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The Federal Tap: Trump delivers second State of the Union address; Abrams delivers response
From Ballotpedia
February 9, 2019Issue No. 147
THE WEEK IN REVIEW
Monday, February 4
Trump announces intent to nominate David Bernhardt as Interior secretary
- President Donald Trump announced that he would nominate David Bernhardt to serve as U.S. secretary of the interior. In a tweet, Trump wrote, "David has done a fantastic job from the day he arrived, and we look forward to having his nomination officially confirmed!"
- Bernhardt commented on Trump's announcement, writing in a tweet, "It’s a humbling privilege to be nominated to lead a Department whose mission I love, to accomplish the balanced, common sense vision of our President." Trump will have to formally nominate Bernhardt and a simple majority of senators will have to confirm him before he can take office. Republicans currently hold 53 of the Senate's 100 seats, making his confirmation likely.
- Bernhardt is the acting U.S. secretary of the interior. He assumed the role on January 2, 2019, when former Secretary Ryan Zinke resigned. Prior to serving as acting secretary, Bernhardt served as deputy secretary of the Interior. He was confirmed by the Senate on July 24, 2017, and was sworn into office on August 1, 2017. Bernhardt was also a member of Trump's transition team, a group of advisors tasked with recommending presidential appointments for the incoming administration.
State board schedules evidentiary hearing in NC-09
- The North Carolina State Board of Elections set an evidentiary hearing for allegations of election fraud in North Carolina’s 9th Congressional District for February 18 and 19. The board will vote on the 2018 election results following the meeting. All five members of the newly-created elections board, three Democrats and two Republicans, were appointed on January 31 by Gov. Roy Cooper (D).
- Four board votes are required to order a new election and three votes are required to certify the current returns that have Mark Harris (R) leading Dan McCready (D) by 905 votes. At least one board member must cross party lines to approve a decision that resolves the race.
Tuesday, February 5
Trump delivers second State of the Union address; Abrams delivers response
- President Donald Trump delivered his second State of the Union address to a joint session of Congress. He called on members of Congress from both parties to work with him "to achieve historic breakthroughs for all Americans. Millions of our fellow citizens are watching us now, gathered in this great chamber, hoping that we will govern not as two parties but as one nation. The agenda I will lay out this evening is not a Republican agenda or a Democrat agenda. It’s the agenda of the American people."
- He discussed his immigration plan, which includes “humanitarian assistance, more law enforcement, drug detection at our ports, closing loopholes that enable child smuggling, and plans for a new physical barrier, or wall, to secure the vast areas between our ports of entry.” Trump also discussed trade, infrastructure, drug pricing, healthcare, abortion, socialism, and Afghanistan, among other issues. He called on members of Congress to work with him to create "a new standard of living for the 21st century" and "reject the politics of revenge, resistance, and retribution, and embrace the boundless potential of cooperation, compromise, and the common good."
- During his speech, Trump announced that he would hold a second summit with North Korean leader Kim Jong Un on February 27 and 28, 2019, in Vietnam.
- Stacey Abrams, the Democratic candidate for governor of Georgia in 2018 and former Georgia House minority leader, delivered the Democratic response to Trump's State of the Union address. Abrams is the first black woman to deliver a response to a president's State of the Union speech. Abrams spoke about the government shutdown, gun safety measures, education, immigration, and voter suppression, among other issues. She concluded her speech by speaking directly about Trump, saying, "So even as I am very disappointed by the president’s approach to our problems -– I still don’t want him to fail. But we need him to tell the truth, and to respect his duties and the extraordinary diversity that defines America." She then called for a "renewed commitment to social and economic justice."
Biden and O’Rourke near 2020 decisions
- The Atlantic reported that former Vice President Joe Biden (D) is nearing a decision on whether to run for president as he weighs his place in the race, both in policy positions and age. “Top positions for a campaign have been sketched out. Donor outreach has accelerated, with Biden himself telling staff at some events to write down the names of people who say they’re eager to help,” according to The Atlantic.
- Former Rep. Beto O’Rourke (D-Texas) is also close to a decision, telling Oprah Winfrey during an event in Times Square that he will make a decision by the end of February.
Presidential candidates make staff hires in early voting states
- Sen. Cory Booker (D-N.J.) announced his state directors in three early voting states: Mike Frosolone in Iowa, Erin Turmelle in New Hampshire, and Christale Spain in South Carolina.
- Sen. Kamala Harris (D-Calif.) has brought on Deidre DeJear and Will Dubbs to lead her campaign in Iowa. Craig Brown also joined the Harris campaign asNew Hampshire state director.
Senate Committee on Environment and Public Works advances Trump’s EPA nominee
- The Senate Committee on Environment and Public Works advanced the nomination of Andrew Wheeler to be Environmental Protection Agency (EPA) administrator by a vote of 11-10, along party lines. His nomination now heads to the Senate where he will need a simple majority for confirmation. Republicans hold a 53 to 47, making Wheeler’s confirmation likely.
- President Donald Trump announced his intent to nominate Wheeler as EPA administrator on November 16, 2018. During a White House ceremony for Medal of Freedom recipients, Trump said, "He's done a fantastic job and I want to congratulate him." Trump formally nominated Wheeler on January 9, 2019.
- Wheeler currently serves as the acting administrator of the EPA. He took over for former EPA Administrator Scott Pruitt, who resigned in July 2018.
- The United States Senate confirmed Wheeler as the EPA deputy administrator on April 12, 2018, by a vote of 53-45. Prior to serving as deputy administrator, Wheeler worked as a lobbyist for the energy industry and as a staffer in the Senate.
Senate Judiciary Committee holds confirmation hearing for DC Circuit nominee Neomi Rao
- The Senate Judiciary Committee held a confirmation hearing for Neomi Rao, President Trump’s nominee to serve on the United States Court of Appeals for the District of Columbia Circuit. Trump nominated Rao to the seat, which was vacated by Brett Kavanaugh following his confirmation to the United States Supreme Court, on November 13, 2018. Prior to the hearing, Rao received a well-qualified rating from the American Bar Association (ABA).
- Committee members questioned Rao on a variety of topics, including articles she wrote as an undergraduate student concerning sexual assault and feminism as well as her recent work as the administrator of the Office of Information and Regulatory Affairs (OIRA), a position she has held since July 2017.
- As OIRA administrator, Rao has directed the Trump administration's regulatory review process, clearance and approval of government information collection requests, and oversight of government statistical practices and privacy policies. Since the DC Circuit hears the majority of judicial challenges to administrative actions, Rao stated that she would consider recusing herself from cases concerning regulations issued under the Trump administration on a case-by-case basis when required by court precedent or statutory standards.
- Prior to joining the Trump administration, Rao worked as an associate professor of law at George Mason University's Antonin Scalia Law School, where she founded the Center for the Study of the Administrative State. She also served as counsel to the United States Senate Committee on the Judiciary under U.S. Senator Orrin Hatch (R), as a law clerk for Supreme Court Justice Clarence Thomas, and as a special assistant and associate counsel to former President George W. Bush (R).
Thursday, February 7
U.S. Rep. Rob Woodall (R) not seeking re-election in GA-7
- U.S. Rep. Rob Woodall (R) announced Thursday that he would not seek re-election to Georgia’s 7th Congressional District in 2020. In a statement, Woodall referred to the death of his father in 2018, saying, "Doing what you love requires things of you, and having had that family transition made me start to think about those things that I have invested less in because I've been investing more here."
- Woodall has represented the 7th District since 2010. He won the closest election of his career in 2018, defeating Carolyn Bourdeaux (D) by 433 votes. The race was too close to call until a recount confirmed Woodall’s victory. Prior to 2018, Woodall had never received less than 60 percent of the vote.
- After Woodall’s announcement, Bourdeaux said that she would run for the seat again in 2020. The 7th District is based in Gwinnett County and Forsyth County, both suburbs of Atlanta. The district voted for Donald Trump (R) over Hillary Clinton (D) in 2016, 51 percent to 45 percent.
- Woodall is the third member of the U.S. House to announce that they will not run for re-election after their term ends. The others are Rob Bishop (R), who represents Utah's 1st Congressional District, and Walter Jones (R), who represents North Carolina's 3rd Congressional District.
Senate Judiciary Committee advances Trump’s attorney general nominee
- The Senate Judiciary Committee advanced the nomination of William Barr to be U.S. attorney general by a vote of 12-10, along party lines. His nomination now heads to the Senate where he will need a simple majority for confirmation. Republicans hold a 53 to 47 majority, making Barr's confirmation likely. The Senate is expected to vote on Barr’s nomination next week.
- Trump announced his intent to nominate Barr as attorney general on December 7, 2018, and he was formally nominated on January 3, 2019. The Senate Judiciary Committee held a confirmation hearing for Barr January 15-16, 2019.
- Barr served as the 77th United States attorney general under former President George H.W. Bush from 1991 to 1993. He was unanimously confirmed by the Senate.
Senate Judiciary Committee advances 44 federal judicial nominees
- The Senate Judiciary Committee advanced 44 federal judicial nominees: 34 federal district court nominees, six federal circuit court of appeals nominees, two nominees for the Court of International Trade, and two nominees for the U.S. Court of Federal Claims. The president had nominated all of the individuals in the 115th Congress and re-submitted their names in January 2019. The nominations were sent to the full U.S. Senate, where they await a confirmation vote.
- In addition to the 44 nominees awaiting a vote in the full Senate, three nominees are awaiting a vote before either the Senate Judiciary, Finance, or Armed Services committee, and 23 nominees are awaiting a hearing before a U.S. Senate committee. Included in these counts are nominees for the Superior Court of the District of Columbia, the U.S. Tax Court, the U.S. Court of Military Commission Review, and the U.S. Court of Federal Claims.
- The Senate has confirmed 85 of President Trump’s judicial nominees—53 district court judges, 30 appeals court judges, and two Supreme Court justices—since January 2017.
Former U.S. Rep. John Dingell (D) passes away at 92
- Former U.S. Rep. John Dingell (D) passed away Thursday at the age of 92. Dingell represented a U.S. House seat near Detroit, Michigan, from 1955 to 2014. He was the longest-serving House member in U.S. history with nearly 60 years in the chamber. Throughout his tenure, he served on the House Energy and Commerce Committee, including several stints as chairman. Dingell was replaced by his wife, Debbie Dingell (D), after retiring ahead of the 2014 elections.
Congress is in session
The Senate will be in session Monday through Friday. The House will be in session Tuesday through Friday. Click here to see the full calendar for the first session of the 116th Congress.
SCOTUS is out of session
The Supreme Court will not hear arguments this week. The court will be back on February 19. To learn more about this term, read our review.
WHAT'S ON TAP NEXT WEEK
Sunday, February 10
Klobuchar to announce 2020 presidential intentions
- Sen. Amy Klobuchar (D-Minn.) is making an announcement about whether she will run for president in Minneapolis. If Klobuchar enters the race, she will be the fifth senator to launch a presidential campaign for 2020.
Friday, February 15
Federal government funding deadline approaches
- The continuing resolution (CR) to fund parts of the government that was signed into law on January 25, 2019, expires. The CR ended the 35-day partial government shutdown. Members of Congress and President Donald Trump agreed on the CR to give lawmakers more time to work out a larger plan to address immigration and border security.
- Trump had previously said that he would not sign legislation to reopen the federal government if it did not include funding for a border wall or barrier. He has also said he would consider declaring a national emergency if negotiations to fund the wall fail.
Where was the president last week?
- On Monday, President Donald Trump had lunch with Vice President Mike Pence.
- On Tuesday, Trump delivered his second State of the Union address.
- On Wednesday, Trump spoke to the foreign ministers of the Global Coalition to Defeat ISIS. Trump and Pence then had dinner with the National Prayer Breakfast host committee and pastors.
- On Thursday, Trump spoke at the National Prayer Breakfast. He also signed the National Security Presidential Memorandum to launch the Women's Global Development and Prosperity initiative.
- On Friday, Trump has his annual physical at Walter Reed National Military Medical Center.
Federal Judiciary
- 149 federal judicial vacancies
- 64 pending nominations
- 21 future federal judicial vacancies
About
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
