The Federal Tap: Biden signs American Rescue Plan Act
From Ballotpedia
March 13, 2021Issue No. 244
THE WEEK IN REVIEW
Monday, March 8
SCOTUS issues ruling in nominal damages case
- On March 8, the U.S. Supreme Court issued an opinion in the case Uzuegbunam v. Preczewski, which concerned nominal damages claims and whether they provide legal standing in federal cases. Nominal damages claims are when a judge finds in favor of one party in a lawsuit but concludes that no real harm was done and therefore awards a very small, or nominal, amount of monetary relief.
- In an 8-1 ruling, the court held that awarding nominal damages does provide legal standing in a case, meaning the plaintiff has the legal right to sue, reversing the U.S. Court of Appeals for the 11th Circuit's ruling and remanding the case for further proceedings. Justice Clarence Thomas delivered the majority opinion of the court and Justice Brett Kavanaugh filed a concurring opinion. Justice Thomas has authored three majority opinions so far this term.
- Chief Justice John Roberts filed a dissenting opinion, concluding that nominal damages claims are not a sufficient basis for Article III legal standing in a case. This was Roberts’ first dissenting opinion in a case argued during the 2020-2021 term as well as his first lone, or solitary, dissent since joining the court in 2005. This term, Roberts filed a dissent in the case Roman Catholic Diocese of Brooklyn v. Cuomo, but it was decided without argument.
- To date, the court has issued opinions in 19 cases for the current term. Four cases were decided without argument.
SCOTUS grants review in one case for its 2021-2022 term
- The Supreme Court of the United States (SCOTUS) accepted one case for review during its 2021-2022 term on March 8. With the addition of this case, the court has granted review in a total of eight cases for the term, which is scheduled to begin on Oct. 4, 2021.
- Thompson v. Clark concerns the Supreme Court’s favorable termination rule for plaintiffs suing for unconstitutional conviction or imprisonment pursuant to 42 U.S.C. § 1983 and burden of proof requirements in cases of unlawful warrantless entry under the Fourth Amendment. Thompson originated from the U.S. Court of Appeals for the 2nd Circuit.
- SCOTUS is currently out of session, having finished its February sitting on March 3. The court’s March sitting is scheduled to begin on March 22 and is the last sitting of its 2020-2021 term. So far, the court has agreed to hear 63 cases during the 2020-2021 term. Of those, 12 were originally scheduled for the 2019-2020 term but were delayed due to the coronavirus pandemic. The court has issued opinions in 19 cases so far this term. Four cases were decided without argument.
Sen. Roy Blunt will not seek re-election in 2022
- Sen. Roy Blunt (R-Mo.) announced on March 8 that he would not run for re-election in 2022. First elected to the Senate in 2010, Blunt is the top Republican on the Committee on Rules and Administration and one of 20 members of Congress to sit on the Select Committee on Intelligence. He was last elected in 2016, defeating challenger Jason Kander (D), 49% to 46%.
- Blunt was the fifth U.S. Senator to announce that he would not run for re-election in 2022, joining Sens. Richard Burr (R-N.C.), Rob Portman (R-Ohio), Pat Toomey (R-Penn.), and Richard Shelby (R-Ala.).
- Four U.S. Senators did not run for re-election in 2020—three Republicans and one Democrat. Three Republican U.S. Senators did not run for re-election in 2018. At the time of Blunt’s announcement, one member of the U.S. House —Rep. Ann Kirkpatrick (D-Ariz.) —had announced she would not run for re-election.
- Thirty-four U.S. Senate seats will be up for election next year. Republicans currently hold 20 of those seats, and Democrats hold 14.
- The Senate is split 50-50, with 50 Republicans, 48 Democrats, and two independents who caucus with Democrats. Vice President Kamala Harris (D) has the tie-breaking vote, giving Democrats effective control of the chamber.
Wednesday, March 10
Senate confirms three Biden Cabinet members
- The Senate confirmed Marcia Fudge as secretary of housing and urban development by a vote of 66-34 on March 10. All 34 votes against her nomination came from Republicans. She was sworn in by Vice President Kamala Harris (D) on the same day. A special election will be held in Ohio’s 11th Congressional District to fill the vacant seat Fudge previously held.
- The Senate also confirmed Merrick Garland as attorney general by a vote of 70-30. All 30 votes against his nomination came from Republicans. Garland was previously nominated to the Supreme Court by President Barack Obama (D) in 2016.
- The Senate confirmed a third member of Biden’s Cabinet: Michael Regan as administrator of the Environmental Protection Agency. The Senate supported his nomination by a vote of 66-34, with all 34 votes against his nomination coming from Republicans.
- There are six Cabinet-rank nominations pending. A seventh position—director of the Office of Management and Budget—needs a new nominee after Neera Tanden withdrew from consideration.
Thursday, March 11
Biden signs $1.9 trillion American Rescue Plan Act of 2021
- President Joe Biden (D) signed the American Rescue Plan Act of 2021. Here’s a look at some of the provisions contained in the $1.9 trillion package:
- The law provides for a third round of relief checks to eligible individuals and couples. Individuals and dependents earning up to $75,000 and married couples and dependents earning up to $150,000 will receive $1,400 checks. Individuals earning more than $80,000 and married couples earning $160,000 will not receive checks, though they will still receive $1,400 per dependent. The checks phase out at different rates depending on the taxpayer’s filing status and number of dependents for individuals and married couples earning between $75,000 and $80,000 and $150,000 and $160,000, respectively.
- The law extends a $300-per-week supplement to federal unemployment benefits through Sept. 6. Those benefits were set to expire March 14.
- The law includes a one-year expansion of the child tax credit and expanded the credit to include 17-year-olds. The credit increases from $2,000 to $3,600 for children under 6 and $3,000 for those between 6 and 17.
- The law allocates $20 billion for COVID-19 vaccine manufacturing and distribution, $50 billion for COVID-19 testing and tracing, $350 billion to state, local, and tribal governments, and about $130 billion to help K-12 schools reopen to in-person instruction.
- The package passed the U.S. House 219-212 on Feb. 27, with two Democrats joining with all Republicans to vote against it. On March 6, the Senate voted 50-49 along party lines to pass its own version of the bill. The Senate version removed an amendment that would have increased the federal minimum wage to $15 an hour by 2025 and lowered the income eligibility for relief checks.
- On March 10, the House voted 220-211 to approve the changes made in the Senate and send the bill to President Biden’s (D) desk. Rep. Kurt Schrader (D), who was one of two Democrats to oppose the original House bill, voted in favor of the changes. Rep. Jared Golden (D) was the only Democrat to vote against the bill. No Republicans voted for it.
Friday, March 12
Rep. Ann Kirkpatrick (D-Ariz.) will not seek re-election in 2022
- Rep. Ann Kirkpatrick (D-Ariz.) announced that she would not run for re-election in 2022. Kirkpatrick was first elected to the House in 2008 before losing her bid for re-election in 2010. She was elected back to the House in 2012 and re-elected in 2014. In 2016, she made an unsuccessful run for U.S. Senate rather than running for the House again. She was elected back to the House in 2018 and re-elected in 2020 55% to 45% over Brandon Martin (R).
- Kirkpatrick was the first member of the House to announce that she would not run for re-election in 2022. Five members of the U.S. Senate, all Republicans, have announced they will not run for re-election.
- Thirty-six members of the U.S. House did not run for re-election in 2020—26 Republicans, nine Democrats, and one Libertarian. In 2018, 52 members of the U.S. House did not run for re-election, including 34 Republicans and 18 Democrats.
- All 435 U.S. House seats will be up for election next year. Democrats currently have a 220-211 majority with four vacant seats.
Congress is in session
Both the House and Senate are in session next week. Click here to see the full calendar for the second session of the 117th Congress.
SCOTUS is out of session
The Supreme Court will not hear oral arguments next week. To learn about the 2020-2021 term, click here.
WHAT'S ON TAP NEXT WEEK
Where was the president last week?
- On Monday through Thursday, Biden remained in Washington, D.C.
- On Friday, Biden departed Washington, D.C. for Wilmington, Delaware.
Federal Judiciary
- 70 federal judicial vacancies
- 0 pending nominations
- 28 future federal judicial vacancies
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
