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The Federal Tap: One more U.S. House race decided this week
From Ballotpedia
December 7, 2018Issue No. 140
THE WEEK IN REVIEW
Saturday, December 1
NC-09 investigation focused on absentee ballots, Penry resigns from election board
- The North Carolina State Board of Elections is set to hold an evidentiary hearing on alleged voting irregularities in North Carolina’s 9th Congressional District before December 21, 2018. The board’s investigation is reportedly focused on absentee ballot handling in Bladen County. The nine-member board, which includes four Democrats, four Republicans, and one independent, declined to certify results in the 9th District in November.
- Andy Penry, the board’s chairman, resigned from office following a complaint from Wake County Republican Chairman Charles Hellwig saying Penry had made social media posts critical of President Donald Trump (R) and other Republicans. Penry said in a statement announcing his resignation, "The investigation should be free of attempts at distraction and obstruction so that the truth can be revealed.”
Sunday, December 2
Trump agrees to hold off on tariff increase while trade negotiations with China continue
- President Donald Trump agreed to delay the implementation of increased tariffs on $200 billion worth of Chinese goods while trade negotiations with China continue. Tariffs were scheduled to rise from 10 percent to 25 percent on January 1, 2019, but will they will be delayed for 90 days. The announcement came after Trump and Chinese President Xi Jinping met after the G-20 summit. Some elements of the agreement struck by Trump and Xi appear below.
- Xi agreed to designate Fentanyl as a controlled substance. Individuals selling Fentanyl to the United States will be subject to China’s maximum penalty under the law.
- Trump agreed to leave the tariffs on $200 billion worth of goods at 10 percent, instead of increasing tariffs to 25 percent.
- Xi agreed to purchase more agricultural, energy, industrial, and other product from the U.S.
- Trump and Xi agreed to “begin negotiations on structural changes with respect to forced technology transfer, intellectual property protection, non-tariff barriers, cyber intrusions and cyber theft, services and agriculture,” according to a White House press release. These negotiations are scheduled to end in 90 days.
- Trump and Xi agreed to work towards a nuclear-free Korean Peninsula.
- If an agreement is not reached at the end of the 90-day negotiating period, the 10 percent tariffs will be raised to 25 percent, according to the White House.
- In 2018, Trump has imposed tariffs on $250 billion worth of Chinese goods, including a 25 percent penalty on an initial $50 billion and a 10 percent penalty on the remaining $200 billion.
Monday, December 3
Justice Department appeals San Francisco lawsuit on federal funding and sanctuary cities
- The U.S. Department of Justice (DOJ) filed a notice of appeal in the U.S. Court of Appeals for the Ninth Circuit, appealing a ruling from federal district Judge William Orrick, an Obama appointee, in the case of City and County of San Francisco v. Whitaker. On October 5, Orrick ruled the federal government could not withhold federal JAG funds from sanctuary cities and stayed the DOJ's policy pending appeal. The judge said the DOJ's requirements were unconstitutional and violated separation of powers.
- On July 25, 2017, the DOJ announced two new requirements for JAG grants, which are awarded annually to states and cities to support local law enforcement. The new conditions required applicants to comply with federal laws on immigration, particularly through local communication with the U.S. Department of Homeland Security regarding undocumented immigrants. In announcing the new requirements, then-Attorney General Jeff Sessions (R) said local jurisdictions needed to partner more closely with federal immigration authorities as part of the Justice Department’s strategies to reduce violent crime.
- In August 2017, the city of San Francisco and the state of California filed coordinated lawsuits in the U.S. District Court for the Northern District of California challenging the policy. They argued the policy was unconstitutional because it did not appear in federal law or through any act of Congress.
- The case is one of many challenging the Trump administration's requirements for JAG grants. Other cases have been filed in Los Angeles, Chicago, Philadelphia, and New York City, among others.
- Six states--New York, Connecticut, New Jersey, Washington, Massachusetts, and Virginia--filed a joint lawsuit challenging the policy. On November 30, 2018, federal district Judge Edgardo Ramos of the Southern District of New York ruled the federal government could not compel cities and states to cooperate with federal immigration authorities to receive federal public safety (JAG) grants. Ramos, an Obama appointee, ordered the DOJ to disburse the funds without conditions.
Tuesday, December 4
Pompeo gives Russia 60 days to comply with INF Treaty
- Secretary of State Mike Pompeo said that the U.S. would withdraw from the 1987 Treaty on Intermediate-range Nuclear Force (INF) in 60 days if Russia does not return to compliance with the treaty. Pompeo said that the U.S. will develop and test weapons prohibited under the treaty if Russia does not change its behavior.
- The U.S. has accused Russia of violating the treaty with its 9M729 cruise missile project, which has missiles that can strike at a distance of between 300 and 3,400 miles. Russia has denied allegations that they violated the treaty.
- NATO Secretary-General Jens Stoltenberg commented on the situation, saying, “We don’t want a new arms race. It is up to Russia now to preserve the INF treaty.” He added that all NATO allies supported the U.S.’ stance.
- Russian President Vladimir Putin said his country will develop and test prohibited weapons if the U.S. withdraws from the treaty.
- The INF Treaty, which was signed in 1987 by President Ronald Reagan and President of the Soviet Union Mikhail Gorbachev, prohibits the use of intermediate- and shorter-range rockets. It also prohibits testing, producing, or fielding ground-based missiles.
Oral arguments in SCOTUS case about the evidence standard of judicial review of administrative agency hearings
- The U.S. Supreme Court heard oral arguments in the case Biestek v. Berryhill. The case involves a decision made by the Social Security Administration (SSA) to deny a disability benefits claim. Michael Biestek is challenging the decision of an SSA administrative law judge—a government official who presides over administrative hearings and proceedings in a process called adjudication—not to compel a vocational expert to produce data used to justify denying his disability claim. The case raises questions about what is known as the substantial evidence standard of judicial review of agency actions.
- Under the substantial evidence standard, when courts examine actions taken by administrative agencies they have to make sure that the record contains evidence that a reasonable mind might accept as adequate to support a conclusion. In the Biestek case, the Supreme Court will decide whether this standard requires administrative law judges to include the data that supports the testimony of expert witnesses in the official record of adjudication proceedings or whether the testimony alone is sufficient. Although administrative law judges have the word judge in their title, they are part of the executive rather than the judicial branch. They are not judges as described in Article III of the Constitution.
Thursday, December 6
Rep. Valadao concedes to Democrat Cox in CA-21
- Incumbent David Valadao (R) conceded defeat to T.J. Cox (D) in the election for California's 21st Congressional District. Valadao released a statement stating that he had called Cox to congratulate him on his victory and how honored he had been to represent the district for three terms. With more than 113,000 votes counted, Cox received 50.4 percent of the vote and Valadao had 49.6 percent. Valadao was one of 30 Republican incumbent House members to be unseated by Democratic challengers in 2018. The only U.S. House race which has not yet been decided is the election in North Carolina's 9th Congressional District.
Kraninger confirmed as CFPB director
- The United States Senate voted 50-49 to confirm Office of Management and Budget (OMB) official Kathy Kraninger to serve as the head of the Consumer Financial Protection Bureau (CFPB).
- Kraninger replaces Acting Director Mick Mulvaney, who has led the CFPB in an interim capacity—in addition to his role as OMB director—since November 2017.
- Kraninger has served under Mulvaney as an OMB budget official since March 2017. She previously worked in the United States Senate and the U.S. Department of Homeland Security.
- The structure of the CFPB has been declared unconstitutional twice in recent years on account of the agency’s single director who can only be removed for cause. A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit declared the agency’s structure unconstitutional in October 2016, but the full court reversed the panel decision in January 2018. Judge Loretta Preska of the United States District Court for the Southern District of New York declared the agency’s structure unconstitutional in June 2018. The CFPB appealed Judge Preska’s decision to the United States Court of Appeals for the 2nd Circuit on September 14.
Friday, December 7
Trump says he will nominate William Barr as AG
- President Donald Trump announced his intent to nominate William Barr as his attorney general. Barr served as the 77th U.S. attorney general under former President George H.W. Bush from 1991 to 1993. Trump must formally nominate Barr, and then the Senate will have to confirm him.
Congress is out of session
The Senate will be in session Monday through Friday. The House will be in session Monday through Thursday.
SCOTUS is out of session
The Supreme Court will not hear arguments this week. They will next hear arguments the week of January 7, 2019. To learn more about this term, read our review.
WHAT'S ON TAP NEXT WEEK
Where was the president last week?
- On Monday, President Donald Trump received an intelligence briefing. In the afternoon, he meet with Housing and Urban Development Secretary Ben Carson.
- On Wednesday, Trump and first lady Melania Trump attended former President George H.W. Bush's state funeral at Washington National Cathedral.
- On Thursday, Trump had lunch with Secretary of Education Betsy DeVos. He then attended Hanukkah receptions at the White House.
- On Friday, Trump spoke at the 2018 Project Safe Neighborhoods National Conference in Kansas City, Mo.
Federal Judiciary
- 136 federal judicial vacancies
- 69 pending nominations
- 23 future federal judicial vacancies
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
