The Federal Tap: Ohio primary shake-up: Renacci joins Senate race

January 12, 2018Issue No. 95

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Week in review

On tap next week

THE WEEK IN REVIEW

Saturday, January 6

Convention delegates to select the Republican nominee in Virginia's 6th

Virginia's Sixth District Republican Committee voted to hold a convention on May 19, 2018, rather than a primary, to select a Republican nominee for Virginia's 6th Congressional District. The committee also supported an amendment that would limit the vote to one ballot, instead of the multi-ballot voting system used at most conventions to reach a majority. Delegates will decide at the convention whether to adopt this amendment. Incumbent Rep. Bob Goodlatte (R-Va.), who has represented the district since 1993, announced last November that he would not seek re-election.

Monday, January 8

DHS announces end date for program allowing El Salvadorans to live and work in U.S.

Department of Homeland Security Secretary Kirstjen Nielsen announced the termination of the Temporary Protected Status (TPS) designation for El Salvador that allowed 262,500 El Salvadorans to live and work in the United States after the humanitarian crisis created by the 2001 earthquake. El Salvadorans living in the U.S. have until September 9, 2019, to return to El Salvador or apply for lawful immigration status in the U.S., if eligible. The delay in termination was designed to give those living in the U.S. time to obtain travel documents and make other arrangements for departure. Nielsen noted that, because of international aid, reconstruction projects to repair schools, hospitals, homes, and water and sanitation systems have been completed.
- The announcement was the fourth change to TPS under the Trump administration. TPS status for immigrants from Sudan, Haiti, and Nicaragua was changed in 2017. TPS is a program that lawfully allows a group of persons temporary refuge in the United States due to a humanitarian crisis.

Royce announces he will not seek re-election

Rep. Ed Royce (R-Calif.), the House Foreign Affairs Committee chairman, announced that he will not seek re-election. He said, “In this final year of my Foreign Affairs Committee chairmanship, I want to focus fully on the urgent threats facing our nation, including: the brutal, corrupt and dangerous regimes in Pyongyang and Tehran, Vladimir Putin’s continued efforts to weaponize information to fracture western democracies, and growing terrorist threats in Africa and Central Asia. With this in mind, and with the support of my wife Marie, I have decided not to seek reelection in November." He becameis the 42nd member of the House and the eighth House panel chairman who will not seek re-election in November 2018.

Billionaire activist Tom Steyer pledges $30 million to flip the U.S. House

Billionaire progressive activist Tom Steyer announced that he planned to spend $30 million this year to increase millennial voter turnout in competitive districts for Democrats, in an effort to flip control of the U.S. House. This isn't the first time Steyer has pledged significant money to a political cause: he launched a $20 million campaign last year calling for the impeachment of President Donald Trump, and in 2016, he spent $91 million on Democratic candidates.
- See also: U.S. House battlegrounds, 2018

Tuesday, January 9

Judge rules that Trump administration must keep renewing DACA permits

San Francisco-based U.S. District Court Judge William Alsup ordered the Trump administration to continue processing renewal applications submitted by individuals who had been granted deferred status under the Deferred Action for Childhood Arrivals (DACA) program. Alsup also ruled that the administration did not have to accept new applications for deferred status from people who had never before received the protected status. Alsup wrote, “DACA gave them a more tolerable set of choices, including joining the mainstream workforce. Now, absent an injunction, they will slide back to the pre-DACA era and associated hardship.”
Alsup wrote that the decision of the Trump administration to end DACA, which allowed individuals who were brought to the United States as children to receive relief from being deported for a period of time if they meet certain criteria, was arbitrary. He also wrote that Attorney General Jeff Sessions' conclusion that the program was illegal appeared to be "based on a flawed legal premise."
According to Politico, “Unless halted by a higher court, the ruling will allow former DACA recipients who failed to renew by an October 5 deadline a chance to submit renewal applications and will also require the administration to allow renewal of applications expiring in the future.”
The order came as Congress continues to debate immigration policy and the future of the DACA program.

Azar appears before Senate Finance Committee

Alex Azar, President Donald Trump’s pick for secretary of health and human services, appeared before the Senate Finance Committee for his confirmation hearing. During the hearing, Azar was asked about drug pricing and the Graham-Cassidy-Heller healthcare bill, among other things. The Senate Finance Committee will have to vote to approve Azar before the full Senate votes on his confirmation. With the exception of Sen. Joe Manchin (D-W.Va), Democrats are unlikely to vote to confirm Azar. All Republicans, with the exception of Sen. Rand Paul (R-Ky.) who has expressed reservation about voting for Azar, are likely to approve Azar. He will only need 51 votes for confirmation.

Massachusetts primary date moved to September 4, 2018

Secretary of the Commonwealth William Galvin announced that Massachusetts' statewide primary date had been moved to September 4, 2018. The primary had initially been scheduled for September 18, but needed to be rescheduled as it conflicted with the Jewish holiday of Yom Kippur.

Steve Bannon steps down from role at Breitbart

The Breitbart News Network announced that former Trump strategist Steve Bannon has stepped down from his position as executive chairman.
The Wall Street Journal reported last Thursday that Breitbart's board was considering removing him from his position at the network. Board member Rebekah Mercer also released a statement last week distancing herself from Bannon. "I support President Trump and the platform upon which he was elected," she said. "My family and I have not communicated with Steve Bannon in many months and have provided no financial support to his political agenda, nor do we support his recent actions and statements."
- Mercer's statement referenced the recent release of excerpts from "Fire and Fury: Inside the Trump White House," a book by reporter Michael Wolff that attributed quotes critical of President Donald Trump's inner circle to Bannon. "The three senior guys in the campaign thought it was a good idea to meet with a foreign government inside Trump Tower in the conference room on the 25th floor - with no lawyers. They didn't have any lawyers," Bannon is quoted in one excerpt as saying about a June 2016 meeting between Russian lawyer Natalia Veselnitskaya and Trump's son Donald Trump Jr., son-in-law Jared Kushner, and then-campaign chairman Paul Manafort. "Even if you thought that this was not treasonous, or unpatriotic, or bad sh-t, and I happen to think it's all of that, you should have called the FBI immediately."
- Trump responded to the publication of the excerpts with a statement denouncing Bannon. "Steve Bannon has nothing to do with me or my Presidency," the statement opened. "When he was fired [from the Trump administration], he not only lost his job, he lost his mind... Steve was rarely in a one-on-one meeting with me and only pretends to have had influence to fool a few people with no access and no clue, whom he helped write phony books."

Nicholson leads in 4Q fundraising for Wisconsin Senate Republican primary

Marine veteran and businessman Kevin Nicholson (R) doubled the fundraising haul of Wisconsin Senate primary rival state Sen. Leah Vukmir (R) in the final quarter of 2017, bringing in roughly $800,000 to Vukmir's $400,000. Super PACs Club for Growth Action and Solutions for Wisconsin are also expected to have $1.1 million earmarked for Nicholson. Vukmir will also have some help this year: Wisconsin Next PAC, which is backing her candidacy, has reported it will have more than $1 million in cash on hand. The winner of the August 14, 2018, Republican primary will likely face incumbent Tammy Baldwin (D-Wis.) in the general election. Three outlets have rated this race Democratic-leaning.

Carlos Ramirez-Rosa drops out of Illinois congressional race

Chicago Alderman Carlos Ramirez-Rosa removed his name from the list of candidates who filed to replace Luis Gutierrez (D) in Illinois' 4th Congressional District on January 9, 2018. Instead, Ramirez-Rosa will support Democratic candidate Jesus Garcia in the race, who was identified by an early internal poll as a top contender.
- Ramirez-Rosa said in a statement, "My campaign, like a modern, effective campaign, conducted an internal benchmark poll...What that benchmark poll showed was that if there were a path forward it would require dividing and splitting the progressive movement. And we need a unified progressive movement if we’re going to take on Donald Trump."

Wisconsin school district settles transgender lawsuit

The Kenosha Unified School District in Wisconsin voted on January 9, 2018, to settle a lawsuit in which a transgender former student said the district discriminated against him. The board voted 5-2 on an $800,000 settlement in the case of Ash Whitaker, the former student who was thought to have been born female but identified as a male. Whitaker filed the suit alleging staff had monitored him by making him wear wristbands so he could be identified.
A court of appeals ruling was made in May 2017 which upheld U.S. District Court Judge Pamela Pepper’s decision allowing Whitaker to use male-only restrooms at the district high school. In August 2017, the district filed a petition to the U.S. Supreme Court requesting that it overturn that appeals court ruling. The January 2018 settlement withdrew the district's petition to the Supreme Court.

North Carolina congressional maps deemed gerrymandered

On January 9, 2018, a panel of federal judges ruled that the North Carolina’s congressional district map demonstrated unconstitutional partisan gerrymandering. The plaintiffs in the case had claimed that the map was unconstitutionally drawn to favor Republican candidates and limit the influence of non-Republican voters. United States Circuit Court Judge James Wynn wrote the majority opinion overturning the map. The General Assembly of North Carolina has until January 24, 2018, to approve new district lines.
Wynn, joined in the majority opinion by Judge Earl Britt, wrote, “We agree with Plaintiffs that a wealth of evidence proves the General Assembly’s intent to 'subordinate' the interests of non-Republican voters and 'entrench' Republican domination of the state’s congressional delegation.
Judge William Osteen concurred in the judgment but wrote separately.

Wednesday, January 10

U.S. Rep. Darrell Issa announces retirement

U.S. Rep. Darrell Issa (R) announced that he will not run for re-election this year. Issa, who was first elected in 2000, represents California's 49th Congressional District. He is the 43rd member of the House who will not seek re-election in 2018.
Five other candidates have expressed interest in the race: Democratic candidates Douglas Applegate, Sara Jacobs, Paul Kerr, and Mike Levin and Peace and Freedom Party candidate Jordan Mills. Applegate previously ran for the seat in 2016, losing to Issa in the general election by 0.6 percent of the vote. The filing deadline for candidates interested in running in this election is March 9.
A top-two primary, in which candidates of all party affiliations compete in the same primary and the top two vote-getters advance to the general election, will be held for the 49th District seat on June 5. The general election is scheduled for November 6.

Three Democrats and 13 Republicans running in Arizona’s 8th special election

Three Democrats and thirteen Republicans filed to compete in the special election to fill the seat left vacant by Rep. Trent Franks (R) in Arizona’s 8th Congressional District. Franks was one of six members of Congress who either resigned or announced their retirement due to sexual misconduct allegations in 2017. This district, which backed the Republican presidential nominee by 20 points or more in the past three election cycles, is a safe Republican seat. Among the candidates are three former and current members of the state legislature: state Sens. Debbie Lesko (R) and Steve Montenegro (R) and former state Rep. Phil Lovas (R). The Democratic candidates are Gene Scharer, Dr. Hiral Tipirneni, and Brianna Westbrook. Primaries will be held next month on February 27, and the general election is scheduled on April 24.

Pennsylvania congressional map upheld

On January 10, 2018, a panel of federal judges in Pennsylvania dismissed a lawsuit challenging the constitutionality of Pennsylvania's congressional map. The case concerns the congressional map passed by the Republican-controlled General Assembly in 2011. The plaintiffs alleged that the congressional map violated the Elections Clause of the United States Constitution. They claimed that the map was gerrymandered to ensure Republican control in many districts. By a 2-1 vote, the panel upheld the 2011 map. However, each judge on the panel wrote a separate opinion--the two judges in the majority did not agree on the reason for upholding the map. Judge Brooks Smith and Judge Patty Shwartz made up the majority. Judge Michael Baylson dissented.
Judge Smith would have ruled that the plaintiffs' claims were not within the court's power to resolve. He wrote, "The structural change Plaintiffs seek must come from the political branches or from the political process itself, not the courts. For these reasons, I would hold that the Elections Clause claim raises a non-justiciable political question."
Judge Patty Shwartz agreed that the map should be upheld, but she would have ruled that the plaintiffs did not have standing to bring the case: "Plaintiffs lack standing to bring a statewide challenge to the map because they have not presented a plaintiff from each congressional district who has articulated a concrete and particularized injury in fact." However, she continued, even if the plaintiffs did have standing, "Their claim would still fail because the legal test they propose for an Elections Clause claim is inconsistent with established law."
Finally, Judge Michael Baylson dissented. Baylson would have ruled that the map constituted unconstitutional gerrymandering. He wrote that while the United States Supreme Court had not previously ruled on a gerrymandering claim under the Elections Clause, he believed Supreme Court precedent had established standards for fair congressional maps. Under those standards, he wrote, he believed the plaintiffs had proved their case.

Thursday, January 11

Cramer (R) will not challenge Heitkamp (D) for U.S. Senate seat in North Dakota

In spite of urging from the White House, U.S. Rep. Kevin Cramer (R-N.D.) announced that he would not challenge Sen. Heidi Heitkamp (D-N.D.) for her seat in the U.S. Senate, citing his preference for the relationship that members of the U.S. House have with their constituents. That leaves one Republican in the race: state Sen. Tom Campbell. Cramer said of Campbell's chances of winning against Heitkamp, "Oh he can, there’s no question in my mind that Tom can. I’ve done enough poling and I’ve seen other polling to know." With a filing deadline on April 9, there is still time for another Republican contender to step forward. Former U.S. Rep. Rick Berg (R), who won the Republican nomination and lost to Heitkamp by one percentage point in 2012, could also launch a bid for a rematch.

House renews NSA’s surveillance program

The House passed a measure that would renew the National Security Agency’s (NSA) warrantless surveillance program for six years by a vote of 256-164. Section 702 of the Foreign Intelligence Surveillance Amendments Act of 2008 authorizes the intelligence community to collect the communications, including text messages and emails, of non-U.S. citizens located outside of the United States without a warrant for intelligence purposes. Information can be collected without a warrant even in the event that a non-U.S. citizen communicates with a U.S. citizen, which opponents of Section 702 say is a violation of Fourth Amendment protections. Supporters of 702, including the intelligence community, say that it is an effective tool for identifying and stopping acts of terror. The bill now heads to the Senate. The program is set to expire on January 19, 2018, but the Senate is expected to quickly pass the legislation.
- Before the final vote, the House rejected an amendment to the legislation that was introduced by Rep. Justin Amash (R-Mich.) by a vote of 183-233. It proposed requiring federal law enforcement agencies to obtain warrants before being able to search the NSA's database of communications collected under the Section 702 programs.

Jim Renacci withdraws from Ohio gubernatorial race, joins Senate primary

U.S. Rep. Jim Renacci (R) announced on Thursday that he would withdraw from the Republican primary for governor of Ohio in order to seek the party's nomination for the U.S. Senate seat currently held by Sherrod Brown (D). Renacci's announcement came the week after Ohio State Treasurer Josh Mandel (R) announced that he was withdrawing from the U.S. Senate primary election due to an illness in the family. Prior to his announcement, Mandel had raised a total of $3.5 million and had secured endorsements from Senators Marco Rubio (R-FL), Ted Cruz (R-TX), and Tom Cotton (R-AR). Other declared candidates in the U.S. Senate election include banker Mike Gibbons (R) and businesswoman Melissa Ackison (R). Additional candidates have until February 7 to file for the race.
Renacci's announcement narrowed the field of candidates in the gubernatorial primary election to two: Attorney General Mike DeWine (R) and Lieutenant Governor Mary Taylor (R). A fourth candidate, Secretary of State Jon Husted (R), dropped out in November and joined the DeWine ticket as his running mate. As in the U.S. Senate race, candidates have until February 7 to file to appear in the May 8 gubernatorial primary.
Because the governor is a Republican and the Republican Party holds majorities in both houses of the state legislature, Ohio is one of 26 Republican trifectas. Similarly, since the governor, attorney general, and secretary of state are all Republicans, Ohio is one of 23 Republican triplexes. This makes Ohio one of 21 states with a Republican trifecta and a Republican triplex.

Trump administration releases guidance allowing states to impose work requirements for Medicaid

The Trump administration released guidance allowing states to impose work requirements for adults to receive Medicaid, as long as they are not disabled, pregnant, or elderly. States will have the ability to define work as a job or community engagement activity, including community service, caregiving, education, job or skills training, job searching, and substance use disorder treatment. For the first time in the history of the program, states can apply for waivers to allow them to require that citizens are employed or are engaging in some type of community engagement to receive Medicaid benefits.
Arizona, Arkansas, Indiana, Kansas, Kentucky, Maine, New Hampshire, North Carolina, Utah, and Wisconsin are seeking waivers. Seema Verma, the administrator of the Centers for Medicare and Medicaid Services (CMS), said, “Our policy guidance was in response to states that asked us for the flexibility they need to improve their programs and to help people in achieving greater well-being and self-sufficiency.”
MaryBeth Musumeci, associate director of the Kaiser Family Foundation’s Program on Medicaid and the Uninsured, said that the change could result in people losing their healthcare coverage. She said, “There is a real risk of eligible people losing coverage due to their inability to navigate this process or miscommunication or other breakdowns in the administrative process.” When asked about the possibility of people losing coverage, Verma said it would be beneficial if the program allowed people to move off of Medicaid and receive employer-provided healthcare coverage. She said, “People moving off of Medicaid is a good outcome because we hope that that means they don’t need the program anymore.”

Friday, January 12

Trump keeps nuclear deal in place; imposes new sanctions

President Donald Trump waived sanctions against Iran that were lifted under the 2015 nuclear deal, formally known as the Joint Comprehensive Plan of Action. An administration official said that it would be the last time Trump waives the sanctions, which he is required to do every 120 days as long as Iran is in compliance with the nuclear deal. The administration official said, “The president will also make clear that this is the last such waiver he will issue. He intends to work with our European partners on some kind of follow-on agreement that enshrines certain triggers that the Iranian regime cannot exceed related to ballistic missiles, related to nuclear breakout period ... to inspection and that would have no sunset clause. If the president can get that agreement that meets his objectives and that never expires, that as he said in his October Iran strategy speech that denies Iran all paths to a nuclear weapon, but forever, not for 10 years or any other shorter period of time, he would be open to remaining in such a modified deal.”
- The administration also announced that the Treasury Department issued non-nuclear sanctions on 14 individuals and entities who were responsible for human rights abuses and censorship and supporting Iran's ballistic missile program.

U.S. Supreme Court will hear Texas redistricting cases as well as 10 other new appeals

On Friday, the United States Supreme Court agreed to hear 12 new cases this term. Among those were two redistricting cases from Texas, which the court consolidated for argument. Those redistricting cases challenged Texas’ congressional map on the grounds of racial discrimination and violations of the Voting Rights Act. A panel of three federal judges had previously ruled that Texas’ Republican-drawn congressional map was the product of unconstitutional racial discrimination. The panel concluded that the creators had intentionally diluted the voting power of minority voters in the state.
With these two grants, redistricting cases are likely to be at the forefront of coverage of the court’s term. The Supreme Court is already considering other redistricting cases from Wisconsin and Maryland. Federal panels in North Carolina and Pennsylvania have also ruled on congressional maps in those states, and those cases could still make their way to the court this year--on Friday, North Carolina asked the Supreme Court to put the federal panel ruling in its case on hold. Responses to North Carolina’s request are due by January 17.
Issues raised by the other 10 new cases include the rights of out-of-state retailers to charge sales tax and how much deference U.S. courts should give to foreign courts’ interpretations of their own countries’ laws. The court will schedule arguments in the new cases at a later date. As of January 12, the court has now agreed to hear 67 cases; of those 67 cases, the court has heard arguments in 30 cases. During the 2016-2017 term, the court heard a total of 71 cases.

U.S. Rep. Martha McSally (R) officially enters Arizona Senate race

U.S. Rep. Martha McSally (R) entered the U.S. Senate race in Arizona. "Like our president, I'm tired of PC politicians and their BS excuses. I'm a fighter pilot and I talk like one. That’s why I told Washington Republicans to grow a pair of ovaries and get the job done," she said in a video announcing her candidacy. She joins Steve Bannon-backed Kelli Ward (R), former Maricopa County Sheriff Joe Arpaio, and two other Republicans in the race to take on the likely Democratic nominee, U.S. Rep. Kyrsten Sinema (Ariz.), for this toss-up seat left open by retiring incumbent Sen. Jeff Flake (R-Ariz.).

Congress is in session

The House and Senate will be in session Tuesday through Friday.

SCOTUS is in session

The U.S. Supreme Court is scheduled to hear four arguments next week, including one argument covering three consolidated cases: Hall v. Hall, Dalmazzi v. United States/Cox v. United States/Ortiz v. United States (consolidated), Encino Motorcars LLC v. Navarro (2017), and McCoy v. Louisiana. It is also expected to issue new orders and may issue new opinions. To date, the court has agreed to hear arguments in 67 cases; of those 67 cases, the court has heard arguments in 30 cases. To learn more about this term, read our overview.

WHAT'S ON TAP NEXT WEEK

Thursday, January 18

Trump schedules visit to southwestern Pennsylvania ahead of special election

President Donald Trump (R) is expected to visit a manufacturing plant in southwestern Pennsylvania with Republican Congressional special election candidate Rick Saccone. Trump’s appearance is designed to increase Saccone’s profile with about two months remaining before the 18th Congressional district special election on March 13, 2018. The district’s former Congressman, Tim Murphy (R), announced his resignation in October 2017 following reports that he encouraged a woman with whom he had an extramarital affair to have an abortion. Saccone faces Democratic nominee Conor Lamb in the special election, with the winner serving the remainder of Murphy's term. Saccone has stated he will be a strong supporter of Trump’s agenda, and national Republicans see the President’s involvement as vital to retaining the seat, which Trump won by 20 points during the 2016 presidential election. The Republican National Committee, the Congressional Leadership Fund, and two outside groups (Ending Spending and 45Committee) are also planning to send volunteers and conduct media campaigns to support Saccone. This is one of four Congressional special elections already scheduled in 2018

Friday, January 19

Deadline to pass funding legislation

Congress must pass funding legislation to avoid a government shutdown. Congress is likely to pass a continuing resolution (CR) instead of a full funding deal. It would be the fourth CR to come up for a vote since September.

Where was the president last week?

On Monday, President Donald Trump spoke at the American Farm Bureau Federation’s annual convention in Nashville, Tenn. In the evening, he attended the College Football Playoff National Championship in Atlanta, Ga.
On Tuesday, Trump met with senators at the White House to discuss immigration. He signed the executive order, "Supporting our Veterans during their Transition from Uniformed Service to Civilian Life.” He also met with Defense Secretary James Mattis.
On Wednesday, Trump held a Cabinet meeting. He then had lunch with Vice President Mike Pence and Secretary of State Rex Tillerson. Trump welcomed Norway's prime minister, Erna Solberg, to the White House. Trump then met with U.S. Ambassador to the United Nations Nikki Haley and Treasury Secretary Steven Mnuchin.
On Thursday, Trump led a discussion on prison reform at the White House. He then met with his national security team.
On Friday, Trump signed a proclamation honoring Martin Luther King Day. He then had his physical examination at Walter Reed National Military Medical Center.

Federal Judiciary

148 judicial vacancies in life-term, Article III judicial positions
47 pending nominations to life-term, Article III judicial positions
24 future vacancies to life-term, Article III judicial positions

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

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