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The Federal Tap: Senate confirms two members of Biden's Cabinet
From Ballotpedia
January 30, 2021Issue No. 238
THE WEEK IN REVIEW
Saturday, January 23
Candidate list finalized for congressional special elections in Louisiana
- Candidates filing to run in the special elections for Louisiana's 2nd and 5th Congressional Districts had to do so by Jan. 22. The primaries are scheduled for Mar. 20 and general elections, if needed, are set for Apr. 24.
- Fifteen candidates filed in the 2nd Congressional District, including eight Democrats, four Republicans, one Libertarian, and two independents. The election was called after Cedric Richmond (D) was announced as a senior adviser to the president and director of the White House Office of Public Engagement for the Biden presidential administration. Richmond served in Congress from 2011 until he resigned on Jan. 15.
- Thirteen candidates filed in the 5th Congressional District, including two Democrats, nine Republicans, and two independents. One Democratic candidate subsequently withdrew after the filing deadline. The election was called after newly-elected Representative Luke Letlow (R) died on Dec. 29, 2020, from complications related to COVID-19.
Monday, January 25
SCOTUS issues ruling, announces it will hear oral arguments in February via teleconference
- The Supreme Court announced on Jan. 22 that it would conduct oral arguments via teleconference and provide live audio streams of the arguments during its February sitting. The court made the decision in accordance with public health guidance in response to COVID-19. Each of the court’s sittings has been held remotely during its October 2020-2021 term.
- The court’s February sitting is scheduled to begin on Feb. 22. Five cases have been scheduled for a total of four hours of oral argument.
- The Court also issued one opinion on Jan. 25. The case, Henry Schein Inc. v. Archer and White Sales Inc., originated from the U.S. Court of Appeals for the 5th Circuit and concerned arbitration agreements. In a per curiam opinion––a ruling given collectively by the whole court––SCOTUS dismissed the case as improvidently granted, meaning that the court concluded that it should not have granted review in the case. Previously, the Eastern District of Texas denied Schein’s motion to compel arbitration and the 5th Circuit affirmed the district court’s ruling.
U.S. House delivers articles of impeachment against President Trump to the Senate
- The House of Representatives delivered an article of impeachment against former President Donald Trump (R) to the Senate on Jan. 25, setting the stage for a Senate trial of the former president.
- The House voted to impeach Trump on a single charge of incitement to insurrection on Jan. 13, with one week remaining in his term. All 222 House Democrats and 10 House Republicans voted in favor of the impeachment, 197 Republicans voted against, and four Republicans did not vote.
- Impeachment and removal of a federal official is a two-stage process. First, a simple majority in the House must vote in favor of impeaching the official. If the official is impeached, the second stage is a trial conducted in the U.S. Senate that can result, with a two-thirds vote, in a conviction and removal from office. The House serves as the prosecution in the trial, with members of the House appointed as impeachment managers to prosecute the case. The impeached official may organize their own legal defense.
- House Speaker Nancy Pelosi (D-Calif.) appointed a team of nine House Democrats led by Jamie Raskin (D-Md.) to serve as impeachment managers. President Trump hired attorney Butch Bowers, whose former clients include South Carolina Govs. Mark Sanford (R) and Nikki Haley (R), to head his defense team.
- This is the first time in U.S. history that a president has been impeached twice. President Trump (R) was impeached on Dec. 18, 2019, on one charge of abuse of power and one charge of obstruction of Congress. The U.S. Senate acquitted Trump on Feb. 5, 2020.
- Two other U.S. presidents have been impeached; Andrew Johnson (D) in 1868 and Bill Clinton (D) in 1998. Although the U.S. House debated articles of impeachment against Richard Nixon (R) in 1974, he resigned before he was impeached.
- This will be the first time in U.S. history that an impeachment trial is held for a former president. The question of whether the Senate can preside over a trial for and convict a former president is not settled.
- Senate Majority Leader Chuck Schumer (D-N.Y.) said the impeachment trial would begin the week of Feb. 8 with Senate President pro tempore Patrick Leahy (D-Vt.) presiding.
Senate confirms Yellen as Treasury secretary
- The Senate confirmed Janet Yellen as secretary of the Treasury on Jan. 25 by a vote of 84-15, making her the first woman to lead that department. She was the third Cabinet-level nominee in Biden’s administration to be confirmed.
- Yellen previously served as the chair of the White House Council of Economic Advisers in the Clinton administration and chair of the Federal Reserve in the Obama administration.
Sen. Portman (Ohio) announces he won’t seek re-election in 2022
- Sen. Rob Portman (R-Ohio) announced on Jan. 25 that he would not seek another term in the Senate when his current term expires in 2022.
- In his statement announcing his decision, Portman said, “I am really looking forward to being home in Ohio full time, seeing family and friends more, and getting back to the private sector, including being able to be more involved in the community and in our family business. And I plan to stay involved in public policy issues.”
- Portman was first elected to the Senate on Nov. 2, 2010. Before that, Portman served multiple roles in President George H.W. Bush's (R) administration, represented Ohio's 2nd Congressional District in the U.S. House from 1993 to 2005, and served as U.S. Trade Representative and later as Director of the Office of Management and Budget in President George W. Bush's (R) administration.
- Two other U.S. Senators have also announced they will not be running for re-election in 2022: Sen. Richard Burr (R-N.C.) and Sen. Pat Toomey (R-Pa.).
- Between 2011 and July 2020, Ballotpedia tracked 243 retirement announcements from members of the U.S. House and Senate. January had seen the highest number of retirement announcements of any month at 45. Thirty-one of those took place during election years, and 14 during odd-numbered years.
Tuesday, January 26
Senate confirms Blinken as secretary of state
- The Senate confirmed Antony Blinken as secretary of state on Jan. 26 by a vote of 78-22. He was the fourth Cabinet-level nominee in Biden’s administration to be confirmed.
- Blinken held several positions throughout the Clinton and Obama administrations, including assistant to the president, principal deputy national security adviser, and deputy secretary of state.
Thursday, January 28
U.S. House member tests positive for COVID-19, Sen. Warner announces self-quarantine
- Rep. Lori Trahan (D-Mass.) announced on Jan. 28 she tested positive for COVID-19. Trahan, who represents Massachusetts’ 3rd Congressional District, assumed office in 2019.
- Sen. Mark Warner (D-Va.) announced on Jan. 27 he would self-quarantine after he was exposed to someone who tested positive for the virus.
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 out of session
The Supreme Court will not hear oral arguments next week. To learn about the 2020-2021 term, click here.
Where was the president last week?
- On Monday through Thursday, Biden remained in Washington, D.C.
- On Friday, Biden visited Walter Reed National Military Medical Center in Bethesda, Maryland.
Federal Judiciary
- 53 federal judicial vacancies
- 6 pending nominations
- 14 future federal judicial vacancies
WHAT'S ON TAP NEXT WEEK
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
