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The Federal Tap: Voters to decide runoff in Louisiana's 2nd Congressional District

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April 24, 2021Issue No. 250

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Week in review
On tap next week

THE WEEK IN REVIEW

Here's what happened in Federal politics last week.

Monday, April 19

Supreme Court to hear case next term regarding criminal trial procedure

  • The U.S. Supreme Court accepted Hemphill v. New York to its merits docket on April 19 for the upcoming 2021-2022 term. The case originated from the New York Court of Appeals and concerns a criminal defendant's constitutional right to be confronted by the witnesses against them.
  • The case: Darrell Hemphill was tried in New York state court for second-degree murder in the shooting death of a child. At trial, Hemphill’s attorney introduced evidence of a different shooter. The court ruled that this defense opened the door to the prosecution presenting rebuttal evidence, including testimony provided during prior legal proceedings that would typically be barred by the Sixth Amendment’s Confrontation Clause. In practice, this clause requires criminal prosecutors to offer their evidence at trial through witnesses who are subject to cross-examination by the defense. Hemphill was convicted.
    • After exhausting his appeals in the New York state courts, Hemphill appealed on constitutional grounds to the U.S. Supreme Court. Click here to learn more about the case's background.
  • The question presented: "Whether, or under what circumstances, a criminal defendant who opens the door to responsive evidence also forfeits his right to exclude evidence otherwise barred by the Confrontation Clause."

SCOTUS hears six hours of oral argument to start April sitting

  • The Supreme Court of the United States (SCOTUS) continued its 2020-2021 term by hearing six hours of oral argument to begin its April argument sitting from April 19 to April 21. All arguments were made via teleconference with live audio provided to the public. The court has not heard arguments in person during the 2020 term.
  • SCOTUS heard arguments in the following cases:
    • Yellen v. Confederated Tribes of the Chehalis Reservation (consolidated with Alaska Native Village Corporation Association v. Confederated Tribes of the Chehalis Reservation) originated from the U.S. Court of Appeals for the District of Columbia Circuit. The consolidated cases concern Alaska Native corporations and whether they qualify for Coronavirus Aid, Relief, and Economic Security (CARES) Act payments.
    • Sanchez v. Mayorkas concerns grants of Temporary Protected Status (TPS) to non-citizens. The case came from the U.S. Court of Appeals for the 3rd Circuit.
    • Greer v. United States concerns Title 18 of the United States Code, prohibiting a convicted felon from possessing a firearm and ammunition, and the Supreme Court’s decision in Rehaif v. United States. Greer originated from the U.S. Court of Appeals for the 11th Circuit.
    • United States v. Gary concerns the plain-error review of a court’s decision and the Supreme Court’s decision in Rehaif v. United States. This case originated from the U.S. Court of Appeals for the 4th Circuit.
    • City of San Antonio, Texas v. Hotels.com, L.P. originated from the U.S. Court of Appeals for the 5th Circuit, and concerns Rule 39 of the Federal Rules for Appellate Procedure and a class-action lawsuit between a class of 173 Texas municipalities and several online travel companies.
    • Minerva Surgical Inc. v. Hologic Inc. concerns patent infringement claims and the doctrine of assignor estoppel. The doctrine of assignor estoppel prevents a party that assigns a patent to a new party from later challenging the validity of that patent in U.S. district court. Minerva originated from the U.S. Court of Appeals for the Federal Circuit.
  • SCOTUS will conclude its April sitting next week with six hours of oral argument in seven cases from April 26 through April 28. To date, the court has scheduled one case, Terry v. United States, to be argued during its May sitting on May 4. The May sitting is expected to be the final argument session of the term.


U.S. Rep. Steve Stivers announces he's resigning from Congress on May 16

  • U.S. Representative Steve Stivers (R-Ohio) announced on April 19 that he would resign from the House of Representatives to become President and CEO of the Ohio Chamber of Commerce. Stivers, who represents Ohio’s 15th Congressional District, said his resignation would be effective May 16.
  • In a tweet announcing his resignation, Stivers said, “For the past decade, it has been my honor and privilege to serve the people of Ohio’s 15th Congressional District. Throughout my career, I’ve worked to promote policies that drive our economy forward, get folks to work, and put our fiscal house in order. I’m excited to announce that I will be taking on a new opportunity that allows me to continue to do that.”
  • Stivers has served in the U.S. House since 2011. He most recently won re-election in 2020, defeating Democrat Joel Newby, 63% to 37%, and is a former chairman of the National Republican Congressional Committee. Before he was elected to the U.S. House, Stivers served in the Ohio State Senate from 2003 to 2009. Ohio’s 15th District was rated Safe Republican during the 2020 general election.
  • Gov. Mike DeWine (R) will set the date of the special election to fill Stivers’ seat. Five special elections have been called to fill vacancies in the 117th Congress as of April 19

Tuesday, April 20

Senate confirms Gensler for Securities and Exchange Commission chairman

Wednesday, April 21

Vice President Harris casts fourth tie-breaking vote in Senate

  • Vice President Kamala Harris (D) cast the tie-breaking vote to discharge Colin Kahl’s nomination for undersecretary of defense for policy from the Senate Armed Services Committee on April 21. This was the first time Harris had to vote on a presidential nomination.
  • Our nation’s first vice president—John Adams—cast the first tie-breaking vote in the Senate on July 18, 1789. There have been 272 tie-breaking votes cast in the history of that body.

Thursday, April 22

Supreme Court issues three rulings

  • The U.S. Supreme Court (SCOTUS) issued opinions in three cases argued during the 2020-2021 term:
    • Jones v. Mississippi originated from the Mississippi Court of Appeals and was argued before SCOTUS on November 3, 2020. The case concerned sentencing juveniles to life imprisonment without parole. In a 6-3 opinion, SCOTUS upheld the Mississippi Court of Appeals’ judgment and ruled that the Eighth Amendment to the U.S. Constitution does not require a juvenile be found as permanently incorrigible prior to imposing a life sentence without parole. Incorrigibility here occurs when a juvenile does not accept an adult’s authority. Justice Brett Kavanaugh delivered the court’s majority opinion. Justice Sonia Sotomayor dissented and was joined by Justices Stephen Breyer and Elena Kagan.
    • Carr v. Saul (consolidated with Davis v. Saul) concerned claimants seeking disability benefits under the Social Security Act and whether they must raise any constitutional Appointments Clause challenges relating to the administrative law judges hearing their claims during administrative proceedings before seeking judicial review. The case was argued before SCOTUS on March 3, 2021. SCOTUS ruled unanimously to reverse the 10th Circuit’s judgment and remand the case for further proceedings. The court held that Social Security disability claimants are not required to make Appointments Clause challenges at the agency level. Justice Sonia Sotomayor authored the court’s majority opinion. Justice Clarence Thomas filed an opinion concurring in part and concurring in the judgment, in which Justices Neil Gorsuch and Amy Coney Barrett joined. Justice Stephen Breyer filed an opinion concurring in part and concurring in the judgment.
    • AMG Capital Management, LLC v. Federal Trade Commission was argued before the court on January 13, 2021, and concerned the Federal Trade Commission Act (“The Act”) and whether it authorizes the Federal Trade Commission (FTC) to demand monetary restitution. In a unanimous opinion, SCOTUS concluded that Section 13b of The Act does not authorize the FTC to seek equitable monetary relief like restitution or disgorgement nor does it authorize a court to award such relief. The court reversed the 9th Circuit’s judgment and remanded the case for further proceedings. Justice Stephen Breyer delivered the majority opinion of the court.
  • The court has issued 30 opinions this term. Six cases were decided without argument.

Ballotpedia’s polling index shows presidential approval at 52%, congressional approval at 30%

  • Ballotpedia’s polling index showed President Joe Biden (D) at 52% approval and 41% disapproval as of April 22. His approval rating is down two points from this time last month.
  • The highest approval rating Biden has received during his tenure is 55%, last seen on April 13. The lowest approval rating he has received is 51% on March 29.
  • Congressional approval is at 30%, and disapproval is at 57%, according to Ballotpedia’s index. At this time last month, congressional approval was at 27%.
  • The 117th Congress’ current approval rating of 30% is the highest it has received. The lowest approval rating it has received is 20%, last seen on March 3.
  • At this time during the tenure of former President Donald Trump (R), presidential approval was at 43%, and congressional approval was at 17%. To see more comparisons between Biden and Trump administration polling, click here.


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 in session

The Supreme Court will hear six hours of oral arguments next week. To learn about the 2020-2021 term, click here.

WHAT'S ON TAP NEXT WEEK

Here's what is happening in Federal politics this week.

Saturday, April 24

Voters to decide runoff in Louisiana's 2nd Congressional District

  • Voters in Louisiana’s 2nd Congressional District will decide the runoff election on April 24 between Troy Carter (D) and Karen Peterson (D). Carter and Peterson received the most votes in the district’s special primary election on March 20 and advanced to a runoff under Louisiana’s majority-vote system.
  • Former incumbent Cedric Richmond (D) and several U.S. House members endorsed Carter, a state senator. Peterson, who is also a state senator, received endorsements from 2018 Georgia gubernatorial candidate Stacey Abrams (D) and Gary Chambers (D), who finished third in the primary.
  • Both Carter and Peterson support increasing the federal minimum wage but disagree on what it should be raised to. Carter supports raising the minimum wage to $15 per hour, while Peterson said she would support raising it to $20 per hour. The candidates also differ on health care policy, with Carter supporting a public option allowing people to choose between a government-funded plan and private insurance and Peterson supporting a Medicare-for-All universal health care plan.
  • This will be the second special election decided for the 117th Congress. On March 20, voters in Louisiana’s 5th Congressional District elected Julia Letlow (R) in a special election to fill the vacancy left by Luke Letlow (R), who died before being seated in the 117th Congress from complications related to COVID-19.

Where was the president last week?

  • On Monday through Friday, President Biden remained in Washington, D.C.

Federal Judiciary

  • 77 federal judicial vacancies
  • 7 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.

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