Wednesday, January 26, 2022

🤫 SCOTUS battle plan

Plus: Dems' political lifeline | Wednesday, January 26, 2022
 
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Axios Sneak Peek
By the Axios Politics team ·Jan 26, 2022

Welcome back to Sneak. A midterm year just gained extra weight.

Smart Brevity™ count: 769 words ... 3 minutes. Edited by Glen Johnson.

 
 
1 big thing: SCOTUS battle plan

Illustration: Rebecca Zisser/Axios

 

Conservatives know they're unlikely to stop President Biden from filling the Supreme Court vacancy. But they plan to use the confirmation fight to target Senate Democrats who face competitive re-election fights.

Between the lines: The strategy will be to tie Dems to positions that are political liabilities in states like Arizona, Georgia and New Hampshire, where incumbents are seeking re-election this year, an operative briefed on early strategy talks told Axios' Lachlan Markay.

  • Gun control, abortion, education policy and COVID mitigation measures are potential issues to hit.
  • The operative, who requested anonymity to share details of the strategy, said to expect substantial broadcast advertising targeting specific senators, with likely expenditures into the millions.
  • Conservative groups are looking to squeeze every bit of political advantage out of the process before this fall's midterms.

In addition to advertising and direct advocacy, a substantial opposition research effort has also kicked into gear.

  • America Rising, a Republican research outfit, had already begun compiling research dossiers on potential Biden picks before Justice Stephen Breyer's retirement news broke.
  • "That includes financial disclosures, employment records and federal/state nomination files," a source familiar with the research told Axios.

Keep reading.

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2. Dems' political lifeline
Illustration of scales of justice with a Supreme Court chair weighing one side down

Illustration: Eniola Odetunde/Axios

 

Propelling a historic pick onto the Supreme Court is a potential lifeline for the Democratic Party, Axios' Alexi McCammond writes.

Why it matters: Democrats are smarting from political losses in Congress, the president's abysmal approval ratings and a potential Supreme Court vote to overturn Roe v. Wade. They also face big midterm losses.

  • Now, they get to talk about the importance of the court, and the base-friendly issue of preserving abortion rights.
  • The party and its supporters also are poised to celebrate the first Black woman on the court, a campaign pledge President Biden intends to keep, the White House press secretary said today.

What they're saying: "We've been anticipating a tough fight and, frankly, a significant loss at the Supreme Court," NARAL president Mini Timmaraju told Axios in an interview.

  • "But being able to have a win on this nomination and support the president's pledge to nominate a Black woman Supreme Court justice is the kind of motivation we need right now to keep up the fight."

Keep reading.

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3. Charted: Kyiv conversation
Data: Quorum; Chart: Will Chase/Axios

Mentions of Ukraine or Ukrainian President Volodymyr Zelensky in congressional statements and social media posts have been on the rise — with nearly 1,000 already this month, Axios' Stef Kight writes from Quorum data.

Why it matters: The growing threat of a Russian invasion has been mirrored by a growth in Ukraine-related chatter.

By the numbers: Sen. Rob Portman (R-Ohio) has talked about Ukraine on the floor and in press releases, posts and constituent newsletters more than anyone else.

  • He's done so at least 151 times since last January.
  • This morning, he took to Twitter urging Germany to do more:

Democratic Sens. Chris Murphy (D-Conn.) and Jeanne Shaheen (D-N.H.) both made the top four.

  • Portman, Murphy and Shaheen all traveled to Kyiv to meet with Zelensky earlier this month.
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4. Talking democracy with Justice Breyer
Supreme Court Justice Stephen Breyer is seen during an interview with Axios' Margaret Talev.

Justice Stephen Breyer speaks with Axios' Margaret Talev. Photo: "Axios on HBO"

 

In February 2020 — weeks before COVID became a pandemic and months before Donald Trump's supporters stormed the U.S. Capitol — Justice Breyer agreed to sit for an interview with Margaret Talev for "Axios on HBO."

Why it matters: Amid the instant analysis today about the political effects of his retirement, Talev's mind returned to their conversation — and a speculative question she'd asked about the next presidential election.

Flashback: Margaret recounts here what she asked: If the Supreme Court ever had to step in again to resolve a presidential election, was he confident the American people would peacefully accept the results — as had been the case in Bush v. Gore?

  • "You never know," he said, two times in a row. After the 2000 decision, "There were no riots in the streets. There were no paving stones thrown. There were no guns."

The justice said some who disagreed with the ruling might argue the merits of some rioting, but he disagreed: "Before you conclude that that's right, turn on your television set and see what happens in countries who decide their controversies that way. And I think an understanding of that pervades the public."

  • "There is a lot of work that's gone into" preserving and repairing American democracy, he told me then. "There was a civil war. There were 80 years of segregation. There have been lots of ups and downs in this country. And, OK, we've got over them ... and I think the rule of law has gotten stronger."
  • Parts of our conversation made it to air, with the pandemic overtaking the news; other parts did not.

Keep reading.

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5. Pic du jour
The Supreme Court pillars are seen from below.

Photo: Chip Somodevilla/Getty Images

 

The focal point in Washington shifted.

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🐫 Well, that was some Hump Day! Thanks for reading. A reminder that your family, friends and colleagues can subscribe to Sneak or any of Axios' other free local and national newsletters through this link.

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