. Afterward, he will travel to Las Vegas. He will arrive at 9:50 p.m. PDT and spend the night. ON THE TRAIL … BIDEN will travel to Warm Springs, Ga., and deliver a campaign speech in the afternoon. He will also attend a drive-in event in Atlanta focused on early voting. … JILL BIDEN will travel to Bangor, Maine, for a GOTV rally. … Sen. KAMALA HARRIS (D-Calif.) will travel to Reno, Nev., and Las Vegas to participate in early voter mobilization events. | | A NEWSLETTER FOCUSED ON GLOBAL HEALTH: At a high-stakes moment when global health has become a household concern, it is pivotal to keep up with the politics and policy creating change. Global Pulse connects leaders, policymakers, and advocates to the people and politics driving global health. Join the conversation and subscribe today for this new weekly newsletter. | | | | | PLAYBOOK READS | | | PHOTO DU JOUR: A firefighter battles the Silverado Fire, a fast-moving wildfire that forced evacuation orders for 60,000 people in Southern California on Monday, Oct. 26. | Jae C. Hong/AP Photo | LAURA BARRÓN-LÓPEZ and HOLLY OTTERBEIN in Bethlehem, Pa.: "The demographic that could tip Pennsylvania": "For 17 years, La Mega, a Spanish language radio station serving Lehigh Valley's rapidly growing Puerto Rican population, has been playing it safe. Sure, they criticized Donald Trump when he called Mexicans 'rapists' back in 2015. But they've never endorsed a presidential candidate. 'We [didn't] want to get anybody upset,' said Victor Martinez, owner of the station and host of the morning show El Relajo de la Mañana, or The Morning Commotion. "This year is different: La Mega is firmly behind Democratic nominee Joe Biden. And it's not stopping at an endorsement. The station is educating listeners on how to vote safely in the pandemic, how to find ride-share options to the polls and even showing up at campaign events. Biden's running mate, Sen. Kamala Harris, recently appeared on the show. 'We are all in this year,' Martinez said. 'We're not leaving anything behind. Puerto Ricans are not happy with Trump.' "With a week left until the election, Biden, Trump and their surrogates are spending much of the little face time they have left in Pennsylvania, sometimes specifically courting Latino voters. Though Latinos make up only roughly 6 percent of the electorate in Pennsylvania, they could prove pivotal to Biden's chances in a close contest. In 2016, Trump won the state by less than 1 point — and both campaigns are girding for another nail-biter." POLITICO | | A message from the Partnership for America's Health Care Future: American families can't afford the public option. Learn why. | | ADELSON WATCH -- "Adelson's Las Vegas Sands Exploring $6 Billion Sale of Vegas Casinos," by Bloomberg's Gillian Tan and Christopher Palmeri: "Sheldon Adelson's Las Vegas Sands Corp. is exploring the sale of its casinos in Las Vegas, according to people with knowledge of the matter, a move that would leave the mogul focused on Asia and mark his exit, for now, from the U.S. gambling industry. "The world's largest casino company, Sands is working with an adviser to solicit interest for the Venetian Resort Las Vegas, the Palazzo and the Sands Expo Convention Center, which together may fetch $6 billion or more, said the people, who asked to not be identified because the talks are private. The properties are all connected along the city's famous strip." BOOK CLUB -- Retired Lt. Col. ALEXANDER VINDMAN will publish a memoir next spring, currently titled "Here, Right Matters: An American Story," about his family story, his career and his experience in the Trump administration and impeachment process. Harper has the North American rights. The cover MEDIAWATCH -- "BuzzFeed Expects to Break Even This Year, Thanks to Heavy Cost Cuts," by WSJ's Lukas Alpert: "[The] belt-tightening is part of a greater reckoning for the once-highflying digital media startup, whose board had become increasingly frustrated with slowing growth and persistent losses in recent years, the people said. Over the past two years, the company has reduced costs by as much as $80 million, they said." | | SUBSCRIBE TO TRANSITION PLAYBOOK: We're excited to launch a newsletter written for insiders that will track the appointments, the people, and the power centers of the next administration. Both Team Biden and Team Trump have been working behind the scenes for months vetting potential nominees and drafting policy agendas. Transition Playbook takes you inside those preparations, personnel decisions, and policy deliberations. Don't miss out, subscribe today. | | | | | PLAYBOOKERS | | Send tips to Eli Okun and Garrett Ross at politicoplaybook@politico.com. WHITE HOUSE ARRIVAL LOUNGE -- Jayme Chandler is now director of correspondence at the White House's Office of Presidential Personnel. She most recently was coalitions coordinator for the Trump campaign. TRANSITION -- John Coghlan is now deputy assistant A.G. for the federal program branch of the civil division. He previously was an associate counsel in the White House counsel's office. BIRTHDAY OF THE DAY: Judy Smith, founder and CEO of Smith & Co. A trend she thinks doesn't get enough attention: "The effect that the pandemic has had on women and the alarming rate at which they are leaving the workforce can have an impact on generations to come. This is an issue that we need to make sure we continue to pay attention to and figure out how we can support women and help address these challenges." Playbook Q&A BIRTHDAYS: Rep. Lori Trahan (D-Mass.) is 47 … Matt Drudge is 54 … Vanity Fair's Michael Calderone … Teal Baker (h/t Heather Podesta) … NYT's Ali Watkins … Nina Easton … Richard Clarke, CEO of Good Harbor, is 7-0 … Stuart Roy, president of Strategic Action Public Affairs (h/t Blain Rethmeier) … Phil Anderson, president and founder of Navigators Global … Jon Doggett, CEO of the National Corn Growers Association … Chris Vlasto is 54 … Mike McCurry, of counsel at Public Strategies Washington and distinguished professor of public theology at Wesley Theological Seminary, is 66 (h/t Jon Haber) … Jackie Bray … Jonathan Sender … Gretchen Lee Salter (h/ts Teresa Vilmain) … Clark Reid of the Office of Inspector General at Commerce … Will Ris … … Zoe Chace of "This American Life" … Lora Ries, senior research fellow at the Heritage Foundation … Lori Otto Punke, president of the Washington Council on International Trade and founder of LOP Strategies (h/ts Stewart Verdery) … Sara Latham (h/t Brynne, Elrod, Hornbrook) … Red Balloon Security's Andrew Taub is 31 … Kenneth Katzman … Zoé Zeigler … Christina Mountz Donnelly, senior associate at the Glover Park Group (h/t Mike Feldman) … Emily Vander Weele, manager at Weber Shandwick ... Chrissy Terrell Murray, director of corporate comms and PR for Gannett/USA Today Network … The Economist's Tom Nuttall … Greg Gorman … Ed Dippold ... Jennifer Mandel … Abbey Shilling … Victoria Hargis ... George Landrith ... Leslie Churchwell … Nicholas Roosevelt | A message from the Partnership for America's Health Care Future: During this critical time, access to affordable, high-quality health care is more important than ever, but creating the public option could result in higher taxes or premiums for American families. In fact, a recent study finds the public option would become the third most expensive government program behind Medicare and Social Security, both of which are already at risk for those who rely on them. Let's build on and improve what's working where private coverage, Medicare and Medicaid work together, not start over with a one-size-fits-all government health insurance system like the public option. 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