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The Federal Tap: September 11, 2021

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We’re back today after taking a break last week for Labor Day weekend. We hope you enjoyed the holiday.

Our weekly summary of federal news highlights Biden’s new pandemic response plan and congressional redistricting news. Read all about it in this week’s edition of the Federal Tap.

Today, Sept. 11, we solemnly mark the 20-year anniversary of the four coordinated terrorist attacks on the United States.

Biden releases pandemic response plan

On Thursday, Sept. 9, President Joe Biden (D) unveiled what the White House called the “Path out of the Pandemic,” a six-point COVID-19 response. The plan covers the following areas:

  • Vaccinating the unvaccinated
  • Protecting the vaccinated
  • Keeping schools open
  • Testing and mask requirements
  • The economic recovery
  • Caring for COVID-19 patients

According to the plan, all federal executive branch employees and contractors that work with the federal government will be required to get a COVID-19 vaccine. Additionally, the plan states the Department of Labor’s Occupational Safety and Health Administration (OSHA) will issue a rule requiring private-sector employers with more than 100 employees to implement a vaccine-or-test mandate for all workers. The plan also calls for offering free booster shots to all eligible Americans beginning Sept. 20. That part of the plan is dependent on Food and Drug Administration authorization. 

The plan calls for state officials to require all school employees to get vaccinated and provides funding school districts can use to cover budget shortfalls. Furthermore, the plan calls for providing $10 billion to school districts for increased COVID-19 testing.

The plan also includes testing and mask requirement policies—including a continuation of the mask requirement in airports, trains, buses, and federal property—and funding for small businesses affected by the pandemic. 

Redistricting Roundup: Colorado redistricting commission releases proposed congressional maps

Colorado: The Colorado Independent Redistricting Commission staff released a proposed congressional district map on Sept. 3. This is the first proposed map the commission released since the U.S. Census Bureau distributed block-level data from the 2020 census to states on Aug. 12. The commission is holding public hearings about the newly released maps during the week of Sept. 7. 

The Colorado Supreme Court previously ordered on July 26 that the commission submit final congressional redistricting plans for approval no later than Oct. 1. Colorado was apportioned eight seats in the U.S. House of Representatives after the 2020 census—a net gain of one seat for the state.

Connecticut: The Connecticut General Assembly Reapportionment Committee will not create congressional and state legislative district maps by the state’s constitutional deadline of Sept. 15, according to The CT Mirror. If the deadline is not met, redistricting in Connecticut will be decided by a nine-member backup commission consisting of eight members appointed by the majority and minority leaders of each chamber of the legislature and a ninth member selected by the eight appointed commission members. Maps determined by the backup commission are not subject to legislative approval. Connecticut previously used this process in 2011 after the committee did not meet the deadline that year. 

Texas: Gov. Greg Abbott (R) announced on Sept. 7 that he was calling a special session of the state legislature to address redistricting and other issues beginning Sept. 20.

Two Democratic state senators filed a lawsuit in federal district court on Sept. 1 arguing that the legislature cannot legally redraw district maps during a special session since the Texas Constitution requires lawmakers to begin the process after the "first regular session after the publication of each United States decennial census." The lawsuit asks the court to draw interim maps until the state's next regular legislative session in January 2023.

Biden withdraws Chipman from consideration for ATF director

President Joe Biden (D) announced on Sept. 9 that he was withdrawing David Chipman from consideration for director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Chipman, a former ATF agent and senior policy advisor at Giffords, had been nominated in April 2021. The Senate Judiciary Committee declined to report on Chipman's nomination favorably after it held hearings in May.

"We knew this wouldn’t be easy – there’s only been one Senate-confirmed ATF Director in the Bureau’s history – but I have spent my entire career working to combat the scourge of gun violence, and I remain deeply committed to that work," Biden said. He did not name a new candidate for the position.

This is Biden's second major nominee to withdraw. Neera Tanden, Biden's pick for director of the Office of Management and Budget, withdrew in February following bipartisan opposition to her selection. Tanden currently serves in the Biden administration as a senior advisor to the president.

Article III judicial vacancies

According to the latest vacancy data from the U.S. Courts, there are 30 total announced upcoming vacancies for Article III judgeships. The earliest vacancy announcement was on Dec. 1, 2020, when U.S. District Court for the Western District of Arkansas Judge Paul K. Holmes announced that he would assume senior status on Nov. 10, 2021. The most recent announcement was on Aug. 23, 2021, when U.S. Court of Appeals for the 4th Circuit Judge Robert King announced that he would assume senior status on a date to be determined. 

Eleven vacancy effective dates have not been determined because the judge has not announced the date they will leave the bench. The next upcoming vacancies will occur on Sept. 30, when U.S. District Court for the District of Colorado Judge R. Brooke Jackson assumes senior status and Judge Beverly Martin retires from the U.S. Court of Appeals for the 11th Circuit.

Congress is in session

Both the House and Senate are in session next week. Click here to see the full calendar for the first 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, Biden departed Wilmington, Delaware, for Washington, D.C.

On Tuesday, Biden toured neighborhoods and delivered remarks to those affected by Hurricane Ida in New Jersey and New York. 

On Wednesday and Thursday, Biden remained in Washington, D.C. 

On Friday, Biden departed Washington, D.C., for New York, New York. 

Federal Judiciary

  • 87 federal judicial vacancies
  • 23 pending nominations
  • 31 future federal judicial vacancies