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The Federal Tap: Outcome in North Carolina’s 9th lingers as hearing postponed
From Ballotpedia
January 11, 2019Issue No. 143
THE WEEK IN REVIEW
Tuesday, January 8
SCOTUS issues two unanimous opinions
- The U.S. Supreme Court issued two unanimous opinions this week–Henry Schein Inc. v. Archer and White Sales Inc., and Culbertson v. Berryhill. Last term, the justices issued 20 unanimous opinions.
- In Henry Schein Inc. v. Archer and White Sales Inc., the court considered a case regarding the Federal Arbitration Act. In his first opinion for the court, Justice Brett Kavanaugh vacated and remanded the ruling of the Fifth Circuit.
- In Culbertson v. Berryhill, the court considered a question concerning Social Security and attorney fees. The court unanimously reversed and remanded the ruling of the Eleventh Circuit Court.
- The justices have granted cert in 65 cases and have issued decisions in seven of them. They have 26 cases remaining on their argument schedule.
Trump makes case for border barrier in televised address; Democratic leadership rejects request
- In the televised address from the Oval Office on January 8, 2019, President Donald Trump said that there is a humanitarian and security crisis at the southern border, and he called on members of Congress to allocate $5.7 billion to build a wall or steel barrier to protect the nation. He said, “At the request of Democrats, it will be a steel barrier rather than a concrete wall. This barrier is absolutely critical to border security. It’s also what our professionals at the border want and need.”
- In making his case for the barrier, Trump said that individuals who enter the country without legal permission from the southern border strain public resources and reduce job availability and wages. He also said that some drugs and criminals enter the country through the southern border, harming Americans.
- In response to those, including Speaker of the House Nancy Pelosi (D-Calif.), who “have suggested a barrier is immoral,” Trump said, “Then why do wealthy politicians build walls, fences, and gates around their homes? They don’t build walls because they hate the people on the outside, but because they love the people on the inside. The only thing that is immoral is the politicians to do nothing and continue to allow more innocent people to be so horribly victimized.”
- The address took place on the 18th day of a partial government shutdown. Trump said that he would not sign legislation to reopen the federal government if it did not include border funding.
- Immediately after Trump’s speech, Pelosi and Senate Minority Leader Chuck Schumer (D-N.Y.), issued a televised response rejecting Trump’s request for a border wall and calling on him to reopen the government. Pelosi said, “President Trump must stop holding the American people hostage, must stop manufacturing a crisis, and must reopen the government.”
- Schumer said that Democrats support border security measures, but “disagree with the president about the most effective way to do it.” Schumer also criticized Trump for creating a crisis that he said did not exist. Schumer said, “This president just used the backdrop of the Oval Office to manufacture a crisis, stoke fear, and divert attention from the turmoil in his administration.”
- In his address, Trump did not declare a national emergency over border security, something he is considering if Congress refuses to fund the requested border barrier. “Federal law allows the president to halt military construction projects and divert those funds for the emergency,” according to The Wall Street Journal. Democrats said that they would challenge Trump’s declaration in court if issued.
State Treasurer LaTurner declares run for open Kansas Senate seat
- Kansas State Treasurer Jake LaTurner became the first declared candidate for the U.S. Senate seat held by Sen. Pat Roberts (R). Roberts announced last week that he would not seek re-election in 2020 after serving in the U.S. Senate since 1997.
- LaTurner was appointed state treasurer in 2017 after incumbent Ron Estes (R) won a special election to a seat in the U.S. House of Representatives. LaTurner won election to a full term in that position in 2018. Prior to that, LaTurner served four years in the Kansas State Senate.
- Roberts is the second U.S. Senator and third member of Congress to declare they won’t seek another term in 2020. Sen. Lamar Alexander (R-TN) announced he wouldn’t seek re-election to his U.S. Senate seat in December 2018, and Rep. Walter Jones (R) confirmed earlier this month that he won’t run for another term in North Carolina’s 3rd Congressional District.
Friday, January 11
Evidentiary hearing on NC-09 postponed until after new state board takes effect
- The evidentiary hearing scheduled regarding alleged absentee ballot fraud in North Carolina’s 9th Congressional District was postponed after the North Carolina State Board of Elections was dissolved last month. A new board is expected to go into effect January 31, 2019.
- Pastor Mark Harris (R) led businessman Dan McCready (D) by 905 votes according to the uncertified results. When the 116th Congress came into session last week, Harris was not sworn in and the district’s seat became vacant. Harris has filed suit in state court to have the results certified, saying that there was not sufficient evidence to justify the delay. Responses are due January 14.
Congress is in session
The House will be in session Monday through Thursday. The Senate will be in session Monday through Friday. Click here to see the full calendar for the first session of the 116th Congress.
SCOTUS is in session
The Supreme Court hear arguments this week on January 14, January 15, and January 16. The court will hear six cases. To learn more about this term, read our review.
WHAT'S ON TAP NEXT WEEK
What's On Tap Next Week
Tuesday, January 15
Senate Judiciary holds confirmation hearing for Barr
- The Senate Judiciary Committee will hold a confirmation hearing for William Barr, President Donald Trump's nominee for United States Attorney General, on January 15-16. Trump announced his intent to nominate Barr to the position on December 7, 2018, and he was formally nominated on January 3, 2019. The Senate will have to confirm Barr with a simple majority vote before he can take office.
Supreme Court hears Azar v. Alina, case about Medicare reimbursements
- At issue in the Azar v. Allina Health Services case is the process the U.S. Department of Health and Human Services (HHS) used to change Medicare reimbursement rates.The court limited the case to whether the law required HHS to conduct notice-and-comment rulemaking before giving instructions about how to determine Medicare payments.
- The direct impact of the case might be limited to Medicare funding between 2005 and 2013, but the opinion may clarify when rulemaking is required from federal agencies and how the Supreme Court will treat guidance documents, which are the variety of documents created by government agencies to explain, interpret, or advise interested parties about rules, laws, and procedures.
- Justice Brett Kavanaugh wrote the lower court opinion while serving as a judge on the D.C. Circuit Court, and SCOTUSblog reported that he is recused from the case.
Wednesday, January 16
SCOTUS to rehear arguments in Knick v. Township of Scott, Pennsylvania
- The Supreme Court will rehear arguments in Knick v. Township of Scott, Pennsylvania. The court initially heard the case on October 3, 2018, before Justice Brett Kavanaugh was confirmed. SCOTUSblog's Amy Howe said that the justices likely chose to rehear the case "to allow Kavanaugh to break a 4-4 tie."
- Mary Rose Knick challenged an ordinance passed by the Township of Scott in Pennsylvania, arguing that the ordinance violated the Takings Clause of the Fifth Amendment. Under an earlier Supreme Court case, Williamson County Regional Planning Commission v. Hamilton Bank, plaintiffs are required to exhaust all state court remedies before filing a takings claim in federal court. A federal district court, citing Williamson, dismissed Knick's lawsuit, ruling that Knick had failed to exhaust her state remedies. The justices will decide whether the court should overrule the exhaustion requirement under Williamson.
Where was the president last week?
- On Monday, President Donald Trump had lunch with Vice President Mike Pence.
- On Tuesday, Trump delivered an address to the nation from the Oval Office on border security.
- On Wednesday, Trump and Pence met with GOP senators on Capitol Hill. Trump then met with Speaker of the House Nancy Pelosi (D-Calif.) and Senate Minority Leader Chuck Schumer (D-N.Y.) at the White House.
- On Thursday, Trump visited the southern U.S. border and spoke about the border wall.
- On Friday, Trump hosted a roundtable discussion on border security with state and local and community leaders.
Federal Judiciary
- 144 federal judicial vacancies
- 70 pending nominations
- 18 future federal judicial vacancies
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
