The Federal Tap: Hatch to retire next year; Congress returns for second session

January 5, 2018Issue No. 94

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.

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• Monday
• Tuesday
• Wednesday
• Thursday
• Friday

Tuesday, January 2

Willett takes seat on the Fifth Circuit

• On January 2, 2017, Don Willett received his judicial commission and took his seat on the United States Court of Appeals for the 5th Circuit. Willett was confirmed to the seat by the U.S. Senate on a recorded vote of 50-47. Willett was nominated to the seat by President Donald Trump on October 3, 2017. Willett was previously a justice on the Texas Supreme Court.
• The Fifth Circuit's vacancy warning level is currently yellow, with three vacancies out of its 17 posts. Willett is one of two of President Trump's Fifth Circuit nominees who was confirmed by the Senate in December 2017. James Ho was also confirmed to a seat on the Fifth Circuit and is expected to receive his commission in the coming days. President Trump has made two additional nominations to the Fifth Circuit. Those nominations are still pending. In all, there are currently 149 vacancies on federal courts and 52 pending nominations.

Orrin Hatch announces retirement

• On Tuesday, Sen. Orrin Hatch (R-UT) announced that he would not seek election to an eighth term in 2018. Hatch, who was first elected to represent Utah in the U.S. Senate in 1976, has served as President pro tempore of the U.S. Senate since January 2015. As of the opening of the 115th Congress, Hatch served as the chairman of the Senate Committee on Finance, as vice chairman of the Joint Committee on Taxation, and as a member of the Senate Committees on Aging, the Judiciary, and Health, Education, Labor, and Pensions.
• Hatch is the third member of the U.S. Senate to announce that he would not seek re-election in 2018 since the opening of the current session in January 2017, following announcements by Senators Jeff Flake (R-AZ) and Bob Corker (R-TN) that they would not seek additional terms.
• Hatch's announcement means that the seat he currently occupies will be open in the 2018 election. So far, no Republican candidates have formally declared their intention to succeed Hatch, but both former Massachusetts Governor Mitt Romney (R) and U.S. Rep. Chris Stewart (R-UT) have expressed interest in the seat. In an interview on Wednesday with Utah’s Morning News, Hatch stated that “if Mitt [Romney] decides to run, he knows he'll have my support.” Candidates have until March 15 to file their candidacies with the lieutenant governor. Under the bylaws of the Republican Party of Utah, candidates are voted on by the delegates in attendance at the state party's annual convention, which is scheduled for April 21. A primary election will be scheduled for June 26 if no candidate receives 60 percent of the votes in the convention.

Shuster will not seek re-election in 2018

• Rep. Bill Shuster (R-Pa.) announced that he will not seek re-election in 2018. Shuster said, “I thought it was the best decision for me to focus 100 percent on my final year as the chairman of the Transportation Committee, working with the president and other Democrats and Republicans to pass an infrastructure bill, which is much needed to rebuild America." Shuster is the 39th representative to announce that he will not seek re-election to his U.S. House district.

Wednesday, January 3

Doug Jones, Tina Smith sworn in as new Democratic U.S. senators

• Doug Jones (D-Ala.) and former Minnesota Lieutenant Governor Tina Smith (D) were sworn into the United States Senate on January 3, 2018.
• Jones defeated former Alabama Supreme Court Chief Justice Roy Moore (R) in the U.S. Senate special election in Alabama on December 12, 2017. Smith was appointed by Minnesota Governor Mark Dayton (D) to succeed former U.S. Senator Al Franken (D), who resigned on January 2, 2018, amid sexual misconduct allegations.
• Jones’ swearing-in on Wednesday decreased the Republican majority in the U.S. Senate from 52 to 51 Republicans. Jones succeeded former Republican U.S. Senator Luther Strange, who was appointed by then-Alabama Governor Robert Bentley (R) on February 9, 2017, to replace Jeff Sessions, who was confirmed to serve as the United States Attorney General. As of January 3, 2018, the partisan count of the U.S. Senate was 51 Republicans, 47 Democrats, and two independents.
• Smith’s ascension to the U.S. Senate triggered a chain of succession in Minnesota. State Senate President Michelle Fischbach (R) assumed office as lieutenant governor, but declined to resign from her state Senate seat. Minnesota Attorney General Lori Swanson (D) previously issued a non-binding advisory opinion on December 21, 2017, stating that it was unlikely that Fischbach could simultaneously hold her state Senate seat and serve as lieutenant governor. According to the Post Bulletin, Fischbach is waiting for a binding decision from the courts to determine whether or not she must resign from the state Senate. If she is required to give up her state Senate seat, Fishbach stated that she would resign as lieutenant governor in order to run in the special election to fill her state Senate seat.

Senate returns for second session of 115th Congress, House returns next week

• The United States Senate returned for the second session of the 115th Congress on January 3, 2018. The House of Representatives is scheduled to return on January 8, 2018.
• According to The Hill, both chambers plan to be in session for fewer days in 2018 than in 2017 in order to give members time to campaign for the midterm elections in November 2018. The Senate will meet for seven fewer days this year while the House will meet for 24 fewer days.
• Two new Democratic members were sworn into the U.S. Senate on January 3: Doug Jones of Alabama and Tina Smith of Minnesota. Jones defeated former Alabama Supreme Court Chief Justice Roy Moore (R) in the U.S. Senate special election in Alabama on December 12, 2017. Smith was appointed by Minnesota Governor Mark Dayton (D) to succeed former U.S. Senator Al Franken (D), who resigned on January 2, 2018, amid sexual misconduct allegations.
• Jones’ swearing-in decreased the Republican majority in the U.S. Senate from 52 to 51 Republicans. As of January 3, 2018, the partisan count of the U.S. Senate was 51 Republicans, 47 Democrats, and two independents.
• Congress has a long list of priorities heading into the second session. Legislators must pass a new spending bill by January 19, 2018, in order to prevent a government shutdown. They must also take action on the Children’s Health Insurance Program (CHIP), which is scheduled to run out funding in February, address emergency relief for natural disaster areas, and develop a solution for the Deferred Action for Childhood Arrivals (DACA) program by the March 5 deadline.
• Additional agenda items could include President Trump’s infrastructure plan, House Speaker Paul Ryan’s (R-Wis.) push for changes to entitlement programs, and healthcare legislation to repeal or stabilize Obamacare. Speaker Ryan, Senate Majority Leader Mitch McConnell (R-Ky.), and President Trump are scheduled to meet at Camp David next weekend to discuss the upcoming legislative agenda.

Cruz backs Nicholson in Wisconsin Senate Republican primary

• Marine veteran and businessman Kevin Nicholson (R) received his first congressional endorsement in the U.S. Senate race in Wisconsin from Sen. Ted Cruz (R-Texas). “Kevin Nicholson brings an impressive record of success and leadership to his campaign for Senate. Having led Marines in combat overseas, and business professionals facing complex problems here at home, he has a proven ability to adapt and excel in a wide variety of settings. I am confident his energy and insight will serve him well in the Senate,” Cruz said in a statement. He joins Club for Growth and FreedomWorks in backing Nicholson. There are eight months until the Republican primary on August 14, 2018.

Trump and Bannon in conflict following reports Bannon was critical in tell-all book

• In October 2017, former White House chief strategist Steve Bannon pledged to further President Donald Trump's agenda outside of Washington, D.C., by challenging establishment Republicans through competitive primaries. "We’re going after these guys tooth and nail. We are declaring war on the Republican establishment that does not back the agenda that Donald Trump ran on. This agenda works. The American people voted for it," Bannon said. The belief that a Bannon endorsement came with implicit support from Trump was challenged on Wednesday when excerpts from a book by journalist Michael Wolff, Fire and Fury: Inside the Trump White House, featured quotes from Bannon critical of Trump's inner circle, including his son Donald Trump Jr.
  • "Steve Bannon has nothing to do with me or my Presidency. When he was fired, he not only lost his job, he lost his mind. ... Steve doesn’t represent my base—he’s only in it for himself,” Trump responded in a statement.
  • Despite Trump's disapproval, Bannon continued to offer support for the president and his agenda in a radio interview: "The president of the United States is a great man. You know I support him day in and day out.”

Young withdraws from Michigan Senate field

• Former Michigan Supreme Court Justice Robert Young (R) withdrew from the U.S. Senate race in Michigan, citing a lack of financial support. “I didn’t have apparently enough appeal to the major donors out there who may be waiting to see who emerges,” he said. Four Republicans—businessmen John James and Sandy Pensler, historic preservationist Bob Carr, and Army veteran William White—remain in the race for incumbent Debbie Stabenow (D)’s seat, with a filing deadline on April 24, 2018.

Thursday, January 4

Rep. Gregg Harper will not seek re-election in 2018

• U.S. Representative Gregg Harper (R-Miss.) announced on January 4, 2018, that he will not seek re-election to a sixth term in November 2018.
• Harper attributed his decision to a desire to spend more time with his family. He also stated that he had never intended to make a career out of his congressional service.
• Harper has represented Mississippi’s 3rd Congressional District since 2009. According to Politico, the district leans heavily Republican. As of January 4, no candidates have entered the race to replace Harper in November 2018.
• Harper was named chairman of the House Administration Committee at the beginning of the 115th Congress. As chair of the committee, Harper has led several hearings aimed at addressing the recent spate of sexual misconduct allegations on Capitol Hill. Harper also serves as a member of the House Energy and Commerce Committee and was named chairman of the body’s Subcommittee on Oversight and Investigations in December 2017.

FBI opens new investigation into The Clinton Foundation

• The Hill reported that the FBI has opened a new investigation into The Clinton Foundation. According to officials who spoke to The Hill on condition of anonymity, the investigation “is examining whether the Clintons promised or performed any policy favors in return for largesse to their charitable efforts or whether donors made commitments of donations in hopes of securing government outcomes. The probe may also examine whether any tax-exempt assets were converted for personal or political use and whether the foundation complied with applicable tax laws.”
  • Clinton Foundation spokesman Craig Minassian commented on the probe, saying, “Time after time, the Clinton Foundation has been subjected to politically motivated allegations, and time after time these allegations have been proven false. None of this has made us waver in our mission to help people. The Clinton Foundation has demonstrably improved the lives of millions of people across America and around the world while earning top ratings from charity watchdog groups in the process."
  • Hillary Clinton's chief spokesman Nick Merrill also weighed in, saying, "Let’s call this what it is: a sham. This is a philanthropy that does life-changing work, which Republicans have tried to turn into a political football. It began with a now long-debunked project spearheaded by Steve Bannon during the presidential campaign. It continues with Jeff Sessions doing Trump’s bidding by heeding his calls to meddle with a department that is supposed to function independently."

State Department suspends security assistance to Pakistan for failure to combat terrorism

• The State Department announced that it would suspend security assistance to Pakistan, citing the country’s failure to combat terrorism. State Department spokeswoman Heather Nauert said that the U.S. would suspend military equipment deliveries, transfers of security-related funds, and reimbursements to the Pakistani government for money spent on conducting counterterrorism operations. She said, “Until the Pakistani government takes decisive action against groups, including the Afghan Taliban and the Haqqani Network, we consider them to be destabilizing the region and also targeting personnel.” She added that there “may be some exceptions that are made on a case-by-case basis if determined to be critical to national security interests.” According to The Hill, “The U.S. has provided more than $33 billion in assistance to Pakistan since 2002.”
  • Earlier in the week on Tuesday, U.S. Ambassador the United Nations Nikki Haley said that the United States would withhold $255 million in aid from Pakistan for failing to fight terrorism. She said, “The administration is withholding $255 million in assistance to Pakistan. There are clear reasons for this. Pakistan has played a double game for years. They work with us at times, and they also harbor the terrorists that attack our troops in Afghanistan. That game is not acceptable to this administration. … We expect far more cooperation from Pakistan in the fight against terrorism. The president is willing to go to great lengths to stop all funding from Pakistan as they continue to harbor and support terrorism.” Pakistan has denied that it harbors terrorists.

Friday, January 5

State Treasurer Josh Mandel withdraws from Ohio Senate race

• Ohio State Treasurer Josh Mandel (R) withdrew from the state’s 2018 U.S. Senate race on January 5, citing his wife’s health in his withdrawal letter. Mandel was considered one of the leading candidates in the Republican primary. He raised over $3.5 million and received endorsements from six Republican U.S. senators including Marco Rubio and Ted Cruz. Mandel ran for the seat in 2012 and lost to current U.S. Sen. Sherrod Brown (D), who he had been seeking a rematch with in 2018. Without Mandel, the remaining Republican candidates are businessman Mike Gibbons and Melissa Ackison, a businesswoman who appeared in a Trump administration video advocating for the repeal of the Affordable Care Act.
• According to Cincinnati.com, possible replacements for Mandel include Gov. John Kasich, Lieutenant Gov. Mary Taylor, or U.S. Rep. Jim Renacci. Taylor and Renacci are both seeking election as governor in 2018. Kasich had previously suggested that he would not endorse Mandel and two of his former 2016 presidential campaign staffers were working for Gibbons. Kasich and Mandel disagreed over Kasich’s expansion of Medicaid, his proposal to increase taxes on fracking, and Mandel’s support for President Donald Trump.

Congress is in session

The House and Senate will be in session Monday through Thursday.

SCOTUS is in session

The U.S. Supreme Court is scheduled to hear five cases next week: Texas v. New Mexico, Florida v. Georgia, Byrd v. United States, Collins v. Virginia, and Husted v. Randolph Institute. It is also expected to issue new orders and may issue new opinions. To date, the court has agreed to hear arguments in 55 cases; of those 55 cases, the court has heard arguments in 25 cases. To learn more about this term, read our overview.

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.

• Skip to:
• Saturday
• Sunday
• Monday
• Tuesday
• Wednesday
• Thursday
• Friday

Monday, January 8

House of Representatives returns for second session of 115th Congress

• The United States House of Representatives is scheduled to return for the second session of the 115th Congress on January 8, 2017. The Senate returned on January 3, 2018.
• According to The Hill, both chambers plan to be in session for fewer days in 2018 than in 2017 in order to give members time to campaign for the midterm elections in November 2018. The Senate will meet for seven fewer days this year while the House will meet for 24 fewer days.
• Legislators must pass a new spending bill by January 19, 2018, in order to prevent a government shutdown. They must also take action on the Children’s Health Insurance Program (CHIP), which is scheduled to run out funding in February, address emergency relief for natural disaster areas, and develop a solution for the Deferred Action for Childhood Arrivals (DACA) program by the March 5 deadline.
• According to the Chicago Tribune, House Speaker Paul Ryan (R-Wis.) aims to target changes to health care and social assistance programs during 2018. "We're going to have to get back next year at entitlement reform, which is how you tackle the debt and the deficit," said Ryan during a December 2017 radio show appearance. "Frankly, it's the health care entitlements that are the big drivers of our debt, so we spend more time on the health care entitlements - because that's really where the problem lies, fiscally speaking."

Tuesday, January 9

Confirmation hearing for HHS secretary

• Alex Azar, President Donald Trump's nominee to lead the Department of Health and Human Services, will appear before the Senate Finance Committee for his confirmation hearing at 10 a.m.

Thursday, January 11

Deadline to certify Iran nuclear deal

• President Donald Trump is required to certify whether Iran is meeting the terms of the Joint Comprehensive Plan of Action, also known as the Iran nuclear agreement.

Where was the president last week?

• On Tuesday, President Donald Trump had lunch with Vice President Mike Pence and Labor Secretary Alexander Acosta.
• On Wednesday, Trump had lunch with Pence, Secretary of State Rex Tillerson, and Secretary of Defense James Mattis.
• On Thursday, Trump and Pence met with Republican senators at the White House to discuss immigration and 2018 legislative priorities. Trump also presented the National Security Medal to Richard Ledgett Jr. and met with Republican National Committee Chairwoman Ronna Romney McDaniel.
• On Friday, Trump and Pence participated in the Congressional Republican Leadership Retreat at Camp David.

Federal Judiciary

• 143 judicial vacancies in life-term, Article III judicial positions
• 52 pending nominations to life-term, Article III judicial positions
• 20 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.

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