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Welcome to The Federal Tap
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June 26, 2021
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Our weekly summary of federal news highlights the 10 rulings that the Supreme Court issued this week and the formation of a select U.S. House committee to investigate the Jan. 6 breach at the Capitol. Read all about it in this week’s edition of the Federal Tap:
We won’t publish the Tap next week due to the Independence Day holiday. Our next edition will be on July 10. |
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BALLOTPEDIA |
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U.S. Supreme Court issues rulings in 10 cases this week
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The U.S. Supreme Court issued opinions this week in 10 cases that were argued during the 2020-2021 term.
The Court released three rulings on June 21:
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United States v. Arthrex Inc. (Consolidated with Smith & Nephew Inc. v. Arthrex Inc. and Arthrex Inc. v. Smith & Nephew Inc.) concerned administrative patent judge appointments. The lower court’s judgment was vacated and the case was remanded for further proceedings in a 5-4 opinion. Chief Justice John Roberts authored the court’s majority opinion.
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Goldman Sachs Group v. Arkansas Teacher Retirement System concerned class action lawsuits pertaining to securities fraud. In an 8-1 opinion, the lower court’s judgment was vacated and the case was remanded. Justice Amy Coney Barrett authored the majority opinion.
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National Collegiate Athletic Association (NCAA) v. Alston (Consolidated with American Athletic Conference v. Alston) concerned federal antitrust law and the NCAA's compensation rules. The court unanimously upheld the lower court’s ruling. Justice Neil Gorsuch penned the court’s opinion.
The Court released four rulings on June 23:
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Lange v. California concerned warrantless entry into a private residence. The court ruled unanimously to vacate the lower court’s judgment and remanded the case. The majority opinion author was Justice Elena Kagan.
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Collins v. Yellen (Consolidated with Yellen v. Collins) concerned the extent of the president’s removal powers and control of independent federal agencies. In a 7-2 ruling, the court affirmed in part, reversed in part, and vacated in part the lower court decision and remanded the case. Justice Samuel Alito delivered the majority opinion.
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Mahanoy Area School District v. B.L. concerned free expression and whether Tinker v. Des Moines Independent Community School District (1969) applies to students' off-campus speech. In an 8-1 opinion, the court upheld the lower court’s ruling. The majority opinion author was Justice Stephen Breyer.
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Cedar Point Nursery v. Hassid concerned the regulation of labor union organizers' access to employees at worksites in California. In a 6-3 ruling, the court reversed the lower court’s ruling and remanded the case. Chief Justice Roberts penned the majority opinion.
The Court released three rulings on June 25:
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TransUnion LLC v. Ramirez, a case concerning damages awarded in a class action lawsuit, was decided in a 5-4 ruling. The court reversed the appeals court’s judgment and remanded the case for further proceedings. Justice Brett Kavanaugh authored the majority opinion.
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HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association concerned Clean Air Act exemption order extensions and was decided in a 6-3 opinion. The court reversed the appeals court’s ruling. Justice Neil Gorsuch delivered the court’s majority opinion. Justice Amy Coney Barrett filed a dissenting opinion, her first since joining the court on Oct. 26, 2020.
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Yellen v. Confederated Tribes of the Chehalis Reservation (Consolidated with Alaska Native Village Corporation Association v. Confederated Tribes of the Chehalis Reservation) concerned Alaska Native corporations and whether they qualify for Coronavirus Aid, Relief, and Economic Security Act payments. The case was decided in a 6-3 ruling. The court reversed the appeals court’s judgment and remanded the case. Justice Sonia Sotomayor authored the majority opinion and Justice Gorsuch filed a dissenting opinion.
The court has issued 59 opinions so far this term. Two cases were decided in one consolidated opinion. Seven cases were decided without argument. Five cases argued during the term have yet to be decided. |
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House Speaker Nancy Pelosi announces formation of select committee on Jan. 6 Capitol breach
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House Speaker Nancy Pelosi (D-Calif.) announced on June 24 that the House of Representatives would establish a select committee to investigate the breach of the U.S. Capitol on Jan. 6.
During a press conference announcing the committee, Pelosi said, “January 6th was one of the darkest days in our nation's history. It is imperative that we establish the truth of that day and ensure that an attack of that kind cannot happen, and that we root out the causes of it all. The Select Committee will investigate and report on the facts and the causes of the attack, and...report recommendations for the prevention of any future attack.”
Pelosi said the committee’s leadership and members would be announced later.
Where was the president last week?
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On Monday through Wednesday, Biden remained in Washington, D.C.
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On Thursday, Biden delivered remarks on U.S. vaccination efforts at the Green Road Community Center in Raleigh, North Carolina.
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On Friday, Biden left Washington, D.C., for Camp David, Maryland.
Federal Judiciary
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83 federal judicial vacancies
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18 pending nominations
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30 future federal judicial vacancies
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Colorado redistricting commission releases draft congressional maps
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The staff of the Colorado Independent Congressional Redistricting Commission released a preliminary congressional district plan on June 23. Colorado is the first state in the current redistricting cycle to produce draft congressional maps.
The commission will now conduct at least three public hearings on the proposed maps in each of the state's current congressional districts. This makes for a total of at least 21 public hearings, all of which must also be broadcast online. After public hearings are concluded, the commission can take a vote on the preliminary map or ask commission staff to make revisions. In order to enact a map, eight of the commission's 12 members (including at least two unaffiliated members) must approve of it. The Colorado Supreme Court must also sign off on the map.
As a result of reapportionment following the 2020 census, Colorado gained one new seat. The state will have eight seats in the U.S. House of Representatives during the next 10 years. |
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Vice President Harris casts fifth and sixth tie-breaking votes in the U.S. Senate
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Vice President Kamala Harris (D) cast her fifth and sixth tie-breaking votes in the U.S. Senate on June 22. She broke two 50-50 ties to invoke cloture on the nomination of Kiran Ahuja for director of the Office of Personnel Management and to confirm Ahuja to that position.
John Adams cast the first tie-breaking vote in the Senate as vice president on July 18, 1789. In total, 37 vice presidents have cast 274 tie-breaking votes in that chamber. Twelve vice presidents, including Joe Biden (D) and Dan Quayle (R), never cast a tie-breaking vote during their time in office.
Congress is in session
The House is 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.
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Senate confirms two Article III judges
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The U.S. Senate confirmed two of President Joe Biden’s (D) nominees to Article III judgeships:
Boardman and Jackson-Akiwumi were nominated to the court by President Biden on April 19, 2021. Boardman was confirmed by the Senate on June 23, by a vote of 52-48. Jackson-Akiwumi was confirmed on June 24, by a vote of 53-40.
To date, seven of President Biden’s judicial nominees have been confirmed by the Senate since he took office on Jan. 20, 2021. |
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Ballotpedia’s polling index shows presidential approval at 53%, congressional approval at 21%
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Ballotpedia’s polling index showed President Joe Biden (D) at 53% approval and 43% disapproval as of June 24. At this time last month, his approval rating was at 54%.
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 21% and disapproval is at 62%, according to our index. At this time last month, congressional approval was at 28%.
The highest approval rating the 117th Congress has received is 30%, last seen on May 11. 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. |
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