Tuesday, March 30, 2021

Biden starts to fill in the bench

Presented by McDonald's: A play-by-play preview of the day's congressional news
Mar 30, 2021 View in browser
 
POLITICO Huddle

By Olivia Beavers

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NOM NOM NOM NOM: No, that isn't the sound of chewing, that is the sound President Joe Biden announcing 11 nominees to the federal bench this morning -- his first round of judicial picks -- which my colleagues first reported was coming late last night.

"This group also includes groundbreaking nominees, including three African American women chosen for Circuit Court vacancies, as well as candidates who, if confirmed, would be the first Muslim American federal judge in U.S. history, the first AAPI woman to ever serve on the U.S. District Court for the District of D.C., and the first woman of color to ever serve as a federal judge for the District of Maryland," a White House announcement released Tuesday morning said.

Biden has 68 judicial vacancies at the start of his administration, which is less than Trump, who started with an open Supreme Court seat, 86 district court seats and 17 circuit court seats to fill. Senate Republicans ended up confirming more than 200 judges during Trump's administration. Now Democrats and progressive groups are looking to exert their own influence on the federal bench, and make sure they don't follow the same approach as former President Barack Obama, who some Democrats feel moved too slowly in addressing the courts.

As my colleagues first reported: "The list of nominees will offer the first glimpse of Biden's plans to shape the federal judiciary after promising during the 2020 campaign to appoint a Black woman to the Supreme Court should he get the chance. The appointments will also provide a test for Senate Democrats who must lead the often-contentious judicial confirmation process in a chamber divided 50-50, with little room for political error."

Some picks: Judge Ketanji Brown Jackson, who has already been floated as a prospective Biden Supreme Court pick, was on the White House's list for potential nominations to the D.C. Circuit Court of Appeals. He also named Tiffany Cunningham, a partner at the law firm Perkins Coie LLP, for the U.S. Court of Appeals for the Federal Circuit; and Candace Jackson-Akiwumi, a partner at the law firm Zuckerman Spaeder, for the U.S. Court of Appeals for the Seventh Circuit.

More here Marianne, Laura Barrón-López and Josh Gerstein on Biden's impending nominations: https://politi.co/3dkdK4i

HOUSE FRICTION CAUCUS: The House Freedom Caucus is known for ruffling the feathers of GOP leadership, but recent delay tactics by some in the ultra-conservative group have fomented some internal frustrations, forming chinks in their typically united front.

 

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Some feel there is a lack of strategy when conservatives move to challenge a wide swath of bills rather than a select few, with some warning this approach may dilute the potency of moments when they choose to tie the House in procedural knots. It also could backfire if Democrats seek to block the GOP from using an expedited process to advance its own non-controversial bills, some warn.

But other Freedom Caucus members feel strongly that the efforts by Freedom Caucus Chair Andy Biggs (R-Ariz.) and several others to wreak havoc on the floor is part of their brand and they need to deploy every procedural weapon at their disposal as they seek to voice frustration with the way Democrats are running the chamber.

"The level of division is whether to use it on every single bill or to withhold it on some bills," said one Freedom Caucus member, who was granted anonymity to more freely discuss internal group dynamics. "If you say unconditionally, 'we're using [our power] on every motion,' there's no negotiation possible. So that's been the breakdown — is whether to object to everything or some things."

In a sign that the issue is far from settled, members of the Caucus met recently to debate whether to use the strategy in a blanket fashion or on a more limited basis, according to several GOP lawmakers and aides who attended. And some frustrated members have even started skipping out altogether when their cohorts force floor votes on motions to adjourn.

"Others have downplayed the internal differences as minor. Yet even those Republicans acknowledged that consternation is growing within a group whose members first started slowing down House business out of aggravation with multiple decisions by House Democratic leaders, including the lack of GOP amendment opportunities and the metal detectors erected outside the floor after the Jan. 6 Capitol insurrection," Mel and yours truly report.

More here on the cracks: https://politi.co/3dymIv9

 

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HAPPY TUESDAY! Welcome to Huddle, the play-by-play guide to all things Capitol Hill on this March 30, where we have stories of people celebrating the freeing of the ship in the Suez Canal and stories of vaccinated seniors letting loose, leading their kids to say, "whoa Mom, Dad cool your jets."

MONDAY'S MOST CLICKED: The AP's story on how the path from Clinton to Biden has taken a U-turn on debt, trade, more was the big winner.

PUPS OF CAPITOL HILL: The votes have been cast and we have a winner! Huddle's 2021 Pups of Capitol Hill Photo Competition winner is Griffey, the King Charles Spaniel, who has a statement on his win:

"I am so honored and humbled to have won such a prestigious award!! I'd like to thank all of the Capitol Hill voters for their bi-pawtisan support, and to thank all of my opponents for making this an incredibly ruff but fun competition over the past few rounds!!," Griffey exclusively told your Huddle host in a statement.

"While this was a long and hard-fought campaign, I promise that from this day forward I will be a representative for not just King Charles Cavalier Spaniels, but for all the wonderful pups of Capitol Hill. I look forward to serving all pups and to working with my colleagues from all political parties and backgrounds to represent Capitol Hill to my fullest ability! Thank you all again. God bless Capitol Hill, and God bless America!!"

Congrats Griffey and thank you to all the amazing pups and people who participated. It brought me -- and hopefully you -- a lot of joy heading into the warmer and hopefully more normal days ahead.

2022 COMING INTO VIEW?: House Democrats have already landed on their 2022 political attack: Republicans are the party of QAnon. But now, Republicans may have found theirs: Democrats are stealing an election, Iowa's 2nd Congressional District, to hold onto their majority.

In a new letter sent yesterday afternoon, Minority Leader Kevin McCarthy (R-Calif.) called on Speaker Nancy Pelosi (D-Calif.) to "put your faith in our democracy and dismiss this partisan contest," noting that the speaker "seated Congresswoman Miller-Meeks as a Member of Congress with support from every Democratic Member." The GOP leader also blasted Democratic candidate Rita Hart for "purposefully" skipping state channels and instead seeking to appeal her loss to GOP Rep. Mariannette Miller-Meeks in the Democratic-run House.

"While the Constitution gives Congress the authority to determine its own members, it is unprecedented and antithetical to our democracy to unseat the duly elected and certified winner of a state election simply because you have the majority," McCarthy said in the letter, which was first shared with Mel, while accusing Pelosi of attempting to "manipulate the outcome" by making Miller-Meeks "prove that she won her seat, despite holding a valid election certificate."

The NRCC is also targeting Rep. Cindy Axne (D-Iowa), who represents Iowa's 3rd Congressional District, with a new radio ad that accuses the congresswoman of siding with Speaker Nancy Pelosi and Rita Hart "to overturn the will…of Iowa's voters."

But there was also an interesting development on this front yesterday, per Sarah: Democrats say Miller-Meeks has been less aggressive in her response to Hart's filings so far and they say she will need to respond in some way.

House Administration Chair Zoe Lofgren (D-Calif.) provided one example on a Democratic caucus call on Monday, noting that Miller-Meeks hasn't responded to a pair of rejected ballots that had been dropped off, rather than mailed, because of disability reasons, according to sources on the call. The ballots were unreadable by machine, but Dems say they're still admissible under state law and should have been hand-counted.

More here from Mel: https://politi.co/2PIUNQx

Related: Why transgender girls are suddenly the GOP's culture-war focus, by NYT's Jeremy Peters: https://nyti.ms/3rJ4psd

 

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GETTIN' SALTY: Rep. Tom Suozzi (D-N.Y.) became the first Democrat to publicly announce that he will oppose any tax code changes UNLESS Congress restores the full deduction for state and local taxes (SALT).

"No SALT, no deal," he said in his release. And as my colleague Sarah notes: He is not the only House Dem who feels this way. Rep. Josh Gottheimer (D-N.J.) followed suit, telling Axios he wouldn't consider Biden's tax proposals unless the admin reinstates the SALT deduction capped under Trump.

If a few other Dem members take this position -- and hold the line -- then they may have some room to push Pelosi on this matter, particularly with her majority's tight margins. Not to mention, Senate Majority Leader Chuck Schumer (D-N.Y.) is also on board with restoring the full deduction for SALT.

Related: New York business leaders push Biden, Schumer to ditch the cap on SALT deductions, by CNBC's Brian Schwartz: https://cnb.cx/31CRUn3

RECONCILABLE?: Schumer has asked the Senate parliamentarian to agree to basically reuse the same reconciliation process that Democrats used to pass Biden's Covid relief package earlier this month. If granted, our Caitlin Emma reports, "Democrats would further stretch a legislative tool that wasn't designed to accommodate the sorts of policy goals it has already been used to push past the threat of a filibuster during both Democratic and GOP-controlled Congresses."

That also means Republicans would also be able to stretch the tool if they have control of both houses of Congress and the White House. "Winning the green light for a second reconciliation run this year could embolden the current Democratic majority, as well as any party that commands every lever of government power, to muscle its priorities past partisan roadblocks by using a process that's supposed to be an exhausting lift for lawmakers. 'This is not a simple trick,' said Zach Moller, deputy director of economics at the think tank Third Way. Caitlin has more: https://politi.co/3cx317x

MEANWHILE, Rep. Richie Torres (D-N.Y.) and Sen. Jeff Merkley (D-Ore.) are pressing Biden to include "at a minimum" the following affordable housing infrastructure programs in his upcoming infrastructure package: "Guarantee Housing Choice Vouchers for all eligible Americans and convert the funding status from annual appropriations to mandatory spending; $70 billion to address the Public Housing repair backlog; $45 billion for the National Housing Trust Fund per year, of which $26 billion should be reserved for permanent supportive housing for people experiencing homelessness." More here: https://politi.co/3cARJiM

STUMPING FOR TRUMP: Alaska Sen. Lisa Murkowski is persona non grata in Trump world -- so much so that many Trump alums are helping guide the campaign of Murkowski's 2022 GOP primary opponent, Kelly Tshibaka, who served as the state's commissioner of administration.

As Alex Isenstadt reports: "Tshibaka has tapped National Public Affairs, a consulting firm made up of Trump's top 2020 campaign advisers, to help oversee her effort. Former Trump campaign manager Bill Stepien, deputy campaign manager Justin Clark and battleground states director Nick Trainer, who relaunched the firm after the presidential election, will serve as Tshibaka's senior advisers.

The candidate has also signed on Tim Murtaugh , who was communications director on Trump's reelection effort, to serve as a senior communications adviser. Mary Ann Pruitt, an Alaska-based political consultant who was a senior figure on Murkowski's successful 2016 reelection campaign, has abandoned the senator and is working for Tshibaka." More here from Alex: https://politi.co/3w8AFrX

IN OTHER CAMPAIGN NEWS: Kentucky lawmakers override veto of McConnell-backed Senate vacancy plan, by the Louisville Courier Journal's Morgan Watkins: https://bit.ly/3m6bVvH

Related: Mitch McConnell: 'I would encourage all Republican men' to get vaccinated, by CNN's Ali Zaslav: https://cnn.it/3rznfln | GOP representative-elect urges Republicans to get vaccinated after husband's coronavirus death, by The Hill's Sarah Polus: https://bit.ly/3rwONHX | Tillis to undergo surgery for prostate cancer, says doctors caught it early, by News & Observer's Brian Murphy: https://bit.ly/2QR5b9G

JAN. 6 FALLOUT: Most Capitol rioters unlikely to serve jail time, by Josh Gerstein and Kyle: https://politi.co/3m5aZIa | Capitol Police provided more than 14,000 hours of Jan. 6 footage to lawmakers, Kyle reports: https://politi.co/3suW7oR | Appropriators pressure Capitol Police to make Jan. 6 IG report public, hold press briefings, by Roll Call's Katherine Tully-McManus: https://bit.ly/3dm3BUT

 

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TRANSITIONS

Joseph Gollinger is joining the office of freshman Rep. Diana Harshbarger (R-Tenn.) as a legislative assistant. Gollinger, who is the third Trump appointee the office has hired, comes to the Hill by way of the Department of Labor, where he previously served as a legislative officer.

Olivia Elkins, a legislative correspondent for Rep. Eric Swalwell (D-Calif.), is heading to the Senate side to join the office of Sen. Patty Murray (D-Wash.) as a legislative aide.

Izzy Olive is also leaving Swalwell's office to join Trident DMG next week as an Account Manager.

Jaymi Light is joining Cigna as a government affairs principal. She previously was health policy director for Sen. Todd Young (R-Ind.).

TODAY IN CONGRESS

The House will meet at 9 a.m. for a pro forma session.

The Senate will convene for a 10 a.m. pro forma session.

AROUND THE HILL

Pretty quiet.

TRIVIA

MONDAY'S WINNER: Pat Bieze was the first person to correctly guess that the traditionally conservative New Hampshire Union Leader doesn't usually endorse candidates in the Democratic primary. But in 2020, the UL endorsed Sen. Amy Klobuchar. Before Senator Klobuchar, who was the last Democratic primary candidate the UL endorsed was Connecticut Sen. Joe Lieberman.

TODAY'S QUESTION: From Pat: Name the three Supreme Court Justices that, during their tenure on the Court, authored the most opinions.

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answer to obeavers@politico.com.

GET HUDDLE emailed to your phone each morning.

Follow Olivia on Twitter: @Olivia_Beavers

 

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