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Daily Brew: March 15, 2019

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March 15, 2019

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Today's Brew highlights recent moves by the Senate to confirm judicial nominees + Texas constitutional amendment proposals, and an update on a key Los Angeles BOE race

  
The Daily Brew

Welcome to the Friday, March 15 Brew. Here’s what’s in store for you as you start your day:

  1. The Senate confirmed two Trump nominees to key circuit court positions
  2. Texas legislators proposed 213 constitutional amendments for the 2019 ballot
  3. A special election for LAUSD District 5 is still uncalled and possibly headed to a runoff

Trump’s 35th and 36th circuit court nominees confirmed this week

The Republican-controlled Senate confirmed two high-profile judicial nominees to U.S. Court of Appeals positions this week, the 35th and 36th circuit judge confirmations of his presidency.

The 3rd Circuit Court of Appeals, which covers Delaware, New Jersey, and Pennsylvania, will have seven Republican appointees, six Democratic appointees, and one vacant seat following the confirmation of Paul Matey Tuesday.

Matey was nominated to the 3rd Circuit by President Trump in April 2018 and was confirmed by the Senate on March 12 in a 54-45 vote. All Republicans and Sen. Joe Manchin (D-W.Va.) voted for Matey, while all other Democrats opposed him.

Matey was the second circuit court judge to be confirmed without blue slip approval from his home-state senators, Bob Menendez (D) and Cory Booker (D) of New Jersey. Senate Judiciary Committee Chairman Lindsey Graham (R-S.C.) ended the blue slip approval requirement for circuit court judges after taking the committee gavel in January 2019.

On Wednesday, the Senate confirmed Office of Information and Regulatory Affairs Administrator Neomi Rao to the District of Columbia Court of Appeals, which is considered the country’s second most powerful court.

The Senate voted 53-46 to confirm Rao, with all Republicans supporting her and all Democrats opposed. Trump nominated Rao to fill the seat vacated by now-Supreme Court Justice Brett Kavanaugh in November 2018.

The D.C. Circuit Court of Appeals, which has jurisdiction over the D.C. Circuit, will have seven Democratic appointees and four Republican appointees once Rao joins the court.

Throughout the first two years of Trump’s presidency, the Senate has confirmed 91 of his judicial nominees. The Senate confirmed 334 Barack Obama (D) nominees, including 49 circuit court judges, and 340 George W. Bush (R) nominees, including 61 circuit court judges, during their respective eight-year presidencies.

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Texas legislators propose 213 constitutional amendments for 2019 ballot

Texas state legislators filed 213 constitutional amendments for the 2019 regular legislative session before the filing window closed March 8. Republicans, who control 57 percent of state legislative seats in Texas, filed 111 (52.1 percent) of the constitutional amendments. Democrats filed 102 (47.9 percent).

Amendments approved by a two-thirds vote in each chamber before the session ends on May 27 will appear on the 2019 general election ballot. Neither party has held a two-thirds majority in both legislative chambers over the last three decades.

Between 2009 and 2017, state legislators filed an average of 187 constitutional amendments during regular legislative sessions and approved an average of nine (4.7 percent). If the average is applied to the 213 constitutional amendments filed in 2019, 10 will make the ballot.

Voters approved 145 of 159 (91.2 percent) of constitutional amendments between 1995 and 2018. Turnout in odd-year elections in Texas averaged 11 percent—39 percentage points lower than the average turnout in even-numbered years.

Texas citizens do not have the power to initiate statewide initiatives or referendums. Voters rejected a constitutional amendment to provide for the initiative and referendum process in 1914.

Special election for Los Angeles BOE seat still undecided

Provisional ballots are still being counted in the special election for Los Angeles Unified School District Board of Education District 5, which took place on March 5.

As of March 12, Jackie Goldberg had 48.2 percent of the vote. She needs 50 percent to win the election outright and avoid a May 14 runoff. Without a majority of the vote, Goldberg will face Heather Repenning or Graciela Ortiz in the runoff. Repenning had 13.1 percent and Ortiz had 13.0 percent as of the most recent count. The final ballots will be tallied Friday, and a recount is possible.

Following the 2017 elections, the board had four members supported by the California Charter Schools Commission (CCSC) and three members supported by United Teachers Los Angeles (UTLA), the city’s teachers union. District 5 member Ref Rodriguez, a CCSC supporter, resigned in July 2018 after pleading guilty to a felony conspiracy charge and four misdemeanor counts of reimbursing campaign donors.

The special election to fill Rodriguez’s seat could flip the balance of power from its current 3-3 split between the CCSC and the UTLA. The UTLA backed Goldberg in the special election, and she and Repenning have said they support holding charter schools to the same standards as public schools. Ortiz has not expressed support for or opposition to charter schools.


See also

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