Wednesday, December 4, 2024

SCOTUS sounds ready to back Tennessee trans law

Presented by Tobacco-Free Kids Action Fund: POLITICO's must-read briefing on what's driving the afternoon in Washington.
Dec 04, 2024 View in browser
 
POLITICO Playbook PM

By Eli Okun

Presented by 

Tobacco-Free Kids Action Fund
THE CATCH-UP

In another flurry of announcements, President-elect DONALD TRUMP named several new picks for prominent posts in his administration:

  • White House counsel shuffle: After first picking WILLIAM McGINLEY, Trump is now elevating DAVID WARRINGTON for the top White House counsel role. Warrington was previously counsel for the Trump campaign and has represented Trump for years. McGinley will be counsel to the so-called Department of Government Efficiency panel instead.
  • PETER NAVARRO returns: The former top White House trade aide and prominent protectionist, who went to jail for contempt of Congress, will be back as senior counselor for trade and manufacturing. 
  • PAUL ATKINS for SEC chair: The GOP financial veteran and CEO of Patomak Global Partners is likely to steer the agency in a crypto-friendly direction, with a lighter regulatory touch for the banking industry. 
  • JARED ISAACMAN is Trump’s nominee for NASA administrator, elevating the billionaire leader of Shift4. Isaacman has traveled to space as a private astronaut and is close with ELON MUSK. 
  • GAIL SLATER for assistant AG for DOJ’s Antitrust Division: The aide to VP-elect JD VANCE is seen as a “tough” enforcer, per the FT.
  • MICHAEL FAULKENDER for deputy Treasury secretary: He’s a finance professor, America First Policy Institute figure and former Paycheck Protection Program implementer. 

And more: DAN DRISCOLL for Army secretary … ADAM BOEHLER for special presidential envoy for hostage affairs … MONICA CROWLEY for chief of protocol … Trump also asked MICHAEL WHATLEY to return as RNC chair.

WASHINGTON, DC - DECEMBER 04: Transgender rights supporters and opponent rally outside of the U.S. Supreme Court as the high court hears arguments in a case on transgender health rights on December 04, 2024 in Washington, DC. The Supreme Court is hearing arguments in US v. Skrmetti, a case about Tennessee's law banning gender-affirming care for minors and if it violates the   Constitution’s equal protection guarantee. (Photo by Kevin Dietsch/Getty Images)

The Supreme Court's conservative supermajority sounded ready today to preserve a Tennessee ban on gender-related medical care for children. | Kevin Dietsch/Getty Images

SCOTUS WATCH — In the marquee case of its term, the Supreme Court today sounded inclined to uphold Tennessee’s ban on minors receiving gender transition-related medical care. Details from Reuters

Several of the conservatives in the court’s supermajority had tough questions for Solicitor General ELIZABETH PRELOGAR and the ACLU’s CHASE STRANGIO, who were challenging the Tennessee law. Chief Justice JOHN ROBERTS suggested that it might not be best for the courts to wade into issues with fast-changing scientific/medical consensus, citing the Covid-19 pandemic and indicating that state legislatures were a more appropriate venue to work them out. Justice SAMUEL ALITO questioned whether gender-affirming care’s costs outweigh its benefits.

The plaintiffs argued that the ban should be subject to stricter scrutiny under the 14th Amendment’s equal protection clause, and Prelogar asked the justices to beware serious harms for minors who can’t transition. She warned that upholding Tennessee’s law could pave the way for a national ban. But Justice BRETT KAVANAUGH said some people could be harmed either way — transgender kids or people who later regret transitioning. He questioned the ruling’s impact on girls’ and women’s sports. And Tennessee Solicitor General J. MATTHEW RICE argued that state legislators had the right to pass the ban.

The court’s three liberals seemed amenable to the plaintiffs’ arguments — and concerned about Roberts’. Justice KETANJI BROWN JACKSON said she was “suddenly quite nervous” that the justices would sidestep a constitutional question just because they don’t have medical expertise: “I’m worried that we’re undermining the foundation of some of our bedrock equal protection case.”

Notably silent: Justice NEIL GORSUCH, who authored a surprise landmark 2020 decision expanding transgender rights, asked no questions. That was the only significant instance of the Supreme Court addressing the issue before today. Roberts was the only other conservative to join him four years ago. But there’s one fewer liberal on the court now.

Real-world impact: “For Families of Transgender Children, Tennessee’s Ban Forces Hard Choices,” by NYT’s Emily Cochrane in Nashville

Good Wednesday afternoon. Thanks for reading Playbook PM. Drop me a line at eokun@politico.com.

 

A message from Tobacco-Free Kids Action Fund:

E-cigarettes have gone from bad to worse. They are hooking kids with fun flavors, more nicotine than ever and even built-in video games. Some vapes have as much nicotine as 20 packs of cigarettes. Almost all are illegal. To protect kids, the FDA and other federal agencies must act now to remove illegal products from the market and stop them from being imported into the U.S. Learn more.

 
9 THINGS YOU NEED TO KNOW

Pete Hegseth, President-elect Donald Trump's nominee for secretary of defense, is seen with his wife, Jennifer Rauchet, as they walk to a meeting on Capitol Hill Dec. 3, 2024. (Francis Chung/POLITICO via AP Images)

Defense Secretary-designate Pete Hegseth is not backing down. | Francis Chung/POLITICO

1. FOR PETE’S SAKE: Defense Secretary-designate PETE HEGSETH worked to save his bid to lead the Pentagon today, even as senators expressed concerns and more reports emerged about potential replacements.

Hegseth said Trump told him this morning to “keep going, keep fighting,” he recounted to reporters, per Joe Gould, Anthony Adragna and Connor O’Brien. “I’ve always been a fighter,” Hegseth added. He’s continuing to meet with key senators, and crucial GOP votes told reporters that upcoming conversations will be critical as Hegseth faces allegations of sexual misconduct, alcohol problems and more. Hegseth’s new WSJ op-ed

Appearing on Fox News this morning, Hegseth’s mom PENELOPE said he’s “changed” since the scorching email she wrote him in 2018: “He doesn’t misuse women.” She said she’d apologized for the email hours after she sent it.

Key senators signaled there’s still work to do. “The allegations are very, very serious. They can’t be trivialized,” said Sen. KEVIN CRAMER (R-N.D.), per CBS’ Scott MacFarlane. “There are hard questions being raised, so he’ll have to answer those,” said Senate Majority Leader-elect JOHN THUNE.

And beyond Florida Gov. RON DeSANTIS and Sen. JONI ERNST (R-Iowa), buzz is building about other possible replacements for Hegseth: national security adviser pick MICHAEL WALTZ, per NBC’s Matt Dixon, Courtney Kube and Rebecca Shabad; ELBRIDGE COLBY, per Punchbowl’s Andrew Desiderio; and Rep. WESLEY HUNT (R-Texas), per Sarah Ferris. (That would reduce House Republicans’ margin even further.)

More reading: “Hegseth has a history of supporting controversial policies involving the military,” by CNN’s Em Steck and Andrew Kaczynski … “US military takes pride in religious diversity. Would things change if Pete Hegseth takes charge?” by AP’s Peter Smith

2. 2026 WATCH: Detroit Mayor MIKE DUGGAN is jumping into the Michigan gubernatorial race — but he’s running as an independent, not a Democrat, he tells AP’s Corey Williams. Having helped turn his city around post-bankruptcy, Duggan would be a big name in what may be a crowded Democratic primary to succeed term-limited Gov. GRETCHEN WHITMER. But he says he wants to offer Michigan a choice beyond the binary, and that he could lead Lansing better as an independent. A third-party bid gives the longtime pol an outsider imprimatur — despite his decades of experience in office as a Democrat in Wayne County, and his close ties to the Biden administration — but it carries significant vote-splitting risk for Dems. Announcement video

That didn’t take long: Michigan Secretary of State JOCELYN BENSON, who is widely assumed to be considering a gubernatorial run, subtweeted Duggan’s announcement, pointedly stating that she is “proud to be a Democrat.”

3. PARDON ME: Could Trump give clemency to EDWARD SNOWDEN? He narrowly decided against it in his first term, but several key figures in his orbit are advocates for a pardon, including MATT GAETZ, ROBERT F. KENNEDY JR., TULSI GABBARD and DONALD TRUMP JR., WaPo’s Michael Scherer reports. The MAGA wing of his party that is deeply skeptical of the country’s intelligence apparatus, including former Democrats poised for Cabinet roles under Trump, thinks Snowden deserves a reprieve for his massive leak of surveillance info — and perhaps other leakers like JACK TEIXEIRA as well.

 

REGISTER NOW: As the 118th Congress ends, major decisions loom, including healthcare appropriations. Key focus: site neutrality. Can aligning hospital and clinic costs cut federal spending, reflect physician costs, and lower patient expenses? Join policymakers and providers to discuss.

 
 

4. SCRUTINIZING THE NOMINEES: Energy secretary-designate and oil executive CHRIS WRIGHT has cited scientific research to contend that the world does not actually face a climate crisis despite warming temperatures. There’s just one problem: The authors of those very studies tell WaPo’s Evan Halper and Peter Whoriskey that he’s misrepresenting their findings, cherry-picking evidence and reaching inaccurate conclusions. His longtime contrarianism about climate change — like arguing that storms aren’t getting worse — and his “prescriptions have relied on misconstruing scientific work, according to researchers whose work Wright has cited.” Wright declined to comment for the story.

Related read: NYT’s Lisa Friedman runs down the spectrum of views on climate change among the folks in Trump’s incoming administration. They have ranged from denial to labeling climate change an “existential” problem — but nearly all of them back policies that will worsen it.

KRISTI NOEM “Is Kristi Noem ready to run FEMA? South Dakota flood victims doubt it,” by WaPo’s Peter Jamison and Isaac Stanley-Becker in North Sioux City: Noem’s selection as DHS secretary “alarms victims of one of the most serious disasters to affect Noem’s state during her six years as governor. … [M]any fault Noem for overseeing a response to the catastrophic June floods that they describe as disorganized, delayed and often simply nonexistent. Although she urged people in a development several miles away to move to safety, Noem did not order or even suggest that residents of McCook Lake evacuate their homes, leaving people to scramble for their lives.” Noem’s spokesman didn’t respond for the story.

Related read: “FEMA officials worry Trump will divert disaster aid to the border,” by Thomas Frank

KASH PATEL“Trump’s pick for FBI director promoted bogus supplements to ‘reverse’ vaccines,” by NBC’s Aria Bendix: “Patel plugged the supplements in posts on Truth Social … in February and April. ‘Mrna detox, reverse the vaxx n get healthy,’ he wrote in one post, tagging the company Warrior Essentials … Warrior Essentials is one of many companies that trade on unfounded theories about the dangers of vaccines.” Patel’s representative didn’t respond for the story.

5. JOHNSON’S LATEST PLANS: Speaker MIKE JOHNSON is eyeing a continuing resolution to keep the government open that would extend funding to late March, Punchbowl’s Jake Sherman, John Bresnahan and Mica Soellner report. GOP leaders in both chambers are hoping to land a deal on the stopgap bill this week. Notably for D.C. locals, he sounds supportive of paving the way for a new Washington Commanders stadium in the city via language in the CR. But he rejected including Ukraine aid, per Jordain Carney. Johnson also told Sherman that he thinks Congress won’t have to raise the debt limit until next summer.

6. NOMINEE SHUFFLE: With CHAD CHRONISTER out for Drug Enforcement Agency administrator, outgoing Rep. ANTHONY D’ESPOSITO (R-N.Y.) is making a bid to replace him, Axios’ Andrew Solender reports. The former police officer from Long Island is working to line up law enforcement backing to pitch himself for the drug-fighting agency.

7. WITH FRIENDS LIKE THESE: “Before DOGE, Ramaswamy spent years attacking Musk for ties to China,” by CNN’s Andrew Kaczynski and Winter Hawk: VIVEK RAMASWAMY has “frequently referr[ed] to Musk as a ‘circus monkey’ and a puppet for the Chinese Communist Party. … Ramaswamy’s own words could be used by critics to question Musk’s role as a government cost-cutter … Ramaswamy said his past attacks on Musk came before they had ever met. ‘We aired some of these issues the first time we spoke,’ he said in a statement. … ‘I love him and respect the hell out of him, and I’m proud to call him a friend.’”

8. IMMIGRATION FILES: Trump border czar TOM HOMAN talked to Texas Gov. GREG ABBOTT about constructing facilities to hold immigrants on land the state bought on the Rio Grande, NBC’s Laura Strickler and Courtney Kube report. Declaring a national emergency could allow the Trump administration to use the land, with the National Guard potentially erecting tents — building out important infrastructure for Trump’s mass deportation plans. Texas bought the land in October and has suggested leasing it to the federal government.

9. THE TAXMAN COMETH: “Closing asset loophole can raise $100 billion in taxes, Treasury now says,” by WaPo’s Julie Zauzmer Weil: “Months after saying it expects to collect at least $50 billion over the next decade by stopping large business partnerships from manipulating the taxable value of assets or depreciating the same assets repeatedly for tax deductions, the Treasury Department has quietly updated its forecast to more than $100 billion. … The IRS’s pledge to go after the practice known as ‘basis shifting’ has made waves among accountants … Some of them say that the true amount of taxes avoided far dwarfs even the $100 billion figure.”

 

Billions in spending. Critical foreign aid. Immigration reform. The final weeks of 2024 could bring major policy changes. Inside Congress provides daily insights into how Congressional leaders are navigating these high-stakes issues. Subscribe today.

 
 
PLAYBOOKERS

Tammy Duckworth asked Donald Trump to back more IVF coverage in the NDAA.

Jamie Raskin is getting closer to beating Jerry Nadler for House Judiciary.

Michael Waltz is meeting with Ron Dermer.

Jamie Foxx is on the Hill to advocate for Down syndrome research.

Richard Blumenthal slammed big airlines.

Pete Buttigieg recommends that you don’t check your bags when flying.

OUT AND ABOUT — SPOTTED at the “Passport POLITICO Holiday Party” last night: acting HUD Secretary Adrianne Todman, CFPB Director Rohit Chopra, North Dakota Gov.-elect Kelly Armstrong, Sens. Katie Britt (R-Ala.) and Amy Klobuchar (D-Minn.), Reps. Gabe Amo (D-R.I.), Rob Menendez (D-N.J.), Mike Lawler (R-N.Y.), Bryan Steil (R-Wis.), Darrell Issa (R-Calif.), Don Bacon (R-Neb.) and Glenn Grothman (R-Wis.), Ernie Apreza, Jon Banner, Ron Bonjean, Amy Brandwein, Annie Clark, Corinne Day, Gloria Dittus, Reema Dodin, Adrienne Elrod, Elizabeth Falcone, Terri Fariello, Sam Feist, Amanda Finney, Hannah Fraher, Kate Frischmann, Christopher Gindlesperger, Aaron Golds, Matt Gorman, Morgan Gress, Matthew Haller, Xochitl Hinojosa, John Hishta, Kasie Hunt, Maria Teresa Kumar, Shannon McGahn, Steve McMahon, Rodell Mollineau, Kristen Morgante McMahon, Maryam Mujica, Michael Parrish, Maria Pica, Manu Raju, Shadawn Reddick-Smith, Shannon Ricchetti, Edward Roman, Alex Schriver, Saloni Sharma, Kevin Slagle, Scott Sloofman, Kimball Stroud, Puru Trivedi and Robert Zirkelbach.

— Sam Brown held his first event since his election loss on Monday night at the Nixon Library in Yorba Linda, California, where he spoke to about 250 people, including major donors and Nixon Foundation board members. Brown was introduced by Nixon Foundation CEO Jim Byron, read a portion of his new book and talked about finding ways to continue his mission after his loss. SPOTTED: Michael Antonovich, Jolynn and Patrick Mahoney, and Wayne Scott.

MEDIA MOVES — Steve Russolillo is joining Business Insider as chief news editor. He previously has spent 17 years at the WSJ, most recently as head of breaking news. … Benjy Sarlin is leaving his role as Washington bureau chief for Semafor. … Gabby Miller is joining POLITICO to author the Morning Tech newsletter. She previously was a staff writer at Tech Policy Press.

TRANSITIONS — Mitchell Rivard will be chief of staff for Rep. Jason Crow (D-Colo.). He most recently was chief of staff for Rep. Dan Kildee (D-Mich.) and is a Nancy Pelosi, Hillary Clinton and Jennifer Granholm alum. … Eli Cain is joining the Carbon Removal Alliance as a senior policy manager. He most recently was at the Department of Energy's National Renewable Energy Laboratory.

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.

 

A message from Tobacco-Free Kids Action Fund:

Advertisement Image

Parents are pleading: FDA must protect kids. Over 1.6 million kids use e-cigarettes. Nearly 90% use flavored products. Clear the market of illegal vapes now.

 
 

Follow us on Twitter

Rachael Bade @rachaelmbade

Eugene Daniels @EugeneDaniels2

Ryan Lizza @RyanLizza

Eli Okun @eliokun

Garrett Ross @garrett_ross

 

Subscribe to the POLITICO Playbook family

Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Ottawa Playbook  |  Brussels Playbook  |  London Playbook

View all our politics and policy newsletters

Follow us

Follow us on Facebook Follow us on Twitter Follow us on Instagram Listen on Apple Podcast
 

To change your alert settings, please log in at https://login.politico.com/?redirect=https%3A%2F%2Fwww.politico.com/settings

This email was sent to edwardlorilla1986.paxforex@blogger.com by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA

Unsubscribe | Privacy Policy | Terms of Service

No comments:

Post a Comment

Power Trends+: Revealing the Best and Worst Stocks in Our Quantum Edge System

  December 4, 2024 Power Trends+: Revealing the Best and Worst Stocks in Our Quantum Edge System We have a little ...