| | | | |  | | By Eli Okun | Presented by The National Association of REALTORS® | |  | THE CATCH-UP | | BREAKING — “NBC News plans to drop ex RNC-chair RONNA McDANIEL as a paid contributor,” Puck’s Dylan Byers reports.
|  Justice Neil Gorsuch and others sounded disinclined to go too broad in the mifepristone case. | Olivier Douliery/AFP via Getty Images | SCOTUS WATCH — Hearing its second blockbuster abortion case in three years, the Supreme Court today seemed unlikely to crack down on nationwide access to mifepristone, with a majority of justices sounding skeptical notes about the challengers’ standing and other aspects of the case. The latest from Alice Miranda Ollstein and Josh Gerstein The arguments: Doctors who oppose abortion rights and the Alliance Defending Freedom seemed to have convinced only Justice SAMUEL ALITO that they had the grounds to sue over the FDA’s rules changes in recent years that increased access to the abortion drug. “Do you think the FDA is infallible?” Alito asked. He and Justice CLARENCE THOMAS both focused a lot on the 19th-century Comstock Act and whether it would prohibit such pills from being shipped through the mail. Several conservative justices also began by questioning the safety of the pills, a good sign for abortion opponents. But Chief Justice JOHN ROBERTS, Justices NEIL GORSUCH and AMY CONEY BARRETT, and others ultimately leaned toward a potentially narrow ruling as they raised questions about standing. Gorsuch sounded disinclined to go too broad, calling the case “a prime example of turning what could be a small lawsuit into a nationwide legislative assembly on an FDA rule.” And he criticized “a rash of universal injunctions” by lower courts. More from the NYT on the standing question Justice KETANJI BROWN JACKSON worried about whether courts should be intervening in scientific decisions made by regulators. Experts — and even the WSJ editorial board yesterday — have warned that a decision against the FDA could upend the approval process for many drugs, as CNN’s Meg Tirrell and Tierney Sneed report. But legal conservative advocates saw this case as another great vehicle for the Supreme Court to further roll back the powers of the administrative state, NYT’s Adam Liptak and Abbie VanSickle note. The step back: The stakes are high, given that a national crackdown on mifepristone could affect every state, even those where abortion access remains legal. Since the Supreme Court overturned Roe v. Wade in 2022 and many red states banned abortion, the use of mifepristone and misoprostol has skyrocketed to account for the majority of American abortions. A decision is expected in June. Knowing ERIN HAWLEY: NYT’s Elizabeth Dias and Abbie VanSickle and WSJ’s Laura Kusisto both profiled the law professor and ADF rising star arguing for the anti-abortion doctors, a former Roberts clerk and millennial evangelical mom who’s also the wife of Sen. JOSH HAWLEY (R-Mo.). “Ms. Hawley views the cause as similar to her fights against government interference, rooted in her experience of ranch life,” the Times writes. ICYMI: Kathy Gilsinan’s memorable POLITICO Magazine profile of Hawley from last month is worth your time. BALTIMORE LATEST — Six people are still missing in the wake of the devastating collapse of the Francis Scott Key Bridge in Baltimore after a ship hit it overnight. Officials said today that there was no evidence of the incident being intentional or a terror attack, despite conspiracy theorists quickly circulating speculation online. Because the ship’s crew alerted that they’d lost control, authorities closed the bridge to traffic before it was hit, likely saving lives. The missing men are construction workers who were on the bridge at the time of impact; two others were saved from the water. The federal response is likely to kick into gear quickly. President JOE BIDEN said in brief remarks just now that he plans to visit the site soon, and in addition to the search and rescue effort, he wants to reopen the port and rebuild the bridge “as soon as humanly possible.” Biden said he intended for the federal government to cover the full cost of rebuilding, and expected Congress to oblige. On the Hill, members of Congress are expecting a supplemental spending request to come soon, Fox News’ Chad Pergram reports. That’s the kind of emergency response that sailed through Congress in a different political era, as Punchbowl’s Jake Sherman notes. But how easy it’ll be in 2024 — given that Congress is in recess and Speaker MIKE JOHNSON just angered conservatives over spending — remains to be seen. HEATING UP IN ARIZONA — “Trump co-defendant Michael Roman subpoenaed, Kenneth Chesebro interviewed in Arizona 2020 election probe,” by ABC’s Olivia Rubin and Will Steakin HEATING UP ON WALL STREET — “Trump’s social media company soars in its first day of trading on Nasdaq,” AP Good Tuesday afternoon. Thanks for reading Playbook PM. Drop me a line at eokun@politico.com.
| | | | A message from The National Association of REALTORS®: The National Association of REALTORS® is fighting for housing affordability and availability before Congress.
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That’s why REALTORS® are focused on fixing the affordable housing crisis and bringing relief to the American people. See our bipartisan plan at flyin.realtor. | | | | | 7 THINGS YOU NEED TO KNOW | | |  If the U.S. complies with the British high court’s request, Julian Assange’s next hearing would come in May. | Frank Augstein, File/AP Photo | 1. NOT OVER YET: British judges ruled today that JULIAN ASSANGE’s extradition to the U.S. can be delayed further as he appeals, if U.S. officials don’t address some of the legal concerns he’s raised about his treatment stateside, per the BBC’s Ian Aikman. The narrow ruling gives American officials three weeks to provide sufficient reassurances that Assange will have normal First Amendment rights and not face the death penalty, as the WikiLeaks founder stares down the prospect of an espionage trial. If the U.S. complies with the High Court’s request, Assange’s next hearing would come in May. 2. SERIOUS ETHICS QUESTIONS: “Qatari royal invested about $50 million in pro-Trump network Newsmax,” by WaPo’s David Kenner, Sarah Ellison and Jonathan O’Connell: “Newsmax had been looking for outside investors to better compete with its much larger rival, Fox News, according to people who spoke at the time with its founder and CEO, CHRISTOPHER RUDDY. Before and after the [2019/2020] investment, senior newsroom leaders urged Newsmax staff to soften coverage of Qatar, current and former employees said. A representative for Newsmax strongly disputed that the network ‘slanted coverage to be favorable to Qatar,’ and that Ruddy had told staff not to criticize the country.” 3. HAILING HALEY: One of the most consequential questions for November is whether NIKKI HALEY’s primary voters stick with DONALD TRUMP as the party nominee or defect to Biden. Yet Trump has pointedly not reconciled with Haley or tried to win over her base, NYT’s Shane Goldmacher and Maggie Haberman note. Biden has started to test which messages will appeal most to Haley voters, but Trump’s team is confident that barreling forward into the Biden-Trump rematch will naturally bring most people back into the typical GOP fold. From Columbia, S.C., AP’s Meg Kinnard and Thomas Beaumont find many Haley voters torn — some veering toward Biden, some returning to Trump and others undecided. Haley donors are in wait-and-see mode. 4. DEMOCRATS’ REACH STATES: As Biden and VP KAMALA HARRIS head to North Carolina today, Democrats are increasingly hoping they can turn the state into the party’s best offensive opportunity, NBC’s Allan Smith and Shaquille Brewster report from Fayetteville. Dems cite not only the state’s close 2020 margin and shifting demographics, but also a new abortion ban and GOP primary voters’ decision to nominate some of the country’s most controversial and extreme statewide candidates. Biden and Harris today will focus on health care to draw a contrast with Republicans, The News & Observer’s Luciana Perez Uribe Guinassi and Dawn Baumgartner Vaughan preview. But Texas looks pretty out of reach for Biden in a new Marist survey, which finds Trump with a big advantage, 55% to 44%. GOP Sen. TED CRUZ leads Democratic Rep. COLIN ALLRED, 51% to 45%.
| | | | YOUR GUIDE TO EMPIRE STATE POLITICS: From the newsroom that doesn’t sleep, POLITICO's New York Playbook is the ultimate guide for power players navigating the intricate landscape of Empire State politics. Stay ahead of the curve with the latest and most important stories from Albany, New York City and around the state, with in-depth, original reporting to stay ahead of policy trends and political developments. Subscribe now to keep up with the daily hustle and bustle of NY politics. | | | | | 5. CASH DASH: “The RNC’s Fundraising Hole Is Even Deeper Than It Looks,” by The Daily Beast’s Roger Sollenberger and Reese Gorman: “A lot of the RNC’s recent fundraising — millions of dollars of it — is unusable for political spending. Instead, that money can only support a limited range of activities. (As luck would have it, much of that money can be spent on Donald Trump’s legal bills, potentially even to help pay down the judgments against him.) … [I]t’s unclear whether the RNC can keep up the pace [of its election lawsuits] without sacrificing other political priorities.” The RNC responded that they’ll raise the money they need to win the election. 6. ALL EYES ON AMLO: “Who Could Sway the Outcome of the U.S. Election? Mexico’s President,” by NYT’s Natalie Kitroeff, Zolan Kanno-Youngs and Paulina Villegas: “[T]he White House has worked hard to preserve [ANDRÉS MANUEL] LÓPEZ OBRADOR’s cooperation. The administration says publicly that its diplomacy has been a success. But behind closed doors, some senior Biden officials have come to see Mr. López Obrador as an unpredictable partner, who they say isn’t doing enough to consistently control his own southern border or police routes being used by smugglers … In Mexico, officials say they have reached the limit of what they are able to achieve in the face of an extraordinary influx.” 7. BY THE NUMBERS: Our colleagues Matt Berg, Rosmery Izaguirre and Sean McMinn are up with an in-depth analysis of the mentions of the Israel-Gaza war and Russia’s war in Ukraine by both Biden and congressional leaders over the two years since the Ukraine war broke out. “The data show from January to Oct. 7, 2023, the day of the Hamas attacks on Israel, Biden was mentioning Ukraine about 32 times per month. After the attack, through January 2024, it dropped to fewer than 22 times per month. It picked back up in February 2024, as Congress reignited the debate about including a supplemental aid package for both Kyiv and Israel. … “The data for Congress, collected through press releases for the top four party leaders in each chamber, shows similar trends of lawmakers devoting more words to Israel right after Oct. 7. But it also shows a notable uptick in mentions of Ukraine among certain lawmakers after the Hamas attack as well as stark differences between political parties.”
| | | | SUBSCRIBE TO GLOBAL PLAYBOOK: Don’t miss out on POLITICO’s Global Playbook, the newsletter taking you inside pivotal discussions at the most influential gatherings in the world, including WEF in Davos, Milken Global in Beverly Hills, to UNGA in NYC and many more. Suzanne Lynch delivers the world's elite and influential moments directly to you. Stay in the global loop. SUBSCRIBE NOW. | | | | | | | PLAYBOOKERS | | Jamaal Bowman backpedaled on having called reports of Hamas’ sexual violence “propaganda” in November. Jeffrey Clark is facing an ethics hearing this week over his 2020 election actions. David McCormick went up with the first ad of his Senate campaign. Jared Kushner’s business deals are coming under scrutiny from House Dems. FIRST IN PLAYBOOK — Arc Initiatives is launching a new department, Arc Research, which will grow the firm to include targeted political, issue advocacy and corporate research services. New hires include Madhur Bansal as a senior director (most recently VP of research at EMILY’s List), Will Davis as a director and Michael Ebert as an associate. Advisers will include Atanu Chakravarty and Kendall Witmer. TRANSITION — Kaleb Froehlich has rejoined Holland & Hart as a senior policy adviser. He most recently was chief of staff to Sen. Lisa Murkowski (R-Alaska). Did someone forward this email to you? Sign up here. Send Playbookers tips to playbook@politico.com or text us at 202-556-3307. Playbook couldn’t happen without our editor Mike DeBonis, deputy editor Zack Stanton and Playbook Daily Briefing producer Callan Tansill-Suddath.
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