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The Federal Tap: SCOTUS has issued eight rulings - seven unanimously - this term
From Ballotpedia
January 25, 2019Issue No. 145
THE WEEK IN REVIEW
Tuesday, January 22
SCOTUS issues seventh unanimous ruling this term
- The U.S. Supreme Court issued its seventh unanimous ruling of the 2018-2019 term in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., a patent law case. Justice Clarence Thomas wrote the majority opinion affirming the ruling of the United States Court of Appeals for the Federal Circuit. It was Justice Thomas' third opinion this term.
- The court has heard arguments in 43 cases and issued eight rulings so far. The court has agreed to hear arguments in 29 more cases this term.
- The justices will return to the court on February 19, 2019, for oral arguments. A list of cases for the February sitting can be viewed here.
SCOTUS agrees to hear firearms case
- The U.S. Supreme Court agreed to hear arguments in New York State Rifle & Pistol Association Inc. v. City of New York, New York. The case concerns provisions of New York City’s premises license that prevent a gun owner from transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits.
- A group of New York gun owners is arguing that not being able to travel outside of the city limits with a handgun violates their Second Amendment right, the dormant Commerce Clause, the First Amendment right of expressive association, and the fundamental right to travel.
- It is the first firearms case the court has agreed to hear since 2010 when it heard McDonald v. Chicago, in which it held that the Second Amendment right to keep and bear arms for the purpose of self-defense applies to state and local gun laws. The case will likely be heard during the court's October 2019-2020 term, according to SCOTUSblog's Amy Howe.
SCOTUS grants Trump administration’s request to enforce transgender military policy
- The U.S. Supreme Court approved the Trump administration’s request to temporarily enforce its policy preventing transgender individuals from serving in the military. In December 2018, the administration asked the court to enforce the policy while it was being challenged in lower courts. “Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan all indicated that they would have denied the government’s request,” according to SCOTUSblog.
- On August 25, 2017, President Donald Trump signed a presidential memo instructing the U.S. Department of Defense (DoD) to prevent transgender people from enlisting in the military and requested that the department develop a plan to implement the ban by March 23, 2018. The memo also directed the DoD to stop paying for gender reassignment surgeries, unless the surgeries were already in progress.
- Trump then issued a memorandum on March 23, 2018, preventing most transgender individuals from serving in the military. The memorandum stated that "transgender persons with a history or diagnosis of gender dysphoria -- individuals who the policies state may require substantial medical treatment, including medications and surgery -- are disqualified from military service except under certain limited circumstances."
Trump administration asks SCOTUS to decide census citizenship question case early
- United States Solicitor General Noel Francisco filed a petition asking the U.S. Supreme Court to review a decision made by the United States District Court for the Southern District of New York. The district court ruled on January 15 that Commerce Secretary Wilbur Ross violated the Administrative Procedure Act (APA) by including a question regarding citizenship status in the 2020 census.
- In most cases, the United States Court of Appeals for the 2nd Circuit would review the district court decision first, but Francisco argued that time constraints meant that the U.S. Supreme Court should review the district court decision directly. Francisco asked the court to grant a writ of certiorari before judgment, which would allow the U.S. Supreme Court to hear the case without waiting for the 2nd Circuit. Francisco argued that his petition would allow enough time to resolve the citizenship question dispute before the June 2019 deadline to print the 2020 Census questionnaire.
- Francisco also argued that the court should grant his petition for a writ of certiorari before judgment because the case presents an important question of federal law that ought to be settled by the U.S. Supreme Court. He argued that the case is a matter of national importance with massive and lasting consequences. According to SCOTUSblog, the U.S. Supreme court has only granted such petitions in a small number of cases over the past 75 years.
Wednesday, January 23
Trump postpones State of the Union Address
- After Speaker of the House Nancy Pelosi (D-Calif.) said that she would not allow President Donald Trump to deliver his State of the Union speech scheduled for January 29, until the partial government shutdown ended, Trump said that he would deliver the speech at a later date.
- Trump wrote in a tweet, “As the Shutdown was going on, Nancy Pelosi asked me to give the State of the Union Address. I agreed. She then changed her mind because of the Shutdown, suggesting a later date. This is her prerogative - I will do the Address when the Shutdown is over. I am not looking for an alternative venue for the SOTU Address because there is no venue that can compete with the history, tradition and importance of the House Chamber. I look forward to giving a ‘great’ State of the Union Address in the near future!”
- The announcement came on the 33rd day of the partial shutdown.
Thursday, January 24
Special election in PA-12 set for May 21
- Governor Tom Wolf (D) scheduled the special election to fill the vacancy in Pennsylvania’s 12th Congressional District to coincide with the state’s primary on May 21, 2019.
- The district’s former representative, Tom Marino (R), became the first member of the 116th Congress to resign Wednesday. It's likely he won't be alone in leaving his congressional seat early—20 members of the 115th Congress did so before their terms expired.
Friday, January 25
Congress and Trump reach temporary agreement to fund the government; border talks continue
- Members of Congress and President Donald Trump reached an agreement to fund the government until February 15, 2019, while lawmakers work out a larger plan to address immigration and border security.
- The Senate passed the continuing resolution by voice vote. The House was expected to unanimously pass the bill, and Trump was expected to sign it, ending the 35-day partial government shutdown.
- Trump had previously said that he would not sign legislation to reopen the federal government if it did not include funding for a border wall or barrier, but he agreed to do so, saying that he would declare a national emergency if the negotiations to fund the wall fail.
Congress is in session
The Senate will be in session Monday through Friday. The House will be in session Monday through Thursday. Click here to see the full calendar for the first session of the 116th Congress.
SCOTUS is out of session
The Supreme Court will not hear arguments this week. The court will be back on February 19. To learn more about this term, read our review.
WHAT'S ON TAP NEXT WEEK
Thursday, January 31
New North Carolina State Board of Elections expected to go into effect; still no resolution in NC-09
- A revamped North Carolina State Board of Elections is expected to go into effect on or after Thursday, following the dissolution of the old board last month. Although there is no board currently in place, the board’s professional staff are continuing to investigate alleged election fraud in North Carolina’s 9th Congressional District. Wake County Superior Court Judge Paul Ridgeway denied Mark Harris’ request to certify election results in the district on January 22, saying it would be inappropriate for him to order certification while there was a pending investigation.
- Gov. Roy Cooper (D) will appoint three Democrats and two Republicans to the board from a list of nominees provided by each state party.
Friday, February 1
State Sen. Richard Ojeda, Sen. Chris Murphy are out; Mayor Pete Buttigieg is in for 2020
- Former West Virginia State Senator Richard Ojeda (D) suspended his 2020 campaign for President of the United States Friday. He lost a bid to represent the states 3rd Congressional district in 2018 to Carol Miller (R).
- On Wednesday, Sen. Chris Murphy (D-Conn.) announced that he was not running for president, tweeting, “I love the job I have now. And at least 2 or 3 Democrats in the Senate need to stay behind to keep the fight going here!”
- Also on Wednesday, South Bend Mayor Pete Buttigieg (D) entered into the 2020 presidential race. Buttigieg was the youngest mayor of a U.S. city with at least 100,000 residents when he was first elected in 2011 at age 29. He also serves in the Navy Reserve as a lieutenant and made an unsuccessful bid for Democratic National Committee chairman in 2017.
- With Ojeda's withdrawal and Buttigieg's entrance, there are now eight Democratic elected officials or notable public figures that have filed to run for president with the Federal Election Commission or announced exploratory committees.
- More than 470 candidates have filed to run for president, including 145 Democrats, 66 Republicans,
18 Libertarians, and 11 Greens.
Where was the president last week?
- On Tuesday, President Donald Trump had lunch with Vice President Mike Pence.
- On Wednesday, Trump discussed his immigration proposal with state leaders in the morning and with conservative leaders in the afternoon. He also participated in a discussion on healthcare pricing.
- On Friday, Trump had lunch with Secretary of State Pompeo. He also held meetings with U.S. mayors and Hispanic pastors.
Federal Judiciary
- 146 federal judicial vacancies
- 6 pending nominations
- 19 future federal judicial vacancies
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
