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The Federal Tap: 2018 elections in Texas start to shape up
From Ballotpedia
December 15, 2017Issue No. 93
THE WEEK IN REVIEW
Saturday, December 9
James J. Brady, Louisiana federal judge, dies at 73
- Federal judge James J. Brady died at the age of 73, following a brief illness. He was nominated to the United States District Court for the Middle District of Louisiana by President Bill Clinton (D) in 1999 and confirmed by the Senate in 2000. He assumed senior status on December 31, 2013. Brady was also active in Democratic Party politics, serving as a delegate to presidential nominating conventions in the 1980s and 1990s.
Poll in Texas’ 21st Congressional District race shows Republican Francisco Canseco leading
- A poll commissioned by Fight for Tomorrow, an Austin-based PAC, and conducted by Cygnal had Republican candidate Francisco Canseco leading the field of candidates running for Texas’ 21st Congressional District with 22.4 percent support. Former state Rep. Harvey Hilderbran (R) came in second with 14.1 percent, and businessman and Republican Matt McCall placed third with 10.6 percent. The seat is open for the first time since 1987, when outgoing Rep. Lamar Smith (R) was first elected.
Iraqi prime minister declares victory over Islamic State terrorist group
- Iraqi Prime Minister Haider al-Abadi declared victory over the Islamic State terrorist group (ISIS). He said, “Honorable Iraqis, your land has been completely liberated. The liberation dream has become a reality. We achieved victory in difficult circumstances and with God’s help, the steadfastness of our people and the bravery of our heroic forces we prevailed. The flag of Iraq is flying high today over all Iraqi territory and at the farthest point on the border.” The announcement formally marked the end of more than three years of combat operations against ISIS.
- Lt. Gen. Paul E. Funk II, commander of Combined Joint Task Force - Operation Inherent Resolve, congratulated the Iraqi government, adding, "Much work remains, and we will continue to work by, with and through our Iraqi partners to ensure the enduring defeat of Daesh and prevent its ability to threaten civilization, regionally and globally." The Combined Joint Task Force - Operation Inherent Resolve has been working with Iraqi Security Forces and Syrian opposition groups to fight ISIS since October 2014.
Sunday, December 10
Judge denies Trump administration’s request to prevent transgender people from joining the military
- Judge Colleen Kollar-Kotelly denied the Trump administration’s request to delay her earlier injunction against denying admission to transgender individuals into the military. She ordered that transgender recruits be allowed to join the military beginning January 1, 2018.
- In response to the ruling, the Justice Department filed an emergency request with a Washington, D.C.-based federal appeals court asking to keep the ban in place.
- White House press secretary Sarah Huckabee Sanders said that the Pentagon is “preparing to implement a previous policy to remain in compliance” with Kollar-Kotelly’s order.
- On August 25, 2017, President Donald Trump signed a presidential memo instructing the U.S. Department of Defense (DoD) to prevent transgender people from enlisting in the military and requested that the department develop a plan to implement the ban by March 23, 2018. The memo also directed the DoD to stop paying for gender reassignment surgeries, unless the surgeries were already in progress. Trump directed Secretary of Defense James Mattis to decide how to handle transgender people currently serving in the armed forces.
Texas filing period comes to a close
- The deadline passed for Texas candidates to file for the 2018 elections. However, official candidate lists are still unavailable in most races. In Texas, candidates file with party chairs, not with the secretary of state's office directly. The party chairs then have five days to review filings before they are required to pass those on to the secretary of state. Parties are later required to submit their final ballot order for each race to the secretary of state by December 21, 2017. The final primary candidate list is then populated using that information. Ballotpedia will provide more in-depth analysis on those filings once that information becomes available.
- Eight of Texas’ 36 congressional seats are open in 2018 (22.2 percent). Comparatively, in 2016 and 2012 there were two open seats in Texas, and in 2014 there was only one. There are currently 37 open U.S. House seats in the country, meaning that Texas makes up 21.6 percent of open seats in the country while only accounting for 8.3 percent of the total number of congressional districts. In 2016, 40 members of the U.S. House did not seek re-election (9.2 percent). There are also fewer uncontested races than in recent history. At least one Democratic candidate filed in all 36 districts in 2018, while the Democratic Party fielded candidates in 28 districts in 2016. The Republican Party fielded a candidate in 33 districts in 2018, down from the 34 in 2016.
- The candidate filing process varies from state to state. This can result in shorter or longer delays between the passage of the filing deadline and the release of an official candidate list. In some states, candidates file directly with local or state elections offices in order to run for office. In other states, such as Texas, candidates file with political party officials or campaign finance regulatory agencies instead. For example, in Virginia, party candidates who file to run in a primary election must file two forms with the state department of elections, a filing fee with the local treasurer's office, and two other forms with the political party chair.
Tuesday, December 12
Trump signs NDAA for fiscal year 2018
- President Donald Trump signed the National Defense Authorization Act (NDAA) for fiscal year 2018. It authorizes $626.4 billion for the base defense budget and $65.7 billion for Overseas Contingency Operations. It includes a 2.4 percent pay raise for service members, an increase of 20,000 active duty and reserve troops, a $4.4 billion increase for missile defense programs, and an increase in the numbers of ships, planes, and other military equipment. The NDAA passed the Senate on November 15, 2017, by voice vote. It passed the House by a vote of 356-70 on November 14, 2017. It is the 56th consecutive year that Congress has passed the defense policy bill. The NDAA establishes the spending levels and policies for the Department of Defense, but it does not appropriate funding. Lawmakers will need to strike a deal to raise spending caps put in place by the 2011 Budget Control Act to pass an appropriations bill for the amount requested in the NDAA. Current law limits defense spending to $549 billion during this fiscal year.
- During the bill signing ceremony, Trump said, “In recent years, our military has undergone a series of deep budget cuts that have severely impacted our readiness, shrunk our capabilities, and placed substantial burdens on our warfighters. And great warfighters they are. History teaches us that when you weaken your defenses, you invite aggression. The best way to prevent conflict or be -- of any kind -- is to be prepared, and really be prepared. Only when the good are strong will peace prevail. Today, with the signing of this defense bill, we accelerate the process of fully restoring America's military might.” Trump also praised members of Congress for passing the bill with “overwhelming bipartisan support” and called on Congress to eliminate the defense sequester and pass a clean appropriations bill.
Jones becomes first Democrat elected to the U.S. Senate from Alabama since 1992
- Former U.S. attorney Doug Jones (D) defeated former Alabama Supreme Court Chief Justice Roy Moore (R) in the U.S. Senate special election in Alabama by a margin of 1.5 percentage points. It was the only congressional special election in 2017 to result in a flipped seat, and the first Senate race in Alabama won by a Democratic candidate since 1992. The state has been represented by two Republican senators continuously since 1997 when Howell Heflin (D), who was first elected to office in 1976, retired.
- Moore refused to concede and released a video statement the following day, where he argued that the United States was being overcome by immorality. “We are indeed in a struggle to preserve our republic, our civilization and our religion and to set free a suffering humanity. Today, we no longer recognize the universal truth that God is the author of our life and liberty. Abortion, sodomy and materialism have taken the place of life, liberty and the pursuit of happiness,” Moore said. He added that the race was not over, and that he was waiting on military and provisional ballots to be counted and the election results certified by the state. Alabama Secretary of State John Merrill said on Tuesday night that it was highly unlikely that the final count would change the election outcome.
- After the election, party leaders and journalists tried to explain the causes and consequences of Jones defeating Moore. Frequently mentioned issues included the sexual misconduct and assault allegations against Moore, the involvement of Senate Majority Leader Mitch McConnell (R-Ky.) and former White House chief strategist Steve Bannon in the race, discontent with the Republican Party, and Democratic coalition-building.
- See also: United States Senate special election in Alabama, 2017
Senate confirms Steven Grasz to Eighth Circuit
- On Tuesday, the U.S. Senate voted 50-48 to confirm Steven Grasz to a seat on the United States Court of Appeals for the 8th Circuit. The Eighth Circuit hears appeals from courts in North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Missouri, and Arkansas. The vote fell along party lines, with Republican Senators John McCain (Ariz.) and Thad Cochran (Miss.) not voting. Grasz was one of four Trump nominees rated not qualified by the American Bar Association (ABA). The ABA's ratings have been the subject of controversy in recent months. Conservatives have criticized the ABA of being a partisan organization. Ed Whelan, a conservative constitutional law scholar, called the ABA’s report of their rating of Grasz “feeble beyond the point of incompetence.” Both of Grasz's home state senators, Deb Fischer (R) and Ben Sasse (R), gave speeches on the floor criticizing the rating. In his speech, Sasse challenged the line of questioning used in the ABA’s interview with Grasz, including specific inquiries into why Grasz’s children attend a religious school. “I don’t know what that has to do with someone’s competence, man or woman, to sit as an objective judge on a court of appeals, and yet the interviewers decided they should go there,” Sasse said.
- Grasz is the second of President Trump's nominees to the Eighth Circuit to be confirmed this year; the Senate Judiciary Committee held hearings on a third nominee, David Stras, on November 29. Judge Ralph Erickson was confirmed to the court earlier this year. Grasz will join the court upon taking his judicial oath and receiving his judicial commission. He will fill one of two current vacancies on the court. Under Article III of the U.S. Constitution, Grasz will be commissioned to serve a life term on the court.
- Grasz is the 17th of President Trump's Article III life-term judicial nominees to be confirmed this year. As of December 12, there are 43 nominees to life-term judicial positions awaiting a final confirmation vote in the U.S. Senate.
Wednesday, December 13
Minnesota Gov. Dayton (D) appoints Lieutenant Gov. Tina Smith (D) to fill Al Franken’s seat
- Minnesota Gov. Mark Dayton (D) announced that he had selected Lieutenant Gov. Tina Smith (D) to replace Al Franken in the U.S. Senate. Franken announced on December 7 that he would resign his seat due to sexual misconduct allegations against him. At the press conference where Dayton announced Smith as his appointee, Smith said she would run in a special election to fill Franken’s complete term, which ends in January 2021. The special election will either be held in November 2018 or November 2019 depending on whether Franken resigns before or after May 29, 2018. At least seven additional Democrats, including U.S. Rep. Keith Ellison (D), and five Republicans, including former Minnesota Gov. Tim Pawlenty (R), have been mentioned in media outlets as potential special election contenders.
- Smith has served as lieutenant governor since she and Dayton were elected on the same ticket in 2014. Prior to her election, she had served as Dayton’s chief of staff since 2011. Media outlets speculated before Dayton’s announcement that Smith would be chosen as the temporary senator because she would not choose to run in the special election.
- Franken’s resignation was prompted by sexual harassment allegations brought against him by eight women. After the seventh accuser’s allegations were reported by Politico on December 6, 35 of Franken’s colleagues in the Senate Democratic Caucus, including Minority Leader Chuck Schumer (D-N.Y.), called for him to step down. In the December 7 speech where he announced that he intended to resign, Franken said that the allegation against him were either untrue or that he remembered the incidents differently than his accusers. Franken is one of five members of Congress who have announced their resignations or retirements since increased attention to instances of sexual misconduct began in October 2017. The increased attention began after allegations of sexual misconduct were brought against Hollywood film producer Harvey Weinstein.
Federal judge in Indiana takes senior status, creating the second vacancy on five-member district court
- William Lawrence, a federal judge on the United States District Court for the Southern District of Indiana, elected to take senior status beginning on Wednesday. Lawrence's decision created the second vacancy on the five-member court. Lawrence's decision set the court's status to orange under Ballotpedia's Federal Vacancy Warning System. An orange status designates the court as having a judicial vacancy percentage between 25 and 40%. With Lawrence's choice to take senior status, the court has three Democratic-appointed active service judges on the court. There are also two senior judges serving on the court.
- As an Article III judicial position, Lawrence’s successor must be nominated by the president, and that nomination is subject to the U.S. Senate's authority to advise and consent on judicial nominees. As of December 14, 2017, there are 145 vacancies in the federal judiciary out of 870 Article III life-term judicial positions.
Willett confirmed to Fifth Circuit Court of Appeals
- On Wednesday, the U.S. Senate voted 50-47 to confirm Don Willett to a seat on the United States Court of Appeals for the 5th Circuit. The Fifth Circuit hears appeals arising from federal district courts in Louisiana, Mississippi, and Texas. The vote fell along party lines, with Senators John McCain (R-Ariz.), Patty Murray (D-Wash.) and Thad Cochran (R-Miss.) not voting.
- Willett, currently a justice on the Texas Supreme Court, is the first of President Trump's nominees to the Fifth Circuit to be confirmed this year; three more nominees await a final vote. One of those three, attorney James Ho, is expected to face a final confirmation vote in the Senate later this week. Willett will join the court upon taking his judicial oath and receiving his judicial commission. He will fill one of four existing vacancies on the 17-member court. Under Article III of the U.S. Constitution, Willett will be commissioned to serve a life term on the court.
- Willett is the 18th of Trump's Article III life-term judicial nominees to be confirmed this year and the second to be confirmed this week. As of December 13, 2017, there are 42 nominees to life-term judicial positions awaiting a final confirmation vote in the U.S. Senate.
White House announces it will not move forward with Brett Talley's nomination to District Court
- The White House announced on Wednesday that it will not be moving forward with the nomination of Brett Talley to the United States District Court for the Middle District of Alabama. On Tuesday night, Senate Judiciary Committee Chairman Chuck Grassley (R-IA) had publicly urged the administration to reconsider Talley's nomination. Grassley expressed concern about statements Talley had made in blog posts. It was also reported that Talley had failed to disclose his wife's position in the Trump administration on his nomination paperwork. On his Senate Judiciary Questionnaire, Talley did not disclose that his wife, Ann Donaldson, was chief of staff to Don McGahn, who is President Trump's White House counsel. The questionnaire required Talley to "identify the family members or other persons, parties, categories of litigation, and financial arrangements that are likely to present potential conflicts-of-interest."
- Talley's nomination was approved by the Judiciary Committee on Nov. 9. He was one of four Trump nominees who was rated not qualified by the American Bar Association (ABA). The ABA's ratings have been the subject of controversy in recent months. Republican senators have argued that the ABA's process is partisan, while Democratic senators have argued that the ABA functions as a neutral evaluator. As of December 12, there are 43 nominees (including Talley) to life-term judicial positions awaiting a final confirmation vote in the U.S. Senate.
Thursday, December 14
Rep. Farenthold to retire at end of term
- It was announced that Rep. Blake Farenthold (R-Texas) would retire at the end of the 115th Congress. The announcement came amid sexual misconduct allegations against the congressman and just days after Texas' 2018 candidate filing deadline. Farenthold had previously filed to seek re-election, and as a result his name will still appear on the primary ballot. Several candidates on both sides of the aisle had already filed to challenge Farenthold in 2018. Texas’ 27th Congressional District is expected to remain a safe Republican hold. Farenthold is the 37th member of the House to announce that he will be leaving office at the end of the term.
FCC votes to repeal net neutrality rules
- The Federal Communications Commission (FCC) voted 3-2, along party lines, to repeal net neutrality rules instituted during the Obama administration. Under the 2015 Open Internet Order, internet service providers (ISPs) are considered a public utility and are regulated like gas, water, electric, and phone service companies. ISPs are prohibited from blocking or slowing web traffic or providing paid internet fast lanes. Under the new rules, ISPs will not be regulated as a public utility. They will have to disclose their practices, and the Federal Trade Commission will investigate any anti-competitive behavior. It is unclear when the new rules will take effect. It is likely that lawsuits will be filed against the new rules.
- Republican FCC Chairman Ajit Pai said that the new rules will allow consumers to know what they are getting from their ISPs. According to The Wall Street Journal, under Pai’s plan, “[A] buyer of a monthly cellphone plan would be able to find out if access to a particular streaming-movie service is prioritized over other traffic from a rival service. His plan envisions enforcement of that transparency by both the FCC and the Federal Trade Commission, whose mission is consumer protection against anticompetitive and deceptive behaviors.”
- Jessica Rosenworcel, a Democrat on the FCC who voted against the repeal, said, "As a result of today’s misguided action, our broadband providers will get extraordinary new power from this agency. They will have the power to block websites, throttle services, and censor online content. They will have the right to discriminate and favor the internet traffic of those companies with whom they have pay-for- play arrangements and the right to consign all others to a slow and bumpy road.”
Congress is in session
The House and Senate both have scheduled sessions on Monday. It is unclear how long each chamber will stay in session. Both chambers were scheduled to be out of session until January 3, 2017, but lawmakers are staying in Washington, D.C., to work on the GOP’s tax bill and legislation to fund the government.
SCOTUS is in session
The U.S. Supreme Court does not have any arguments scheduled next week. To date, the court has agreed to hear arguments in 55 cases; of those 55 cases, the court has heard arguments in 25 cases. Last week, the court agreed to hear seven additional cases. One was Benisek v. Lamone, a redistricting case from Maryland challenging a 2011 redistricting plan designed by Democrats in the state. To learn more about this term, read our overview.
WHAT'S ON TAP NEXT WEEK
The House and Senate are expected to vote on HR 1—the Tax Cuts and Jobs Act—sometime this week. Read about the tax bill here.
Friday, December 22
Deadline to fund the government
- On December 7, 2017, the House passed a two-week stopgap spending bill to keep the government open until December 22, 2017, by a vote of 235-193. Shortly after, the Senate passed the bill by a vote of 81-14. The government would have run out of funding at 12:01 a.m. on December 9, 2017, without the stopgap spending bill. Congress is expected to pass another short-term bill on December 22, while lawmakers work on a final budget. Once a budget deal is reached, lawmakers will have to write a spending bill for the remainder of fiscal year 2018, which ends on September 30, 2018. In the past few months, major legislation has been put forward under the rules of reconciliation, which only require a simple majority of 51 votes in the Senate, but this bill needs to clear the 60-vote threshold, meaning Congressional leadership will have to craft a bipartisan funding bill.
Where was the president last week?
- On Monday, President Donald Trump had lunch with Vice President Mike Pence and Secretary of Agriculture Sonny Perdue. In the afternoon, Trump participated in a presentation of the Friends of Zion award with Faith Leaders. Trump also participated in a swearing-in ceremony for Jamie McCourt as the U.S. Ambassador to France and the U.S. Ambassador to Monaco.
- On Tuesday, Trump signed the National Defense Authorization Act for fiscal year 2018. In the afternoon, he met with Deputy Secretary of State John Sullivan and U.S. Ambassador to Japan William Hagerty.
- On Wednesday, Trump had lunch with members of the congressional conference negotiating a tax bill. He participated in the swearing-in of Gregory Katsas as U.S. Court of Appeals for the District of Columbia circuit judge. He also spoke about tax reform at the Treasury Department.
- On Thursday, Trump had lunch with Vice President Mike Pence, Secretary of State Rex Tillerson, and Secretary of Defense James Mattis. He then participate in an event regarding deregulation and met with Ronna Romney McDaniel, the chairwoman of the Republican National Committee.
- On Friday, Trump participated in the FBI National Academy graduation ceremony traveled in Quantico, Virginia. He also visited the Marine Helicopter Squadron One at the Marine Corps Air Facility. He then traveled to Camp David.
Federal Judiciary
- 144 judicial vacancies in life-term, Article III judicial positions
- 44 pending nominations to life-term, Article III judicial positions
- 18 future vacancies to life-term, Article III judicial positions
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
