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The Federal Tap: BRCA debate set to continue as McConnell tries to secure votes

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July 7, 2017Issue No. 72

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Week in review
On tap next week

THE WEEK IN REVIEW

Here's what happened in federal politics last week. To see what happened in state and local politics, click here.

Saturday, July 1

Federal judge elects to take senior status, judicial vacancy percentage now over 15%

Monday, July 3

American-backed forces breach wall in effort to take back Raqqa from ISIS

  • American-backed Syrian Democratic Forces breached a strategic wall surrounding the Old City of Raqqa, Syria, in the fight to retake the city from the self-described Islamic State in Iraq and Syria (ISIS). Brett McGurk‏, special presidential envoy for the global coalition to defeat ISIS, called it a “key milestone in [the] campaign to liberate the city.” Raqqa has served as the capital of ISIS’ self-declared caliphate in Syria. The breach is a major setback for ISIS as the group continues to lose ground throughout the Middle East, including the recent capture of Mosul, Iraq, by U.S.-backed Iraqi troops.

U.S. appeals court rules against EPA's delay of Obama-era methane rule

  • The U.S. Court of Appeals for the District of Columbia Circuit ruled that the Environmental Protection Agency (EPA) cannot delay implementation of the Obama administration's 2016 rule limiting methane emissions at oil and natural gas sites. In June 2017, the EPA delayed the rule’s enforcement because the agency argued that the Obama administration did not allow relevant stakeholders, such as oil and gas industry groups, to comment on portions of the final rule. Two judges on a three-judge panel argued that industry groups had received sufficient opportunities to comment on the rule and thus the EPA's delay was unjustified under the federal Clean Air Act. While the court ruled against the EPA’s decision to delay enforcement, the court’s decision does not affect the EPA’s actions to formally repeal the rule, though the court's decision does require the agency to enforce the rule in the meantime. The majority opinion was written by Judges David Tatel, who was appointed by Bill Clinton, and Robert Wilkins, who was appointed by Barack Obama. Judge Janice Brown, who was appointed by George W. Bush, wrote a dissenting opinion, arguing that the court had no authority to rule against the agency because the EPA’s delay was not a final agency action reviewable by a federal court.
    • The Environmental Defense Fund, which filed the suit, supported the ruling, stating, "The court’s decision is a big win for common sense, public health, climate security, and the rule of law."
    • The American Petroleum Institute, which filed a brief supporting the delay, opposed the ruling, stating, "A stay is needed to allow for regulatory certainty as EPA continues the formal process to review the rulemaking."
    • See also: Federal policy on methane regulation, 2017

Tuesday, July 4

Trump donor buys 2.5 million shares of Time, Inc.

Wednesday, July 5

New group seeks to push Democratic Party through a people’s lobby

  • Zynga founder Mark Pincus and LinkedIn founder Reid Hoffman established a new organization aimed at changing the direction of the Democratic Party. Win the Future plans to use social media and a “people’s lobby where the members set the agenda” to pressure Democratic lawmakers towards issues generated by citizens. Pincus told Recode, “I’m fearful the Democratic Party is already moving too far to the left. I want to push the Democratic Party to be more in touch with mainstream America, and on some issues, that’s more left, and on some issues it might be more right.”

U.S. military and Trump respond to North Korean intercontinental ballistic missile test

  • The United States conducted a joint military exercise with South Korea, one day after North Korea tested an intercontinental ballistic missile that it claimed could reach the United States. Gen. Vincent K. Brooks, the commander of American forces in Seoul, South Korea, discussed the state of U.S.-North Korea relations, saying, “Self-restraint, which is a choice, is all that separates armistice and war. As this alliance missile live-fire shows, we are able to change our choice when so ordered by our alliance national leaders." The following day, President Donald Trump discussed how the U.S. might respond to North Korea at the G20 summit in Warsaw. He said, “We have some pretty severe things we’re thinking about, but I don’t want to do them. I don't draw red lines.”

Thursday, July 6

19 Attorneys General sue Secretary of Education Betsy DeVos

  • The attorneys general of 18 states and the District of Columbia filed suit in the District Court for the District of Columbia against Secretary of Education Betsy DeVos. The suit, which was initiated by Massachusetts Attorney General Maura Healey, alleges that DeVos’ delay in implementing an Obama-era lending regulation is illegal.
  • The regulation, which was enacted on November 1, 2016, under then-Secretary of Education John King, would have established a new set of standards that were aimed at helping students who claim to be the victims of fraud seek loan forgiveness. The standards would have prevented schools from obligating students to settle loan disputes out of court and simplified the process for students seeking forgiveness of debt. A Department of Education study of the regulation estimated that it would cost $16.6 billion over the next 10 years.
  • On June 14, Secretary DeVos announced that she would halt the implementation of the regulation indefinitely, citing concerns over its clarity and financial impact, as well as an ongoing lawsuit from a California group challenging the standards. The lawsuit, filed by the trade group California Association of Private Postsecondary Schools, claimed the new rules would lead to the closure of many for-profit and private vocational schools and that the Department of Education lacked the authority to enforce the rules.
  • The July 6 AG lawsuit alleges that by announcing a delay of the regulation’s implementation just two weeks before its scheduled July 1 rollout without providing a comment period or justifying the decision based on specific concerns about the regulation’s impact or the California lawsuit, the Department of Education had violated the Administrative Procedure Act. The suit seeks an overturn of the delay and immediate implementation of the regulation.
  • The attorneys general of Kentucky, Maine, and Mississippi were the only three Democratic AGs that did not join the lawsuit. No Republican attorneys general joined.

Trump delivers foreign policy speech in Warsaw, Poland

  • President Donald Trump traveled to Warsaw, Poland, where he delivered a speech reaffirming the relationship between the U.S. and Poland and called on western nations to protect the shared values of individual freedom and sovereignty. A senior adviser to Trump said, “The core theme of this speech is a defense of Western civilization.” Trump spoke about the importance of fighting global terrorism. He said, “We are fighting hard against radical Islamic terrorism, and we will prevail. We cannot accept those who reject our values and who use hatred to justify violence against the innocent.” He called on Russia to “cease its destabilizing activities in Ukraine and elsewhere, and its support for hostile regimes -- including Syria and Iran.” He warned against “the steady creep of government bureaucracy that drains the vitality and wealth of the people. The West became great not because of paperwork and regulations but because people were allowed to chase their dreams and pursue their destinies.” He reaffirmed the U.S.’ commitment to NATO’s article 5, the mutual defense commitment. He concluded his speech by saying, “So, together, let us all fight like the Poles -- for family, for freedom, for country, and for God.”

Friday, July 7

Trump attends G20 summit; meets with Putin

  • President Donald Trump attended the two-day Group of Twenty (G20) summit in Hamburg, Germany. The G20 is a forum for 19 nations and the European Union to discuss economic cooperation and global policies. The world leaders discussed the Paris Climate Agreement, trade, migration, terrorism, and the global economy. While at the summit, Trump met privately with Russian President Vladimir Putin for more than two hours. Secretary of State Rex Tillerson said, “The president pressed President Putin on more than one occasion regarding Russian involvement [in the election]. President Putin denied such involvement, as I think he has in the past. The two leaders agreed, though, that this is a substantial hindrance in the ability for us to move the Russian-U.S. relationship forward.” Tillerson also said that Trump and Putin reached an agreement for a ceasefire to begin on Sunday in Syria. The leaders also discussed the conflict in Ukraine and cybersecurity issues.

Congress is in session

The Senate will be in session Monday through Friday. The House will be in session Tuesday through Friday.

SCOTUS is NOT in session

The U.S. Supreme Court has concluded its 2016 October term. The court will continue to act on emergency petitions throughout the summer and consider petitions for case review in advance of the court’s 2017 October term, which begins on Monday, October 2, 2017. For more on the court’s recently completed term, read our review.

WHAT'S ON TAP NEXT WEEK

Here's what is happening in federal politics this week. To see what happened in state and local politics, click here.

Senators return to Capitol Hill on Monday and will continue debating the Better Care Reconciliation Act of 2017 (BCRA). Eleven Republicans have expressed opposition to the BCRA in its current form but are open to negotiations. Four Republicans said that they would vote for the bill, and thirty-eight are undecided or still reviewing the bill. To get the BCRA passed, Senate Majority Leader Mitch McConnell (R-Ky.) can only afford to lose two Republican votes with Vice President Mike Pence voting to break a 50-50 tie. No Democrats are expected to vote for the BCRA. Republican senators have been working on the bill during the July 4 recess, and they will have to wait for the Congressional Budget Office (CBO) to score the bill once it is released before scheduling a vote. McConnell would like to hold a vote before the August recess, but a growing list of senators have called for the recess to be canceled if senators are unable to draft a bill that can be passed. Find out what each Republican senator has said about the healthcare bill here.

Tuesday, July 11

Republicans in Utah’s 3rd Congressional District special election set to debate

Jimmy Gomez to be sworn into Congress

  • Representative-elect Jimmy Gomez (CA-34) is scheduled to be sworn into Congress. Gomez won election to the seat by defeating fellow Democrat Robert Lee Ahn in a special election that occurred on June 6. After winning election, Gomez said that he would try and delay his resignation from the State Assembly in order to vote on the state’s cap-and-trade program. The delay in being sworn in is unusual, as the average time between a special election and being sworn into Congress is one week. Following Gomez’s swearing-in, one vacancy will remain in the House. Get caught up on all of this year’s congressional special elections on our overview page.

Wednesday, July 12

Confirmation hearing set for Trump FBI director nominee Christopher Wray

  • Christopher Wray, who was nominated by President Donald Trump to be the next director of the Federal Bureau of Investigation (FBI), will appear before the Senate Judiciary Committee for his confirmation hearing. Wray is a partner at the law firm King & Spalding. He served as an assistant attorney general in charge of the Department of Justice's (DOJ) criminal division from 2003 to 2005 under the Bush administration. Under current Senate rules, Wray would need 51 votes for confirmation. Republicans hold 52 seats in the upper chamber and would not need support from Senate Democrats to confirm Wray. Former FBI Director James Comey, who was fired by Trump on May 9, 2017, was confirmed by a vote of 93-1 on July 29, 2013.

Where was the president last week?

  • On Tuesday, President Donald Trump and first lady Melania Trump celebrated Independence Day with military families at the White House.
  • On Wednesday, Trump traveled to Warsaw, Poland.
  • On Thursday, Trump delivered a speech in Poland and met with President Andrzej Duda of Poland and President Kolinda Grabar-Kitarovic of Croatia. He then traveled to Hamburg, Germany, where he met with German Chancellor Angela Merkel.
  • On Friday and Saturday, Trump attended the G-20 summit in Hamburg, Germany. He also met with Russian President Vladimir Putin and Mexican President Enrique Peña Nieto.

Federal Judiciary

  • 148 total federal judicial vacancies
  • 18 pending nominations
  • 23 future vacancies


About

The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

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