The Federal Tap: Senate confirms three Cabinet nominees this week
From Ballotpedia
February 27, 2021Issue No. 242
THE WEEK IN REVIEW
Monday, February 22
Supreme Court accepts first cases to be heard during 2021-2022 term
- The U.S. Supreme Court announced on Feb. 22 it had granted review in five cases for its upcoming 2021-2022 term. These cases are the first ones that the Court has accepted for its next term, which is scheduled to begin on Oct. 4, 2021. To date, the court has granted review in 63 cases for the 2020-2021 term.
- American Medical Association v. Cochran (Consolidated with Oregon v. Cochran and Cochran v. Mayor and City Council of Baltimore) are consolidated cases that originated in the U.S. Court of Appeals for the 9th Circuit and the U.S. Court of Appeals for the 4th Circuit, respectively. The cases concern a 2019 rule made by the U.S. Department of Health and Human Services (HHS) that placed more abortion-related restrictions on healthcare providers receiving federal funds under Title X of the Public Health Service Act. The American Medical Association (AMA), other Title X providers, and several states sued, arguing that HHS violated the Administrative Procedure Act (APA) by issuing the rule. These three cases have been combined with a total of one hour allotted for oral argument.
- Department of Homeland Security v. New York concerns the “public charge” rule of the Immigration and Nationality Act that details how federal agencies determine the inadmissibility of immigrants likely to become public charges. The case originated from the U.S. Court of Appeals for the 2nd Circuit.
- Wooden v. United States concerns search and seizure protections under the Fourth Amendment to the U.S. Constitution and how predicate offenses are considered and classified under the Armed Career Criminal Act (ACCA). A predicate offense is a crime that may be considered a component of a larger crime. The case originated from the U.S. Court of Appeals for the 6th Circuit.
Supreme Court resumes hearing oral arguments
- The Supreme Court of the United States (SCOTUS) continued its 2020-2021 term on Feb. 22 with the beginning of its February sitting. The February sitting runs from Feb. 22 through March 3, during which time SCOTUS will hear six hours of oral argument. Consistent with the court’s policy in response to the COVID-19 pandemic, all arguments will be made via teleconference with live audio provided.
- The court’s oral argument schedule for the February sitting is as follows:
- Feb. 22: Florida v. Georgia
- Feb. 23: Barr v. Dai (consolidated with Barr v. Alcaraz-Enriquez)
- Feb. 24: Lange v. California
- March 1: United States v. Arthrex Inc. (consolidated with Smith & Nephew Inc. v. Arthrex Inc. and Arthrex Inc. v. Smith & Nephew Inc.)
- March 2: Brnovich v. Democratic National Committee (consolidated with Arizona Republican Party v. Democratic National Committee)
- March 3: Carr v. Saul (consolidated with Davis v. Saul)
- As with single cases, consolidated cases are allotted one hour total for oral arguments. The court’s March sitting is scheduled to begin on March 22 and will continue through March 31.
- As of Feb. 22, the court has agreed to hear 63 cases during its 2020-2021 term. Of those, 12 were originally scheduled for the 2019-2020 term but were delayed due to the coronavirus pandemic. The court has issued opinions in 15 cases this term. Four cases were decided without argument.
Governor sets special election in Texas' 6th Congressional District for May 1
- Texas Gov. Greg Abbott (R) set the special election for the state's 6th Congressional District for May 1. The election will fill the vacancy created when Ronald Wright (R) died from complications related to COVID-19 on Feb. 7. Candidates seeking to run must file with the secretary of state by March 3.
- Two other special elections have been scheduled for vacant U.S. House seats in the 117th Congress. Louisiana’s 2nd Congressional District became vacant after Rep. Cedric Richmond (D) joined the Biden administration as senior adviser to the president and director of the White House Office of Public Engagement. Louisiana’s 5th Congressional District became vacant when Rep.-elect Luke Letlow (R) died on December 29, 2020, from complications related to COVID-19 before he was sworn into office. Both Louisiana special elections will take place on March 20.
Tuesday, February 23
Senate confirms Tom Vilsack as secretary of agriculture, Linda Thomas-Greenfield as U.N. ambassador
- The Senate confirmed Linda Thomas-Greenfield to serve as U.S. ambassador to the United Nations by a vote of 78-20 on Feb. 23. Thomas-Greenfield has served in the U.S. Foreign Service for three decades.
- The Senate also confirmed Tom Vilsack to serve as secretary of agriculture by a vote of 92-7.
- Six Republicans voted against his confirmation: Sens. Ted Cruz (R-Texas), Josh Hawley (R-Mo.), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), Rick Scott (R-Fla.), and Dan Sullivan (R-Alaska).
- Sen. Bernie Sanders (I-Vt.) also voted against Vilsack, marking the first time a member of the Senate Democratic caucus voted against a Biden nominee.
- Vilsack previously served as secretary of agriculture in the Obama administration.
Thursday, February 25
Supreme Court rules on case involving the Federal Tort Claims Act
- The Supreme Court of the United States (SCOTUS) issued an opinion on Feb. 25 in Brownback v. King, which concerned the judgment bar of the Federal Tort Claims Act (FTCA). The case originated from the U.S. Court of Appeals for the 6th Circuit and was argued before SCOTUS on Nov. 9, 2020.
- In a unanimous ruling, the court reversed the 6th Circuit's ruling and held that the U.S. District Court for the Western District of Michigan's decision in the case was a judgment based on the merits, triggering the judgment bar and disqualifying the plaintiff’s claims against the federal officers. Previously, the 6th Circuit had reversed the district court’s order, holding that the plaintiff’s FTCA claims did not trigger the judgment bar.
- Justice Clarence Thomas delivered the majority opinion of the court and Justice Sonia Sotomayor filed a concurring opinion. Justice Thomas has authored two majority opinions so far this term. The court has issued opinions in 16 cases this term. Four cases were decided without argument.
Senate confirms Jennifer Granholm as energy department secretary
- The Senate confirmed former Michigan Gov. Jennifer Granholm as secretary of energy by a vote of 64-35 on Feb. 25. Her nomination received the second-most ‘no’ votes of President Biden’s Cabinet nominees so far. Alejandro Mayorkas was confirmed as secretary of homeland security by a vote of 56-43.
- Granholm is the tenth member of Biden’s Cabinet to be confirmed.
Congress is in session
Both the House and Senate are in session next week. Click here to see the full calendar for the second session of the 117th Congress.
SCOTUS is in session
The Supreme Court will hear three hours of oral arguments next week. To learn about the 2020-2021 term, click here.
WHAT'S ON TAP NEXT WEEK
Monday, March 1
Senate expected to vote on education, labor secretaries
- The Senate will vote on the nomination of Miguel Cardona for secretary of education on March 1. The Senate Committee on Health, Education, Labor, and Pensions advanced Cardona’s nomination by a vote of 17-5 on Feb. 11. Cardona is currently the commissioner of education in Connecticut.
- The Senate will also vote to invoke cloture on the nomination of Gina Raimondo for secretary of commerce. The Senate Committee on Commerce, Science, and Transportation advanced her nomination by a vote of 21-3 on Feb. 3.
- Cloture has been filed on Cecilia Rouse’s nomination for chair of the Council of Economic Advisers. The Senate Committee on Banking, Housing, and Urban Affairs advanced her nomination unanimously by a 24-0 vote on Feb. 4. Her confirmation vote is also expected this week.
Where was the president last week?
- On Monday through Thursday, Biden remained in Washington, D.C.
- On Friday, Biden gave remarks at the FEMA COVID-19 vaccination facility at NRG Stadium in Houston, Texas.
Federal Judiciary
- 63 federal judicial vacancies
- 0 pending nominations
- 27 future federal judicial vacancies
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
