Become part of the movement for unbiased, accessible election information. Donate today.
The Federal Tap: Senate expected to vote on American Rescue Plan Act
From Ballotpedia
March 6, 2021Issue No. 243
THE WEEK IN REVIEW
Monday, March 1
Supreme Court grants review in two cases for its 2021-2022 term
- The U.S. Supreme Court accepted two cases for review during its 2021-2022 term on March 1. With the addition of these two cases, the court has granted review in a total of seven cases for the term, which is scheduled to begin on Oct. 4, 2021.
- Babcock v. Saul concerns the requirements and interpretation of uniformed service under the Social Security Act's uniformed services exception relating to civil service pension payment plans. The question presented to the court asks, “Is a civil-service pension payment based on dual-status military technician service to the National Guard a payment based wholly on service as a member of a uniformed service?” Babcock originated from the U.S. Court of Appeals for the 6th Circuit.
- United States v. Vaello-Madero concerns the equal protection component of the Fifth Amendment's due process clause as it applies to residents of Puerto Rico being denied benefits under the Supplemental Security Income program of the Social Security Act. The question presented to the court is, “Whether Congress violated the equal-protection component of the Due Process Clause of the Fifth Amendment by establishing Supplemental Security Income—a program that provides benefits to needy aged, blind, and disabled individuals—in the 50 States and the District of Columbia, and in the Northern Mariana Islands pursuant to a negotiated covenant, but not extending it to Puerto Rico.” Vaello-Madero originated from the U.S. Court of Appeals for the 1st Circuit.
- The Supreme Court is currently hearing oral arguments as part of its 2020-2021 term, with its February sitting ending on March 3 and its March sitting beginning on March 22.
- As of Feb. 25, the court had 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. Also as of Feb. 25, the court had issued opinions in 16 cases this term. Four cases were decided without argument.
Senate confirms Cardona as secretary of education
- The Senate confirmed Miguel Cardona, the commissioner of the Connecticut Department of Education, as secretary of education on March 1 by a vote of 64-33. All 33 votes against his confirmation came from Republicans. He was sworn into office on March 2 by Vice President Kamala Harris (D).
Tuesday, March 2
Senate confirms Raimondo for commerce secretary, Rouse for chair of Council of Economic Advisers
- The Senate confirmed Gina Raimondo for secretary of commerce on March 2 by a vote of 84-15. After the vote, Raimondo resigned as governor of Rhode Island, and the state’s lieutenant governor, Dan McKee (D), was sworn into office.
- The Senate also confirmed Cecilia Rouse to chair the Council of Economic Advisers by a vote of 95-4. Four Republicans opposed her confirmation: Sens. Tom Cotton (Ark.), Rand Paul (Ky.), Rick Scott (Fla.), and Tommy Tuberville (Ala.). Rouse is the first Biden nominee that Sen. Josh Hawley (R-Mo.) voted to confirm.
White House withdraws Neera Tanden’s nomination for Office of Management Budget director
- The White House announced on March 2 that Neera Tanden requested to be withdrawn from consideration for director of the Office of Management Budget because of opposition to her nomination.
- Biden said in a statement that he had accepted her request: “I have the utmost respect for her record of accomplishment, her experience and her counsel, and I look forward to having her serve in a role in my Administration. She will bring valuable perspective and insight to our work."
- Tanden is the first Biden Cabinet nominee to withdraw from consideration.
Wednesday, March 3
Twenty-three candidates file to run in Texas' 6th Congressional District special election
- Twenty-three candidates filed to run in the special election for Texas’ 6th Congressional District by the March 3 deadline. The general election will take place on May 1. The special election was called after Ronald Wright (R) passed away due to complications from COVID-19 on Feb. 7. Wright served from 2019 to 2021.
- There are 11 Republican candidates, 10 Democrats, one Libertarian, and one independent. All candidates will appear on the same ballot along with their partisan affiliations. If no candidate receives a majority of the vote, a runoff will be held between the top two vote recipients.
- In the 2020 regular election for the district, Wright defeated Democratic challenger Stephen Daniel 58%-41%. Donald Trump (R) won the district by three percentage points in 2020. Texas’ current U.S. House delegation has 22 Republicans and 13 Democrats, with one vacancy.
- Three special elections have been scheduled to fill vacancies in the U.S. House. From the 113th Congress to the 116th Congress, 50 special elections were held.
Supreme Court hears three hours of oral argument
- The U.S. Supreme Court concluded its February sitting with three hours of oral arguments in seven cases. The court will hear oral arguments again during its March sitting scheduled for March 22 to March 31.
- On March 1, the court heard one hour of oral argument in United States v. Arthrex Inc. (consolidated with Smith & Nephew Inc. v. Arthrex Inc. and Arthrex Inc. v. Smith & Nephew Inc.). The issues before the court were: “1. Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, § 2, Cl. 2, administrative patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by the President with the Senate’s advice and consent, or ‘inferior Officers’ whose appointment Congress has permissibly vested in a department head; and 2. Whether, if administrative patent judges are principal officers, the court of appeals properly cured any Appointments Clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. 7513(a) to those judges.”
- On March 2, the court heard one hour of oral argument in Brnovich v. Democratic National Committee (consolidated with Arizona Republican Party v. Democratic National Committee). The issues before the court were: “1. Does Arizona's out-of-precinct policy violate Section 2 of the Voting Rights Act?; and 2. Does Arizona's ballot-collection law violate Section 2 of the Voting Rights Act or the Fifteenth Amendment?"
- On March 3, the court heard one hour of oral argument in Carr v. Saul (consolidated with Davis v. Saul). The issue before the court was: “Whether claimants seeking disability benefits under the Social Security Act must exhaust Appointments Clause challenges before the Administrative Law Judge as a prerequisite to obtaining judicial review.”
- As of Feb. 25, 2021, the court had 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.
Thursday, March 4
SCOTUS issues rulings on inter-agency draft documents, burden of proof requirements under the Immigration and Nationality Act
- The U.S. Supreme Court issued opinions in two cases on March 4:
- U.S. Fish and Wildlife Service v. Sierra Club concerned whether inter-agency draft documents can be withheld under Exemption 5 of the Freedom of Information Act.
- The case originated from the U.S. Court of Appeals for the 9th Circuit and was argued before SCOTUS on Nov. 2, 2020.
- In a 7-2 opinion, the U.S. Supreme Court reversed the 9th Circuit's ruling and remanded the case for further proceedings, holding that Exemption 5 protects in-house draft biological opinions made during deliberation and prior to a final decision, including occasions when the draft reflects the agencies' final views about a proposal.
- Justice Amy Coney Barrett delivered the majority opinion of the court, her first since joining the bench. Justice Stephen Breyer filed a dissenting opinion, joined by Justice Sonia Sotomayor.
- Pereida v. Barr concerned the burden of proof required for nonpermanent residents to be eligible for removal relief under the Immigration and Nationality Act.
- The case originated from the U.S. Court of Appeals for the 8th Circuit and was argued before SCOTUS on Oct. 14, 2020. The case was originally scheduled for argument during the 2019-2020 term but was postponed due to public health precautions recommended in response to COVID-19.
- In a 5-3 ruling, the U.S. Supreme Court affirmed the 8th Circuit's judgment, holding that the petitioner did not meet the burden of proof necessary to be eligible for relief from removal since his record was ambiguous as to whether a disqualifying offense was cited as part of the basis of his conviction.
- Justice Neil Gorsuch wrote the majority opinion of the court, his first of the current term. Justice Stephen Breyer filed a dissenting opinion, joined by Justices Sonia Sotomayor and Elena Kagan. Justice Amy Coney Barrett took no part in the consideration or decision of the case.
- To date, the court has issued opinions in 18 cases during the 2020-2021 term. Four cases were decided without argument.
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.
WHAT'S ON TAP NEXT WEEK
Saturday, March 6
Senate expected to vote on American Rescue Plan Act
- The Senate was expected to vote on an unknown number of amendments to the American Rescue Plan Act of 2021 beginning on March 5. As part of the budget reconciliation process, any senator can propose a change to the bill and request a roll call vote on the amendment. In 2008, one of these vote-a-rama sessions produced 44 roll call votes.
- The Senate is expected to vote on the American Rescue Plan Act this weekend, although no date or time has been set for that roll call. The $1.9 trillion bill would provide a $1,400 stimulus check to individuals earning under $75,000 and extend unemployment benefits through August 2021, among other provisions.
Where was the president last week?
- On Monday, Biden departed Wilmington, Delaware for Washington, D.C.
- On Tuesday through Friday, Biden remained in Washington, D.C.
Federal Judiciary
- 67 federal judicial vacancies
- 0 pending nominations
- 26 future federal judicial vacancies
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
