The Federal Tap: Satellite group releases ad in NC-3 Republican primary runoff
From Ballotpedia
June 8, 2019Issue No. 163
THE WEEK IN REVIEW
Monday, June 3
SCOTUS releases opinions on Medicare reimbursement, administrative processes, criminal sentencing, and discharge from bankruptcy
- Azar v. Allina Health Services was argued before the court on January 15, 2019.
- At issue was the process the U.S. Department of Health and Human Services (HHS) used to change Medicare reimbursement rates. Several hospitals challenged the way that HHS changed the formula it used to calculate Medicare reimbursement rates for the 2012 fiscal year.
- The outcome: The U.S. Supreme Court ruled 7-1 that HHS has to follow the notice-and-comment process to change how it reimburses hospitals for treating Medicare patients.
- Justice Gorsuch wrote the majority opinion affirming the D.C. Circuit's ruling. Justice Breyer wrote a dissenting opinion. Justice Kavanaugh recused himself because he wrote the opinion for the case when it was heard before the D.C. Circuit.
- Fort Bend County, Texas v. Davis was argued before the court on April 22, 2019.
- Lois Davis, an IT supervisor for Fort Bend County, Texas, sued the county in federal district court, alleging retaliation and religious discrimination under Title VII of the Civil Rights Act of 1964. After several appeals, the U.S. Court of Appeals for the 5th Circuit reversed the district court's ruling dismissing Davis' claim. In its reversal, the 5th Circuit held that a federal court could hear Title VII claims even if the plaintiff had not completed an administrative process required under the title. The ruling was consistent with holdings from seven other circuits and inconsistent with rulings from three circuits.
- The outcome: In a unanimous decision, the U.S. Supreme Court affirmed the 5th Circuit's ruling, holding a federal court can hear claims under Title VII of the Civil Rights Act of 1964 even if the plaintiff has not completed an administrative process required under Title VII.
- Justice Ginsburg delivered the opinion of the court.
- Mont v. United States was argued before the court on February 26, 2019.
- In 2005, Jason Mont was convicted on federal drug charges and sentenced to 120 months in prison and five years of supervised release. In 2017, Mont was sentenced for committing state-level crimes. The federal district court then decided that he had violated the terms of his supervised release and sentenced Mont to 42 months in prison to be served consecutively with his imprisonment for state-court convictions.
- The outcome: In a 5-4 decision, the U.S. Supreme Court affirmed the ruling of the U.S. Court of Appeals for the 6th Circuit. The court held Mont's supervised release was tolled, or paused, under 18 U.S.C. §3624(e), which says a "term of supervised release does not run during any period in which the person is imprisoned in connection with a conviction for a . . . crime unless the imprisonment is for a period of less than 30 consecutive days."
- Justice Thomas delivered the opinion of the court, joined by Chief Justice Roberts and Justices Ginsburg, Alito, and Kavanaugh. Justice Sotomayor dissented, joined by Justices Breyer, Kagan, and Gorsuch.
- Taggart v. Lorenzen was argued before the court on April 24, 2019.
- In 2007, Bradley Taggart transferred his share in Sherwood Park Business Center, LLC (SPBC), to his attorney. Terry Emmert and Keith Jehnke, who also owned shares in SPBC, sued Taggart in state court, seeking attorneys' fees. Taggart filed for bankruptcy in 2009, and in 2010, he received his discharge from the bankruptcy proceedings. After the discharge, Emmert and Jehnke continued to seek attorneys' fees from Taggart. Following litigation in both state and federal court, Emmert, Jehnke, and SPBC were prohibited from pursuing attorneys' fees. A ruling from the Bankruptcy Appellate Panel, affirmed by the U.S. Court of Appeals for the 9th circuit, also held that they did not knowingly violate Taggart's bankruptcy discharge.
- The outcome: The court held that a bankruptcy court can hold a creditor in contempt for violating a bankruptcy court's discharge order if "there is no fair ground of doubt" (emphasis in the opinion) that the order prohibited the creditor's conduct.
- Justice Breyer delivered the opinion of the court.
Satellite group releases ad in NC-3 Republican primary runoff
- Winning for Women Action Fund (WWAF) released an ad opposing state Rep. Greg Murphy in the Republican primary runoff in the special election for North Carolina’s 3rd Congressional District. WWAF endorsed Murphy’s opponent—Dr. Joan Perry—before the April 30 primary. The Republican primary runoff takes place on July 9 and the winner will face Allen Thomas (D) and Tim Harris (L) in the general election on September 10.
- Both candidates were endorsed by members of Congress. Murphy has the backing of Rep. Mark Meadows (NC-11), the House Freedom Caucus, and the Women for Trump PAC. Perry has the support of all 13 Republican women in the U.S. House.
- The special election will fill the seat vacated by Walter Jones (R), who died on February 10, 2019. So far, four special elections have been called to fill vacancies in the 116th Congress. Three of those are for seats in the U.S. House, and one is for a seat in the U.S. Senate.
McCready (D) releases first TV ad in NC-9 special election
- Dan McCready (D) released his first TV ad in the special election campaign for the U.S. House seat representing North Carolina's 9th Congressional District. McCready is running against Republican Dan Bishop, Green Party candidate Allen Smith, and Libertarian Jeff Scott on September 10.
- McCready's ad, entitled "County First," highlights his background as a Marine and says he'll work with Democrats and Republicans on bipartisan plans to cut prescription drug prices, cut taxes for the middle class, and strengthen public schools.
- Bishop had released his first general election ad on May 15, the day after winning the Republican primary. The spot, entitled "Right Dan," features Bishop referring to himself as "conservative Dan—pro-life, pro-gun, pro-wall" and claims that McCready is aligned with socialists and radicals.
- The special election for North Carolina's 9th Congressional District was called by the state board of elections following an investigation into alleged absentee ballot fraud in the 2018 election. McCready ran against Republican Mark Harris in 2018.
Thursday, June 6
2018 Republican Senate nominee announces challenge to Sen. Peters (D) in Michigan
- Businessman John James (R) announced that he will run for the U.S. Senate seat held by Sen. Gary Peters (D) in 2020. James was the Republican nominee in 2018 for the Senate seat held by Sen. Debbie Stabenow (D). James defeated Sandy Pensler, 54.7% to 45.3%, in the Republican primary before losing to Stabenow in the general election, 52% to 46%.
- Peters was first elected to the Senate in 2014, defeating Terri Lynn Land (R), 54.6% to 41.3%, in the general election.
- The Senate race will coincide with the 2020 presidential election on November 3, 2020, where Michigan is considered a key battleground. President Donald Trump (R) carried Michigan in the 2016 presidential race over Hillary Clinton (D) by a margin of 47.5% to 47.3%.
Congress is in session
The Senate will be in session June 10-14, and the House will be in session June 10-13. Click here to see the full calendar for the first session of the 116th Congress.
SCOTUS is in session
The Supreme Court finished hearing arguments for the October 2018-2019 term on April 24. To learn more about this term, read our review.
WHAT'S ON TAP NEXT WEEK
Sunday, June 9
Nineteen presidential candidates to speak at Iowa Democratic Party event
- Nineteen 2020 Democratic presidential candidates—Michael Bennet, Cory Booker, Steve Bullock, Pete Buttigieg, Bill de Blasio, John Delaney, Tulsi Gabbard, Kirsten Gillibrand, Kamala Harris, John Hickenlooper, Jay Inslee, Amy Klobuchar, Beto O’Rourke, Tim Ryan, Bernie Sanders, Eric Swalwell, Elizabeth Warren, Marianne Williamson and Andrew Yang—will appear at and speak at the Iowa Democratic Party's Hall of Fame Celebration. Candidates will speak on the main stage for five minutes each.
- Fourteen presidential candidates spoke at the California Democratic Party State Convention in San Francisco June 1 and 2.
- The Iowa caucuses will be held on February 3, 2020, marking the first primary contest of the presidential election.
Where was the president last week?
- On Monday, Trump met with Queen Elizabeth at Buckingham Palace.
- On Tuesday, Trump met with the Prime Minister of the United Kingdom and Northern Ireland.
- On Wednesday, Trump participated in D-Day commemoration ceremonies in England.
- On Thursday, Trump met with the President of the French Republic.
- On Friday, Trump traveled back to Washington, D.C. from Ireland.
Federal Judiciary
- 138 federal judicial vacancies
- 67 pending nominations
- 15 future federal judicial vacancies
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
