The Federal Tap: July 10, 2021

President Biden issues executive order on the economy

President Joe Biden (D) signed an executive order on July 9 that the White House said would reduce corporate consolidation and increase competition.

The order included 72 initiatives, including policies related to lowering prescription drug prices, requiring greater disclosure of Internet plan costs and eliminating excessive early termination fees, and challenging third-party repair and self-repair restrictions from manufacturers. The order also included provisions restricting occupational licensing requirements and worker non-compete agreements, and initiatives affecting the airline and banking industries. It also includes a call for the Federal Communications Commission to adopt net neutrality rules.

Biden wrote it was his administration’s policy “to enforce the antitrust laws to combat the excessive concentration of industry, the abuses of market power, and the harmful effects of monopoly and monopsony” in labor, agriculture, Internet, healthcare, and other markets. 

Brown, Turner receive endorsements in Democratic race for upcoming primary in Ohio’s 11th Congressional District

The Congressional Black Caucus (CBC) PAC endorsed Shontel Brown on July 7 in the special Democratic primary for Ohio's 11th Congressional District. Politico's Ally Mutnick wrote that CBC PAC's endorsement is "notable because it reinforces another through-line in today’s Democratic politics: the Black Caucus’ battle against the left.” The Congressional Progressive Caucus endorsed Nina Turner in the Aug. 3 primary. 

Inside Elections rates the Nov. 2 general election Solid Democratic. Thirteen candidates are running in the primary. Brown serves on the Cuyahoga County Council and chairs the county Democratic Party. Turner, a former state senator, was a national surrogate for Bernie Sanders' 2016 Democratic presidential primary campaign and co-chaired his 2020 presidential primary campaign.

Former Secretary of State and 2016 Democratic presidential nominee Hillary Clinton endorsed Brown in the special primary. Sanders endorsed Turner. Other notable endorsers include House Majority Whip James Clyburn (D-S.C.) for Brown and the editorial board of The Cleveland Plain Dealer—Ohio's largest newspaper—for Turner. 

Where was the president last week?

• On Monday and Tuesday, Biden remained in Washington, D.C. 
• On Wednesday, Biden delivered remarks on his Build Back Better agenda at McHenry County College in Crystal Lake, Illinois.  
• On Thursday, Biden remained in Washington, D.C. 
• On Friday, Biden departed Washington, D.C., for his home in Wilmington, Delaware. 

Federal Judiciary

• 82 federal judicial vacancies
• 17 pending nominations
• 29 future federal judicial vacancies

Michigan Supreme Court rejects lawsuit to delay redistricting

On July 9, the Michigan Supreme Court denied a request in a lawsuit brought by the Michigan Independent Citizens Redistricting Committee and the secretary of state for an extension in the deadline for producing new congressional and state legislative district maps. The plaintiffs had requested that the deadline for a first draft to be presented to the public be moved back from Sept. 17 to Dec. 11.

U.S. Supreme Court accepts 10 cases for upcoming term

The U.S. Supreme Court announced on July 2 that it granted review of 10 cases to be argued during the October 2021 term:

• Carson v. Makin, concerns public education funding and religious education, and the U.S. Supreme Court's decision in Espinoza v. Montana Department of Revenue (2020).
• United States v. Taylor, involves the Hobbs Act and the definition of a "crime of violence."
• Cummings v. Premier Rehab Keller, P.L.L.C., involves federal disability laws and whether they allow the petitioner to be awarded compensatory damages for emotional distress.
• Hughes v. Northwestern University, concerns Employee Retirement Income Security Act of 1974 (ERISA) defined-contribution retirement plans.
• Becerra v. Empire Health Foundation, concerns whether the U.S. Department of Health and Human Services (HHS) had the authority to change the hospital reimbursement formula when a federal court ruled that the statute was clear regarding how the agency should calculate those payments.
• CVS Pharmacy, Inc. v. Doe, involves disability discrimination claims under the Rehabilitation and Affordable Care Acts.
• Gallardo v. Marstiller, concerns tort claims and state Medicaid program reimbursement.
• American Hospital Association v. Becerra, concerns whether the Chevron deference doctrine permitted HHS to interpret the Medicare statute in a way that allowed the agency to lower the reimbursement rate.
• Pivotal Software, Inc. v. Tran, involves the Private Securities Litigation Reform Act's discovery-stay provision.
• Mississippi v. Tennessee, concerns a dispute between the States of Mississippi and Tennessee involving an aquifer's groundwater.

The Supreme Court will begin hearing cases for the term on October 4. To date, the court had agreed to hear 31 cases during its 2021 term. One case was dismissed after it was granted.

Congress is in session

Both the House and Senate are in session next week. Click here to see the full calendar for the first 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.

Ballotpedia’s polling index shows presidential approval at 52%, congressional approval at 32%

Ballotpedia’s polling index showed President Joe Biden (D) at 52% approval and 43% disapproval as of July 8. At this time last month, his approval rating was at 53%.

The highest approval rating Biden has received during his tenure is 55%, last seen on May 26. The lowest approval rating he has received is 51% on March 29.

Congressional approval is at 32%, and disapproval is at 57%, according to our index. At this time last month, congressional approval was at 25%.

The 117th Congress’ current approval rating of 32% is the highest it has received. The lowest approval rating it has received is 19%, last seen on June 23.

At this time during the tenure of former President Donald Trump (R), presidential approval was at 40% and congressional approval was at 17%. To see more comparisons between Biden and Trump administration polling, click here.