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The Federal Tap: Democrats postpone presidential convention until August

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April 4, 2020Issue No. 200

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Week in review
On tap next week

THE WEEK IN REVIEW

Here's what happened in Federal politics last week.

Monday, March 30

President Trump announces nominee for only open U.S. Circuit Court of Appeals vacancy

  • President Donald Trump nominated Judge Cory Wilson March 30 to fill a vacancy on the U.S. Court of Appeals for the 5th Circuit. This vacancy is the only one currently on a U.S. Circuit Court of Appeal. The last time there was only one appeals court vacancy was in July 1984.
  • Two Court of Appeals judges have already indicated they will leave the bench in 2020. Judge Ed Carnes on the 11th Circuit is expected to assume senior status on June 30. The U.S. Senate has already confirmed Andrew Brasher to succeed Carnes when that occurs. D.C. Circuit Judge Thomas Griffith announced last month that he would retire from the court later this year. On Friday, Trump announced he would nominate Justin Walker to fill the vacancy created by Griffith's departure.
  • Trump nominated Wilson to succeed Fifth Circuit Judge E. Grady Jolly, who assumed senior status on October 3, 2017. President Ronald Reagan (R) nominated Jolly to that court in 1982. The 5th Circuit has jurisdiction over federal district courts in Louisiana, Mississippi, and Texas.
  • Wilson is a judge on the Mississippi Court of Appeals. Governor Phil Bryant (R) appointed Wilson to that court in 2019. Before joining the state court of appeals, Wilson was a Republican representative in the Mississippi House of Representatives. Trump nominated Wilson in October 2019 to the U.S. District Court for the Southern District of Mississippi. The Senate Judiciary Committee held a hearing January 8 on his appointment but no committee action was taken.
  • The U.S. Court of Appeals for the Fifth Circuit is one of 13 U.S. appeals courts. They are the intermediate appellate courts in the federal judicial system. The Fifth Circuit has 17 authorized judgeships. Republican presidents appointed 11 of the 16 current judges and Democratic presidents appointed five. Trump nominated five of the 16 current judges.

Supreme Court rules in case regarding federal maritime law

  • On March 30, the Supreme Court of the United States (SCOTUS) issued its opinion in the case CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd. The case came on a writ of certiorari to the U.S. Court of Appeals for the 3rd Circuit and was argued during SCOTUS’ October Term 2019-2020 on November 5, 2019.
  • The case: An abandoned anchor in the Delaware River pierced the hull of the Athos I, an oil tanker, causing an estimated 264,000 gallons of crude oil to spill into the river. The cost of cleanup was $143 million. Frescati, the shipowner, paid for the cleanup effort and was later reimbursed for $88 million by the U.S. federal government. Frescati and the U.S. sued CITGO, the intended oil recipient, for a portion of the costs.
  • The issue: Whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship’s safety, as the 3rd Circuit below and the 2nd Circuit have held, or a duty of due diligence, as the Fifth Circuit has held.
  • The outcome: In a 7-2 decision, SCOTUS affirmed the 3rd Circuit’s decision, holding that a safe berth clause in a voyage charter contract is a guarantee of a ship’s safety. Justice Sonia Sotomayor delivered the majority opinion of the court. Justice Clarence Thomas filed a dissenting opinion, joined by Justice Samuel Alito.
  • In the opinion, Sotomayor wrote, “The charterer’s assurance of a safe berth is the entire root of the safe-berth clause, and crucially, it is not subject to qualifications or conditions.”

Rep. Velazquez announces self-quarantine after likely contracting coronavirus

  • Rep. Nydia Velazquez (D-N.Y.) announced a self-quarantine after likely contracting COVID-19, the illness caused by coronavirus.
  • Velazquez contacted the House Attending Physician after experiencing key symptoms, like loss of taste and smell. The doctor told her a test wasn’t necessary and was presumed positive.
  • As of writing, Ballotpedia identified six federal politicians who contracted the virus. This count does not include Velazquez, who has not been officially tested.
  • Ballotpedia also identified 40 federal-level politicians who self-quarantined due to an exposure risk or for symptoms matching COVID-19.

Meadows resigns from Congress to become White House Chief of Staff

  • Rep. Mark Meadows (R-NC) resigned from Congress March 30 to assume his new role as White House Chief of Staff for Pres. Donald Trump (R) starting March 31. Meadows replaces Mick Mulvaney, who had served as the acting White House Chief of Staff since January 2, 2019.
  • Meadows was first elected to represent North Carolina’s 11th Congressional District in 2013. He was a member of the House Freedom Caucus and chaired the group at one time. Meadows announced in December 2019 that he would not run for re-election in 2020.
  • Trump announced Meadows as his pick for chief of staff in March 2020. Trump tweeted on March 7, “I am pleased to announce that Congressman Mark Meadows will become White House Chief of Staff. I have long known and worked with Mark, and the relationship is a very good one.”
  • As White House Chief of Staff, Meadows will lead the staff of the Executive Office of the President (EOP) and advise the president on policy issues. Meadows is the fourth White House Chief of Staff in the Trump Administration. He was preceded—before Mulvaney—by Reince Priebus, who served in the role from January to July 2017, and John Kelly, who filled the position from July 2017 to July 2018.

Wednesday, April 1

West Virginia postpones primary from May 12 to June 9

  • Governor Jim Justice (R) issued an executive order postponing West Virginia's statewide primary, including its presidential preference primary, to June 9, 2020. The primary was originally scheduled to take place on May 12, 2020. Details on adjustments to related dates are pending.
    • To date, the following sixteen states and one territory have postponed primaries or elections that encompass federal offices:
      • Alabama: Primary runoff postponed to July 14.
      • Connecticut: Presidential preference primary postponed to June 2.
      • Delaware: Presidential preference primary postponed to June 2.
      • Georgia: Presidential preference primary postponed to May 19.
      • Indiana: Statewide primary postponed to June 2.
      • Kentucky: Statewide primary postponed to June 23.
      • Louisiana: Presidential preference primary postponed to June 20.
      • Maryland: Statewide primary postponed to June 2.
      • Mississippi: Republican primary runoff election for the state's 2nd Congressional District postponed to June 23.
      • New York: Presidential preference primary postponed to June 23; special election in the 27th Congressional District also postponed to June 23.
      • North Carolina: Republican primary runoff for North Carolina's 11th Congressional District postponed to June 23.
      • Ohio: Absentee voting in the state's primary extended to April 27; final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, set for April 28.
      • Pennsylvania: Statewide primary postponed to June 2.
      • Puerto Rico: Democratic presidential preference primary postponed to April 26.
      • Rhode Island: Presidential preference primary postponed to June 2.
      • Texas: Primary runoff elections postponed to July 14.
      • West Virginia: Statewide primary postponed to June 9.

Thursday, April 2

Candidate filing period for congressional races ends in six states

  • The major party filing period for congressional races has ended in six states over the past week.
  • All six states are holding U.S. House elections for each of their congressional districts. In addition, New Jersey, South Carolina, South Dakota, and Tennessee are holding elections for one seat each in the U.S. Senate.
  • These filing deadlines were not moved in response to the coronavirus pandemic. Ballotpedia is tracking changes to election dates and procedures here.
  • The general election in each state is on November 3, 2020. The primaries in New Jersey and South Dakota are scheduled for June 2. The remaining primaries are scheduled as follows:
    • South Carolina: June 9
    • New York: June 23
    • Missouri: August 4
    • Tennessee: August 6
  • These filing deadlines were the 26th through the 31st to take place in the 2020 election cycle. The next statewide filing deadline is on April 6 in Arizona.

Democratic National Convention postponed from July to August

  • The Democratic Party has postponed its presidential nominating convention to the week of August 17 in Milwaukee, Wisconsin. Organizers pushed back the event, which was originally scheduled for July 13-16, in response to the coronavirus pandemic.
  • "After a great deal of scenario planning and giving thought to how it is this event can have the greatest impact in the electoral process and the greatest impact in terms of what we can bring to Milwaukee, we felt the best decision, not knowing all the answers, was to delay this," said convention chief executive Joe Solmonese. "More than anything we continue to monitor the public health landscape."

Friday, April 3

Supreme Court postpones April sitting

  • The U.S. Supreme Court announced it was postponing the eight hours of oral arguments originally scheduled during its April sitting (April 20-22, April 27-29). In a press release, the court said the delay was “in keeping with public health guidance in response to COVID-19.” The court had previously postponed the 11 hours of oral argument scheduled for its March sitting (March 23-25, March 30-April 1). It has been indefinitely closed to the public since March 12.
  • The court noted in a statement that it would "consider rescheduling some cases from the March and April sessions before the end of the Term, if circumstances permit in light of public health and safety guidance at that time." Otherwise, the court continues to conduct business, including releasing opinions using the court website, holding regularly scheduled conferences, and issuing order lists.
  • The court has heard arguments in 59 of the 73 cases it accepted to hear this term. As of April 3, the court had issued decisions in 18 cases and dismissed one case without a decision this term.
  • The court last postponed arguments in October 1918 in response to the Spanish flu epidemic. In August 1793 and 1798, argument calendars were shortened in response to yellow fever outbreaks.

Congress is in session

Neither the House nor Senate will be in session next week. Click here to see the full calendar for the second session of the 116th Congress.

SCOTUS is out of session

The Supreme Court will not hear arguments this week. To learn about the current 2019-2020 term, click here.

WHAT'S ON TAP NEXT WEEK

Here's what is happening in Federal politics this week.

Monday, April 6

Candidate filing period for congressional races to end in Arizona, North Dakota, and Oklahoma

  • The major-party filing deadlines to run for elected office in Arizona, North Dakota, and Oklahoma are next week. The deadlines in both Arizona and North Dakota are on April 6; the deadline in Oklahoma is on April 10. Prospective candidates in each state may file for the following congressional offices.
    • Arizona
      • U.S. Senate: A special election is being held to fill the Senate seat vacated by John McCain (R), who passed away on August 25, 2018. The seat is currently held by Martha McSally (R), who was appointed by Arizona Gov. Doug Ducey (R) to replace Jon Kyl (R), the governor’s first appointee. The winner of the special election will serve the remaining two years of McCain’s term.
      • U.S House: All nine of the state’s House seats are up for election.
    • North Dakota
      • No U.S. Senate seats are up for election. North Dakota’s one at-large U.S. House seat, currently held by Kelly Armstrong (R), is up for election.
    • Oklahoma
      • U.S. Senate: The Class II Senate seat currently held by Jim Inhofe (R) is up for election.
      • U.S. House: All five of the state’s House seats are up for election.
  • North Dakota’s primary is scheduled for June 9, Oklahoma’s primary is scheduled for June 30, and Arizona’s primary is scheduled for August 4. The general elections in all three states are scheduled for November 3, 2020.
  • Arizona’s and North Dakota’s filing deadlines are the 32nd and 33rd to take place in the 2020 election cycle; Oklahoma’s deadline is the 34th. The next statewide filing deadline is on April 21 in Michigan.

Tuesday, April 7

Wisconsin scheduled to hold presidential preference primaries

  • Wisconsin is scheduled to hold its Democratic and Republican presidential primaries on Tuesday.
  • Wisconsin Gov. Tony Evers (D) called a special session of the legislature for this afternoon to discuss potential changes to the election in response to the coronavirus pandemic. Evers proposed conducting the election entirely via mail and extending the deadline for mail-in ballots to be received from April 13 to May 26. Senate Majority Leader Scott Fitzgerald (R) and Assembly Speaker Robin Vos (R) issued a joint statement which said, in part, "many local government positions on the ballot must be filled so that municipalities can swiftly respond to the crisis at hand. We continue to support what Governor Evers has supported for weeks: the election should continue as planned on Tuesday."
  • He announced on April 1 that he would be calling in the National Guard to serve as poll workers at understaffed polling sites.
  • Former Vice President Joe Biden, Sen. Bernie Sanders, and 10 other withdrawn candidates appear on the Democratic ballot. Eighty-four pledged delegates are at stake. President Donald Trump is the only candidate on the Republican ballot.

Friday, April 10

Vote by mail deadline to pass in Alaska’s Democratic presidential primary

  • The Alaska Democratic Party announced on March 23 that in-person voting in its presidential primary, originally scheduled for April 4, was canceled in response to the coronavirus pandemic. Instead, the party expanded its vote-by-mail process and set the deadline for ballots to be received to April 10. Results will be announced by April 11.
  • Former Vice President Joe Biden (D), Sen. Bernie Sanders (Vt.), and six other withdrawn candidates appear on the ranked-choice ballot. Fifteen pledged delegates are at stake.
  • The Alaska Republican Party announced last year that it would not hold a presidential preference event since President Donald Trump is the incumbent.

Where was the president last week?

  • On Monday, Trump participated in a phone interview on Fox and Friends and met with governors via teleconference to discuss and plan around the coronavirus.
  • On Tuesday, Trump participated in a phone call with network service providers and members of the Coronavirus Task Force held a press briefing.
  • On Wednesday, Trump participated in a phone call with military families on COVID-19 response.
  • On Thursday, Trump had no public events scheduled.
  • On Friday, Trump participated in a roundtable with energy sector CEOs.

Federal Judiciary

  • 81 federal judicial vacancies
  • 42 pending nominations
  • 7 future federal judicial vacancies


About

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

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