🤫 High court auditions

Plus: Damaging 1/6 leaks | Tuesday, April 26, 2022

Open in app View in browser   Presented By AHCA/NCAL   Axios Sneak Peek By the Axios Politics team · Apr 26, 2022 Welcome back to Sneak. The coronavirus reached a heartbeat from the presidency. Smart Brevity™ count: 1,110 words ... 4 minutes. Edited by Glen Johnson.     1 big thing: Supreme Court auditions Illustration: Aïda Amer/Axios   A number of young and prominent Trump-appointed judges are writing their opinions with provocative language, diving into the culture wars in ways offering an audition for a future Supreme Court opening, Axios' Sophia Cai reports. Why it matters: Most judges who are would-be justices try to avoid controversy, preserving themselves for a confirmation hearing. But with the specter of former President Trump mounting another run for office, their opinions may not only create opportunity but curry favor with the person who could fulfill their ambitions. During his term, Trump had tremendous impact on the federal bench. He appointed 234 judges who will rule on some of the most consequential issues for decades to come. One of them, 35-year-old Kathryn Kimball Mizelle, recently — and single-handedly — struck down the federal mask mandate on public transportation. What we're watching: James Ho, 45, sitting on the 5th U.S. Circuit Court of Appeals, has called abortion a "moral tragedy." In his very first opinion about campaign finance, he wrote extrajudicially: "If you don't like big money in politics, then you should oppose big government in our lives." Lawrence VanDyke, 49, serving on the 9th U.S. Circuit Court of Appeals, mocked his colleagues by suggesting, at one point, they "could easily just delegate this part of the opinion to our interns." Judge Kyle Duncan, 47, also serving on the 5th U.S. Circuit Court of Appeals, willfully misgendered a trans woman. Duncan refused to revise her name on court documents on technical grounds. But, but, but: Judges appointed by Democrats aren't immune to rhetorical flourishes. Newly confirmed Supreme Court Justice Ketanji Brown Jackson did so in a U.S. District Court ruling that Trump's former White House counsel Don McGahn must comply with the congressional subpoena. "Presidents," she wrote, "are not kings." Keep reading.     2. Leaks undermine 1/6 committee's made-for-TV plan Illustration: Aïda Amer/Axios   The Jan. 6 committee's very intentional effort to build suspense for its made-for-TV hearings is being undercut by a deluge of media leaks, writes Axios' Alayna Treene. Why it matters: The public now has an incomplete picture of the committee's closed-door work through a combination of court filings and leaks of thousands of documents and private conversations. In addition, they undercut what Axios has learned was a committee goal: building drama, mystery — and widespread public interest — ahead of hearings slated for June and the release of its report later this summer. What we're hearing: Committee members and their staff are growing anxious about the torrent of leaks. They fear they'll breed complacency in a country already distracted by inflation, Ukraine and the lingering coronavirus pandemic, sources familiar with the talks tell Axios. A related concern: regaining public interest now that former President Trump and his red-hot rhetoric are no longer daily fixtures in their lives. Democrats on the Hill are getting flashbacks to the Mueller investigation, they say. People anticipated a political bombshell but ended up with what was deemed, "The Blockbuster That Wasn't." Enough was leaked and released piecemeal over the two-year investigation the public had already processed most of its significant findings during dozens of separate news cycles. The final report lacked punch. What they're saying: Committee staff pointed Axios to earlier comments by Rep. Bennie Thompson (D-Miss.), the panel's chair. "[B]efore too long, our findings will be out in the open. We will have public hearings. We will tell this story to the American people. But we won't do it piecemeal. We'll do it when we can tell the story all at once, from start to finish, not leave anyone guessing and not allowing it to fade into the memories of last week's news." Keep reading.     3. Mapped: Emergency powers Data: Brennan Center for Justice; Map: Kavya Beheraj/Axios Martial law has been declared over 60 times in the nation's history but not by a president since 1864, according to extensive research from the Brennan Center reviewed by Axios' Alexi McCammond. Why it matters: It's a widely misunderstood law that's gotten more attention in the Trump era — most recently after leaked texts from the Jan. 6 committee's investigation showed Rep. Marjorie Taylor Greene (R-Ga.) discussing whether then-President Trump should have invoked it following the Capitol riot. Invoking martial law in times of national emergency or violent civil unrest essentially puts the military in charge. That declaration allows laws to be enforced by soldiers instead of local police, puts policy decisions in the hands of military officers and brings accused criminals in front of military tribunals — not civilian courts. Be smart: The Brennan Center's comprehensive report "concludes that under current law, the pres­id­ent lacks any author­ity to declare martial law." State officials have the power to make this declaration, but it remains inconclusive whether Congress can authorize a president to do so. That's because the Supreme Court "has never clearly indic­ated whether the pres­id­ent could unilat­er­ally declare martial law or if Congress would first need to author­ize it," the center explains. History shows that governors have declared martial law more often than the federal govern­ment. Don't forget: Back in December 2020, Axios' Jonathan Swan reported that Trump officials were getting increasingly worried about the president's perceived power grab. They cited murmurs about martial law from former national security adviser Michael Flynn.     A message from AHCA/NCAL Frontline workers deserve our support     The pandemic has taken a toll on our frontline caregivers in long-term care. The results: This workforce crisis has impacted access to care for seniors and their families — and policymakers must step up to help. It's time for solutions. Learn more.     4. Worthy of your time Ashish Jha completed his transformation from outside medical professional to government insider today when the White House coronavirus response coordinator addressed the daily press briefing. Photo: Saul Loeb/AFP via Getty Images   📞 The White House Legislative Affairs team briefed senior congressional staff this afternoon about how they're preparing for when Title 42, the pandemic-era policy enabling the U.S. to turn away migrants, is lifted at the end of May, Alayna has learned. 🔫 Rep. Madison Cawthorn (R-N.C.), in what's become a regular pattern, was cited for having a loaded handgun at an airport in Charlotte, North Carolina, according to local outlet WSOC-TV9, Axios' Andrew Solender reports in the remainder of tonight's Sneak roundup. 💬 Senate Majority Leader Chuck Schumer, asked during a news conference if he has confidence in 88-year-old Sen. Dianne Feinstein's (D-Calif.) ability to serve amid reports of her cognitive decline, said, "I've had a good number of discussions with Senator Feinstein, but I am keeping them to myself." 🗳️ Rep. Henry Cuellar (D-Texas), who faces a runoff primary with progressive challenger Jessica Cisneros, announced plans to campaign with House Majority Whip Jim Clyburn. Cuellar's also been endorsed by House Speaker Nancy Pelosi. 🦠 Deborah Birx, who served as the Trump administration's COVID-19 coordinator, told ABC News she was "paralyzed" when the former president mused about injecting some sort of "disinfectant" to treat coronavirus during a White House briefing. 📱 Jason Miller, CEO of the right-wing social media platform GETTR, isn't among the conservatives hailing billionaire Elon Musk's plans to purchase Twitter. Miller said on Newsmax, "Instead of trying to fix the unfixable, let's focus on building up new platforms."     5. Tweet du jour Via Twitter   The CEO of D.C. communications shop Seven Letter notes the social distancing claimed after high-level coronavirus exposures.     A message from AHCA/NCAL Support frontline heroes now     The pandemic has taken a toll on our nation's caregivers, resulting in a staffing crisis and nursing home closures. It's up to policymakers to support those serving on the frontlines in long-term care and protect seniors' access to care. Learn more.   📬 Thanks for reading tonight! Please tell your family, friends and colleagues they can subscribe to Sneak or any of Axios' other free local and national newsletters through this link. Like this email style and format? It's called Smart Brevity®. Over 200 orgs use it — in a tool called Axios HQ — to drive productivity with clearer workplace communications.   Axios thanks our partners for supporting our newsletters. If you're interested in advertising, learn more here. Sponsorship has no influence on editorial content. 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