Monday, April 17, 2023

Into the jungle of Judiciary moves

A play-by-play preview of the day’s congressional news
Apr 17, 2023 View in browser
 
POLITICO Huddle

By Katherine Tully-McManus

Senate Majority Leader Chuck Schumer (D-N.Y.) speaks during a press conference.

Do you want a seat on Judiciary? | Francis Chung/POLITICO

Congress is making a big comeback. Both chambers are back in action today with hefty to-do lists and high profile action expected, both in Washington and New York City today.

THE FINESSE OF FILLING FENSTEIN’S SEAT — The Senate returns to Washington with some pressing questions top of mind: How will Democrats try to replace Sen. Dianne Feinstein (D-Calif.) on the Senate Judiciary Committee, and with who?

Senate Majority Leader Chuck Schumer (D-N.Y.) is expected to put forward a resolution this week that would name a new Democratic member to the Judiciary Committee, a move that does require Republican buy-in. Committee assignments are typically approved by unanimous consent at the start of each Congress, but this is different.

Sen. Tom Cotton (R-Ark.) has already said he isn’t interested in assisting Democrats in their attempt to replace Feinstein on the panel. Even a single objection would throw the resolution into filibuster territory, where Democrats would need 10 Republican votes to approve the change.

It’s an auspicious moment for Senate Minority Leader Mitch McConnell’s return. He’s been out since March after a fall left him with a concussion and other injuries, but was already spotted at the Capitol, in a Friday casual look, late last week.

Depending on how Democrats approach the committee change, McConnell could bring his institutionalist position to the table or the hardball he deployed when the then-GOP majority resisted filling a Supreme Court vacancy.

Republicans have made preserving conservative court picks an issue critical to their base. And as our friends at Playbook report, McConnell may do everything in his power to block President Joe Biden's nominees for the bench.

The reality is that at the beginning of a Congress, committee assignments have been regarded as sacrosanct and under the sole control of each party’s conference. “You just don’t screw with a conference or caucus’ decision” on committee assignments, one longtime Senate aide told Huddle. But that might not hold true this time, because a mid-stream change holds the burden of all the political fights swirling around it.

Feinstein has requested that a colleague “temporarily serve” on Judiciary until she is able to resume her duties, but a short-term fix may be tough to execute.

One option Schumer has is to simply expand the margin that Democrats hold on Judiciary to allow an additional Democrat to serve and then relinquish the slot upon Feinstein’s return. But that seems to be one of the least palatable proposals for Senate Republicans. Another option is for Feinstein to send a letter to the Senate requesting to be relieved of her duties on the panel, but with promises of regaining her seat when she comes back. But that would require a second GOP filibuster gauntlet.

“I spoke with Sen. Feinstein, and she hopes to be back soon,” Schumer said Sunday night.

Depending on whoever Schumer names as the new Democrat for Judiciary, there is also the potential for a domino effect among Democrats. If Schumer’s pick to fill Feinstein’s seat has already maxed out their spots on prime committees, they may have to give up their seat on a different panel to join Judiciary. And that vacancy would also have to be filled. And reversing a cascade of committee changes would also be a headache, if the Judiciary swap will truly be temporary.

 

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GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Monday, April 17, where NYC is feeling a little like 1785 … when it was the Capital city.

HUDDLE’S MOST CLICKED FROM LAST WEEK: The Capitol Police arrest update on marijuana possession in a House office building, followed by Rep. Dan Crenshaw’s video about boycotting Bud Light.

REPUBLICANS IN THE BIG APPLE — It’s a big day of Congressional action in New York City.

Debt limit dance: First up, Speaker Kevin McCarthy (R-Calif.) is giving a speech at the New York Stock exchange on the debt ceiling, which is expected to reach a crisis point later this year. McCarthy’s pitch for a “responsible” debt ceiling increase will preview a fresh proposal for debt limit negotiations, although his stance is expected to remain the same: that House Republicans won’t back a debt limit solution that doesn’t include steep spending cuts. But he’ll be laying out some of those cuts.

SNAP on the table: McCarthy’s proposal will include major restrictions on food assistance for millions of low income Americans, something that isn’t likely to survive in the Senate. The plan, as Meredith Lee Hill reports, is to expand the ages of people who need to work in order to participate in the Supplemental Nutrition Food Assistance Program.

Related reads: Fiscal crisis nears as McCarthy takes debt ceiling plan to Wall Street, from Tony Romm at The Washington Post; Chip Roy, Pivotal in House Speaker Talks, Braces for Fight on Debt Ceiling, from Natalie Andrews at The Wall Street Journal; Stolen, cloned and sold: Inside the digital black market for SNAP benefits, from Brenna Smith, Nick Thieme and Brenda Wintrode at The Baltimore Banner

Judiciary takes Manhattan: The House Judiciary Committee, led by Chair Jim Jordan (R-Ohio), holds a field hearing today on crime policies in New York City. Republicans plan to lay blame for what they describe as “lawlessness” at the feet of Manhattan District Attorney Alvin Bragg, who led the indictment of former President Donald Trump. The NYPD reported earlier this month that violent crimes including shootings and murders have fallen every month this year.

Democrats are billing the hearing as a stunt to amplify GOP anger at Bragg for indicting former President Donald Trump. Dems are counterprogramming, with a press conference ahead of the hearing featuring ranking member Jerry Nadler (D-N.Y.), New York Mayor Eric Adams and leading gun safety advocates.

Related reads: How Jim Jordan, a Fighter Aligned With Trump, Wrestled His Way to Power, from Luke Broadwater at The New York Times; Trump’s House GOP allies take fight to Manhattan DA’s turf, from Michael R. Sisak at The Associated Press

COMING FROM INSIDE THE HOUSE — Sen. Thom Tillis (R-N.C.) and Rep. Dan Crenshaw (R-Texas) want to ban their own colleagues from using TikTok. The pair, joined by 15 other Republican lawmakers, wrote a letter calling on leaders of the Senate Rules Committee and the Committee on House Administration to rein in use of the app by their fellow lawmakers.

“It is troublesome that some members continue to disregard these clear warnings and are even encouraging their constituents to use TikTok to interface with their elected representatives – especially since some of these users are minors,” Tillis and Crenshaw wrote in their request for a ban to be enshrined in the rules of each chamber.

Your Huddle host has the full story: GOP lawmakers put new pressure on colleagues to quit TikTok

Related reads: Biden and Congress want to ban TikTok. At this point it may be impossible, from Brendan Bordelon; Some Democrats worry crackdown on TikTok could hurt party, from Meryl Kornfield at The Washington Post

 

The McCain Institute will convene its 10th annual Sedona Forum on May 5-6, featuring lawmakers, journalists, military leaders, business executives, and more. This year’s theme, “Indispensable Power,” will examine the diplomatic, military, and economic means employed to protect democracy, human rights, and the global competitive edge. Established by Senator John McCain, the Sedona Forum is held each spring in the red rock country of Sedona, Arizona, to advance the mission of the McCain Institute – fighting for democracy, human dignity, and security. Visit TheSedonaForum.org to register for the livestream today.

 
 

FETTERMAN’S RETURN — Sen. John Fetterman’s (D-Pa.) step away from Capitol Hill two months ago, and his return today mark, landmark advances in how official Washington regards mental health.

“The reaction has been, overall, a shocking and pleasant surprise to Fetterman’s team, which worried about their boss and felt anxious about how the public would respond to revelations that he suffers from depression,” writes Myah Ward.

More on what has driven the shift in how mental health is regarded, from experts and lawmakers who bowed out of politics in order to seek the help they needed.

A sweet detail: Sen. Katie Britt’s (R-Ala.) team sent cookies and brownies almost weekly to Fetterman’s team while he was in treatment.

HUDDLE HOTDISH

Catch him at Coachella… You better believe that the first Gen Z member of Congress was on stage at Coachella.

QUICK LINKS 

ICYMI: Up close in Taiwan with the Republican who compared Xi to Hitler, from Olivia in Taipei

House set to vote on measure to block D.C. police accountability bill, from Megan Flynn at The Washington Post

Texas Rep. Tony Gonzales, punished for moderate votes, builds his own brand as a pragmatist in D.C., from Benjamin Wermund at the San Antonio Express News

TRANSITIONS

Kyle Sanders is joining Thorn Run Partners starting today. He previously was deputy chief of staff for Sen. Thom Tillis (R-N.C.).

Leela Najafi is leaving Schumer’s office, where she’s been nominations director. She’s joining a startup financial firm in NYC. 

Samantha Russell is now a research analyst at the Financial Technology Association. She previously was a policy adviser at the House Rules Committee.

TODAY IN CONGRESS

The House convenes at 2 p.m. First and last votes are expected at 6:30 p.m.

The Senate convenes at 3 p.m to resume consideration of Radha Plumb’s nomination to be a deputy under secretary of Defense.At 5:30 p.m., the chamber will vote on a motion to invoke cloture on Plumb’s nomination.

AROUND THE HILL

4 p.m. House Rules Committee meets to consider two measures, including a bill to amend Title IX to define someone’s sex solely by their reproductive biology and genetics at birth. (H-313)

6 p.m. McCarthy, Majority Leader Steve Scalise (R-La.) and GOP Conference members hold an event on 100 days of holding the House majority. (Upper West Terrace)

TRIVIA

FRIDAY’S WINNER: Tim Yehl correctly answered that Sen. Ben Nighthorse Campbell (R-Colo.) captained the U.S. Judo team in the 1964 Olympics. Sen. Bill Bradley (D-N.Y.) played on the Gold Medal U.S. basketball team at those same games.

TODAY’S QUESTION: Which three members of Congress ran the Boston Marathon in 2014?

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

GET HUDDLE emailed to your phone each morning.

Follow Katherine on Twitter @ktullymcmanus

 

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