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Daily Brew: May 28, 2019

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May 28, 2019

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Today's Brew highlights a dispute over high-speed rail funding between California and the federal government + Senate confirms Trump’s 41st appellate court judge  
The Daily Brew

Welcome to the Tuesday, May 28, Brew. We hope you had a wonderful Memorial Day weekend! Here’s what’s in store for you as you start your day:

  1. Federal government cancels $929 million high-speed rail grant to California
  2. Senate confirms Trump's sixth appeals judge to the Ninth Circuit
  3. Missouri voters to decide on term limits for certain state executives.

#BallotTrivia

Quiz: Which state passed a ballot initiative in 1986 to match federal observance of Memorial Day?

I hope you had a great Memorial Day yesterday with family and friends, and I also hope you took time to recognize the men and women who have sacrificed their lives for this nation.

Congress made Memorial Day the last Monday in May via legislation in 1971.

Which state approved a ballot initiative in 1986 to follow suit?

Federal government cancels $929 million high-speed rail grant to California

The U.S. Department of Transportation (DOT) canceled $929 million in grants issued to the California High Speed Rail Authority for construction of a high-speed rail system between Los Angeles and San Francisco. The agency canceled the funding last week after Gov. Gavin Newsom’s (D) stated during his State of the State speech in January that California should direct its focus on developing a high-speed rail project from Bakersfield to Merced instead.

In announcing its decision, the Federal Railroad Administration issued a statement: “California has abandoned its original vision of a high-speed passenger rail service connecting San Francisco and Los Angeles, which was essential to its applications for FRA grant funding.” DOT officials also announced that they were “actively exploring every legal option to seek the return from California of $2.5 billion in Federal funds” that were previously granted and spent. The federal government said that California failed to make reasonable progress on the project.

Newsom’s administration has estimated that the high-speed rail project connecting San Francisco and Los Angeles would cost approximately $77 billion. It projects that connecting Bakersfield to Merced will cost $20.4 billion and be completed between 2026 and 2030.

The California High Speed Rail Authority filed a federal lawsuit Tuesday challenging the DOT decision. Newsom announced Wednesday he had reached an agreement with the Trump administration that the DOT will not commit the $929 billion to another project elsewhere while the state’s lawsuit is being heard by the courts.

We initially reported this story in the March 2019 edition of our newsletter covering the administrative state, the Checks and Balances Letter. If you want to learn more about court decisions, legislation, and executive branch activity at the federal and state levels related to the separation of powers, due process and the rule of law, click the link below to subscribe for free to the monthly newsletter.

Senate confirms Trump's sixth appeals judge to the Ninth Circuit

The Senate confirmed Daniel Collins to the United States Court of Appeals for the 9th Circuit Tuesday along party lines, 53-46. Collins will be the sixth judge on that court appointed by President Trump (R).

The Ninth Circuit is the nation’s largest federal appellate court with 29 active judges. After Collins and Kenneth Kiyul Lee—who was confirmed by the Senate last week—officially join the court, the Ninth Circuit will have 16 judges appointed by Democratic presidents, 11 judges appointed by Republican presidents, and two vacancies. Trump nominated Daniel Bress to fill one of those vacancies in February.

The Senate has now confirmed 112 of President Trump’s judicial nominees—69 district court judges, 41 appeals court judges, and two Supreme Court justices. The 40 appeals court judges appointed by President Trump through May 15 of the third year of his presidency is the highest number of any president since Harry Truman.

Click the link below to read our overview of the number of federal judges appointed by each president, a historical comparison of presidential judgeship appointments from 1933 to 2017, and a comparison of appointments over time by president and court type from 1945 to 2019.

Missouri voters to decide on term limits for certain state executives

Voters in Missouri will decide a constitutional amendment in 2020 to limit state executive officials to two terms. The state constitution currently limits the governor and state treasurer to two terms. This measure would add that limit to the lieutenant governor, secretary of state, state auditor, and attorney general. The amendment also states that if someone serves in an acting capacity for more than two years of a term to which some other person was elected, than he or she can only be elected to that office once. None of the current officeholders have been in office for more than two terms.

Missouri’s constitution limits the number of terms state legislators can serve under Amendment 12, which was approved by voters in 1992 with 75% of the vote. Legislators are prohibited from serving more than eight years in either the state House or state Senate, or a total of 16 years in both chambers. Missouri is one of 15 states where legislators are subject to term limits.

The measure was sponsored by Sen. Tony Luetkemeyer (R), who told the Missouri Times, “The voters of Missouri have made it clear they emphatically support term limits. This measure will bring consistency to our term limits for all state officials and prevent them from becoming career politicians.”  Luetkemeyer was first elected in 2018, defeating Martin Rucker II (D) with 52.5% of the vote in the general election. We reported on Luetkemeyer’s race in our June 18, 2018, Heart of the Primaries newsletter. Before he advanced to the general election, Luetkemeyer was involved in a three-candidate primary for the Republican nomination. Partway through the race, one of the candidates, a Democratic-Party elected official, withdrew after the local Republican committee filed a lawsuit to remove him from the ballot.

Sen. Ed Emery (R), who opposed the amendment in the legislature, told the Springfield News-Leader that certain executive offices, like the auditor and attorney general, require experience and shouldn’t be term limited like other offices. He said, "We want people in there who are experienced and know the job and know what they’re doing. I do think that those are a little different categorically and functionally than those top executive positions."

The amendment passed the state Senate by a 31-3 vote and was approved by the state House 114-32.

Thirty-six states impose constitutional or statutory limitations on the number of terms the governor can serve. Some states also impose this limit on other state elected officials while other states have term limits for some officials but not others.


See also