Daily Brew: December 13, 2018

December 13, 2018

   ← Dec 12

Dec 14 →   

Get your daily cup of news

Email *

Please complete the Captcha above

Today's Brew covers Pence's recent vote + a new definition of waters of the United States   Welcome to the Thursday, December 13 Brew. Here’s what’s in store for you as you start your day: Kobes confirmed to serve on Eighth Circuit after historic vice presidential tie-breaking vote Boysko (D) and May (R) face off in Virginia State Senate special election EPA proposes a new definition of waters of the United States Kobes confirmed to serve on Eighth Circuit after historic vice presidential tie-breaking vote The U.S. Senate confirmed the nomination of Jonathan Kobes to the United States Court of Appeals for the 8th Circuit Tuesday. Vice President Mike Pence (R) cast the tie-breaking vote after senators tied 50-50 on the nomination. It was the first time a vice president has needed to break a tie for a judicial confirmation in U.S. history, according to CBS News. The tied vote occurred after Sen. Jeff Flake (R-Ariz.) joined all 49 Senate Democrats to oppose the nomination. Flake said on November 14 that he would oppose any judicial nominations until the Senate voted on legislation to limit the authority to fire special counsels to senior Justice Department officials. President Donald Trump (R) nominated Kobes to the seat in June. Kobes is the fourth Trump nominee to be confirmed to the Eighth Circuit, which has appellate jurisdiction over district courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. Of those four, he is the second to receive a not qualified rating from the American Bar Association (ABA). ABA Federal Judiciary Chairman Paul Moxley wrote, "The Committee believes that Mr. Kobes has neither the requisite experience nor evidence of his ability to fulfill the scholarly writing required of a United States Circuit Court Judge." Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) said the ABA was politicizing the nomination. Natalie Krings, a spokeswoman for Kobes' previous employer, U.S. Sen. Mike Rounds (R-S.D.), said of the rating, "The ABA's use of limited criteria when assessing nominees is well known. Jon's qualifications to be a circuit judge speak for themselves." During his hearing before the Senate Judiciary Committee, Kobes said of his record, "My experience is atypical. I have served in all three branches of government and I have significant and diverse real-world legal experience: as a prosecutor, a private-practice attorney, an in-house counsel, and an adviser to a United States senator. In my view, the breadth of my legal experience over the last 18 years uniquely qualifies me for a position on the Eighth Circuit." Learn more Boysko (D) and May (R) face off in Virginia State Senate special election Virginia State Sen. Jennifer Wexton (D) defeated U.S. Rep. Barbara Comstock (R) in Virginia's 10th Congressional District last month and will resign from the state Senate on January 8. State Del. Jennifer Boysko (D) and former state Del. Joe T. May (R) are running in the special election to fill the seat. Republicans hold a 21-19 majority in the chamber and all 40 seats are up for election in 2019. Virginia could become a Democratic state trifecta if Democrats take control of the state Senate and the state House of Delegates, where Republicans have a 51-49 majority. Boysko received Wexton’s endorsement and won a firehouse primary with 82 percent of the vote. A firehouse primary is a primary election that is administered by a political party as opposed to state authorities. May, who served in the state House of Delegates for 20 years, previously ran for the seat in a 2014 special election as an independent. He came in third with 9.8 percent of the vote. The district has been represented by a Democrat since 2006. Learn more→ EPA proposes a new definition of waters of the United States The Environmental Protection Agency (EPA) announced Tuesday a proposed rule that would replace the definition of “waters of the United States” under the Clean Water Act set by the Obama administration in 2015. The EPA aims to clarify the difference between federally protected waterways and state protected waterways, which it says will help landowners determine whether they need a federal permit to do projects on their property. President Donald Trump (R) signed an executive order on February 28, 2017, that directed the EPA to review the 2015 Obama administration rule and then either rescind or revise it. The executive order directed the agency to make a rule that kept US navigable waters “free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.” Proposed rules are preliminary versions of a prospective federal agency regulation. If an agency determines that a new regulation is necessary, the agency develops a proposed rule for publication in the Federal Register. After a period of public comment, the agency may determine to revise the proposed rule, abandon the proposal, or move forward to the final rule stage of the rulemaking process. Stay on top of administrative changes like this with our monthly Checks and Balances newsletter. Learn more about the waters of the United States rule→