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The Federal Tap: What is the fate of Maryland's congressional boundaries

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March 30, 2018Issue No. 106

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Week in review
On tap next week

THE WEEK IN REVIEW

Here's what happened in federal politics last week. To see what happened in state and local politics, click here.

Saturday, March 24

Republican U.S. Senate candidates in Arizona respond to March for Our Lives demonstrations

  • Top Republican candidates in the Arizona Senate race responded to the "March for Our Lives" student demonstrations against gun violence. Former state Sen. Kelli Ward (R) said, "Guns don't just jump up and cause problems. People who have access to guns who shouldn't are the ones who are really committing these crimes. If you look at Parkland, it was a series of failures of government." She added that raising the age limit to buy rifles won't make "much of a difference."
  • Rival Rep. Martha McSally (R) similarly commented on gun ownership and mental illness. "We need a multi-layered system to stop school violence and that is why I've worked with Congress to prevent mentally ill individuals from obtaining firearms," McSally said.
  • McSally and Ward face off against former Maricopa County Sheriff Joe Arpaio (R) and four other candidates in the Republican primary for U.S. Senate in Arizona on August 28.

Singh wins Atlantic County party line in NJ-02

  • Engineer Hirsh Singh (R) won Atlantic County's party line, which comprises 40 percent of the electorate in New Jersey's 2nd Congressional District. Candidates who win support from a county organization are given preferred placement on the ballot in New Jersey. "In a primary, the county line is typically the default choice of partisan voters who haven't paid much attention to the race," Charles Stile of NorthJersey.com explained.
  • Four other candidates have also received party line support: former Assemblyman Sam Fiocchi (R) has the backing of Cape May, Brian Fitzherbert (R) Gloucester, Somers Point Councilman James Toto (R) Salem County, and former FBI agent Robert Turkavage (R) Cumberland County..
  • Following Singh's victory, Toto withdrew from the race, saying, "He has the resources and we need to unite behind him."
  • The Republican primary for retiring incumbent Rep. Frank LoBiondo (R)'s seat is June 5.

Sunday, March 25

Costello will not seek re-election

  • Rep. Ryan Costello (R-Pa.) announced on Sunday that he would not seek re-election. Speaking about his decision, he said, "It was a combination of factors. It has been a deeply personal decision and evaluation. But those who love me agree and those who I love agree with it. I will not be running for re-election. ... Whether it’s (President Trump’s rumored affair with porn start) Stormy Daniels, or passing an omnibus spending bill that the president threatens to veto after promising to sign, it’s very difficult to move forward in a constructive way today. Plus I think there is a lot of hate out there, from the left especially, and it’s a very angry environment. It is a sad commentary on the state of our culture and political environment. It’s not me doing it, but I am the one who gets the brunt of it.” Costello’s announcement brings the total number of representatives who will not seek re-election to their U.S. House districts to 52.

Republican Party officials in Virginia rule against plurality vote at VA-06 convention

  • The State Central Committee of the Virginia Republican Party ruled against selecting the party's nominee for Virginia's 6th Congressional District by plurality at the district convention May 19. State party executive director John Finley said it would have been unprecedented.
  • In January 2018, Virginia's Sixth District Republican Committee voted to hold a convention in lieu of a primary. The committee also supported the now-rejected amendment to limit the vote to one ballot, instead of the multi-ballot voting system used at most conventions.
  • Candidate and delegate Ben Cline (R) had argued against the rules change: "They are attempting to rig the convention to help their chosen candidate because they do not believe their candidate of choice is strong enough to win a majority of delegates under the standard Convention rules."
  • Republican National Committee member Cynthia Dunbar (R) approved of the plurality vote rule, tweeting, "Plurality = no backroom deals. Our campaign is proud to see that the committee is fighting back against the tricks of the swamp."

Monday, March 26

Trump administration announces 60 Russian intelligence officers ordered to leave U.S.

  • The Trump administration announced that 60 Russian intelligence officers had seven days to leave the U.S. The move was in response to the poisoning of former Russian spy Sergei Skripal and his daughter, who were living in the United Kingdom at the time of the attack. The 60 Russian intelligence officers posing as diplomats “face banishment for conducting intelligence activities under diplomatic cover that undermine national security,” according to The Hill. The Russian consulate in Seattle, located near a U.S. naval base and manufacturing plants for Boeing, was also ordered to be closed. The expulsions were the largest by the U.S. since the Cold War. The U.S. and U.K. blamed the Russian government for the nerve-agent attack, but Moscow denied responsibility. More than 20 nations have ordered Russian diplomats and intelligence officers to leave their countries because of the attack on Skripal and his daughter.

Campaigns ads for Tester and Downing hit the airwaves in Montana Senate race

  • Jon Tester (D) and Troy Downing, one of the four Republicans vying for his U.S. Senate seat, launched campaign ads this week. Tester is one of 10 Senate Democrats running in a seat won by President Donald Trump in the 2016 presidential election and is considered a top Republican target.
  • Tester’s ad features a veteran with post-traumatic stress disorder praising Tester for bringing more veterans’ centers and resources to the state. He previously spent $53,000 airing an ad that emphasized his working relationship with President Trump, who won Montana by 20 points in the 2016 presidential election
  • Downing’s ad highlights his military experience and support for Trump. It also criticizes Tester for his background as a music teacher and for his opposition to some of Trump’s policies. Downing faces State Auditor Matt Rosendale, former Judge Russ Fagg, and state Sen. Al Olszewski in the June 5 Republican primary.
  • A mostly self-funded businessman, Downing leads the field in fundraising. However, he has received fewer endorsements than Rosendale, who is backed by Sens. Ted Cruz (R-Texas) and Rand Paul (R-Ky.), and Fagg, who is backed by former Montana Govs. Marc Racicot (R), Judt Martz (R), and Stan Stephens (R). Rosendale led the field in a February poll with 28 percent of the vote to Downing’s 12 percent and Fagg’s 11 percent. Forty-nine percent of those polled were undecided.

Tuesday, March 27

Candidate filing deadline in South Dakota

  • The filing deadline for candidates running in South Dakota elections passed on March 27. Federal and state offices on the ballot this year will include one at-large U.S. House seat, eight state executive offices including the governor and lieutenant governor, all 35 state senate seats, all 70 state house seats, and one of the five seats on the state supreme court. This is the 25th statewide filing deadline of the 2018 election cycle. The state's primary is on June 5, and the general election is on November 6, 2018. If a primary runoff is needed, it will be held on August 14.

Candidate filing deadline in Missouri

  • The filing deadline for candidates running in Missouri elections passed. Federal and state offices on the ballot this year will include eight U.S. House seats, one U.S. Senate seat, state auditor, 17 of 34 state Senate seats, all 163 state House seats, two seats on the state supreme court, and four seats on the state court of appeals. Local elections within Ballotpedia’s coverage scope will include county offices in Clay, Jackson, Platte, and St. Louis counties. Ballotpedia's featured elections in Missouri this year include the Republican primary and general election for U.S. Senate. The state’s primary is August 7, and the general election is on November 6, 2018.

Gov. Rick Scott (R) expected to enter U.S. Senate race in Florida on April 9

  • Term-limited Gov. Rick Scott (R) will make a "major announcement" on April 9, 2018, when he is expected to officially enter the U.S. Senate race in Florida, challenging incumbent Sen. Bill Nelson (D). In February 2018, Scott's state-level political committee did not raise any money. New Republican, a pro-Trump super PAC that Scott chairs, has instead been receiving contributions from typically state-level donors.
  • Scott also has the backing of President Donald Trump, who urged him to run for the seat in September 2017. Trump said during a trip to Florida following Hurricane Irma, "I don’t know what [Scott is] gonna do, but I know that at a certain point it ends for you, and we can’t let it end. So I hope he runs for Senate."
  • A Quinnipiac University poll last month showed a tight race with Nelson leading Scott in a match-up, 46 percent to 42 percent. A Clearview Research poll this month had Scott up by two points, 43 percent to 41 percent.

Red McCombs endorses Matt McCall in TX-21 Republican primary runoff

  • San Antonio billionaire Red McCombs announced that he was backing businessman Matt McCall over former Ted Cruz staffer Chip Roy in the Republican primary runoff for Texas’ 21st District. McCombs endorsement came just one day after retiring incumbent Lamar Smith announced that he was endorsing Roy to replace him.
  • In the 21-candidate general primary on March 6, McCall edged out McComb’s preferred candidate, ex-CIA officer William Negley, for second place by a 16.9 percent to 15.5 percent margin. Roy took first place with 27 percent of the vote. He had the support of Cruz, former Gov. Rick Perry, and various Tea Party-aligned group like the Club for Growth. He is considered the favorite to win the runoff.
  • McCall was a mostly self-funded candidate who previously challenged Smith in 2016 and 2014. McCombs is his first major endorser.
  • The May 22 race is one of five Texas runoffs likely to decide who replaces a retiring Republican incumbent in the U.S. House. Retirees besides Smith include Ted Poe (CD-02), Jeb Hensarling (CD-05), Joe Barton (CD-06), and Blake Farenthold (CD-27).

Trump administration announces changes to trade agreement with the Republic of Korea

  • The Trump administration announced changes to the Korea Free Trade Agreement (KORUS). It was the first renegotiation of an existing trade deal by the Trump administration. Under the agreement, the Republic of Korea (ROK) was given a permanent exemption from the 25 percent steel tariffs Trump put in place on March 23, 2018. In return, the ROK agreed to the following:
    • Keeping the 25 percent tariff on pickup trucks for 20 years, which had been set to expire in 2021.
    • Doubling “the number of U.S. automobile exports, to 50,000 cars per manufacturer per year, that can meet U.S. safety standards (in lieu of Korean standards) and enter the Korean market without further modification.”
    • Amending “its Premium Pricing Policy for Global Innovative Drugs to make it consistent with Korea’s commitments under KORUS to ensure non-discriminatory and fair treatment for U.S. pharmaceutical exports.”
    • Limiting the amount of steel it can export to the U.S. It “will be subject to a product-specific quota equivalent to 70% of the average annual import volume of such products during the period of 2015-17.”
  • U.S. Trade Representative Robert Lighthizer said of the updated agreement, “The improved KORUS agreement reflects the President’s leadership in delivering more reciprocal trade outcomes benefiting U.S. workers, exporters, and businesses. The United States and Korea have strengthened an important economic relationship by agreeing to substantial improvements to KORUS that will help rebalance our trade, reduce our trade deficit, and expand U.S. export opportunities.”
  • Ahn Duk-geun, a Seoul National University professor of international studies, said that the concessions the ROK made were modest. He added, “It’s almost too good to be true.”

Seventy-eight of Trump’s nominees have not gotten a confirmation vote

  • Seventy-eight of President Donald Trump’s executive branch nominees who have been approved by the appropriate Senate committees have not gotten a confirmation vote on the Senate floor. Under Senate procedure, the majority leader asks for unanimous consent for the Senate to move to a confirmation vote on a nominee. If a single senator objects to the unanimous consent motion, a cloture vote ensues, which then requires 30 hours of floor debate. According to The Wall Street Journal, “Cloture votes used to be almost unheard of for nominations other than judges. At this point in the past four presidencies combined, only 15 executive-branch nominees were confirmed after cloture. Yet in the current Congress, Democrats have already invoked cloture on more than 50 Trump nominees. Their goal is simply to slow the formation of a GOP government and soak up valuable Senate floor time.” White House press secretary Sarah Huckabee Sanders said that 43 percent of Trump’s nominees are awaiting confirmation, and “there have been 102 fewer confirmations so far than in even the slowest recent Administration.” In response to this, Sen. James Lankford (R-Okla.) has proposed changing Senate procedure to reduce the 30 hours of debate on nominees to eight. According to the Journal, “This was the standard in 2013-2014 after Republicans then in the minority agreed to a request from Majority Leader Harry Reid, but that deal lapsed with the last Congress.” Lankford’s proposal will need 60 votes to change the rule for the remainder of the 115th Congress and 67 for a permanent rule change.

Wednesday, March 28

SCOTUS hears oral argument in Benisek v. Lamone

  • The Supreme Court of the United States heard oral argument in Benisek v. Lamone, a case originating in Maryland, where seven Republicans, all of whom lived and voted in Maryland's Sixth Congressional District prior to its reconfiguration in the 2010 redistricting cycle, claim that state lawmakers altered the boundaries of the 6th District in order to dilute the impact of Republican votes, a practice referred to as partisan gerrymandering. The plaintiffs allege that this action was deliberate and effective, constituting a violation of their First Amendment right to protection from official retaliation for political beliefs.
    • Benisek v. Lamone is the second partisan gerrymandering case heard by the court this term. The other, Gill v. Whitford, originated in Wisconsin, where 12 registered Democratic voters challenged the state's legislative redistricting plan, known as Act 43, as an unconstitutional partisan gerrymander in violation of the First and Fourteenth Amendments to the United States Constitution.
    • For more information on Benisek v. Lamone, including a full transcript of the oral argument, see this article.

Shulkin out as head of VA; Trump announces intent to nominate White House physician

  • David Shulkin was removed from his position as secretary of veterans affairs by President Donald Trump. He also announced his intent to nominate White House physician to the president Ronny Jackson as Shulkin’s replacement. Trump wrote in a tweet, "I am pleased to announce that I intend to nominate highly respected Admiral Ronny L. Jackson, MD, as the new Secretary of Veterans Affairs. In the interim, Hon. Robert Wilkie of DOD will serve as Acting Secretary. I am thankful for Dr. David Shulkin’s service to our country and to our GREAT VETERANS!" Shulkin, the only member of Trump's Cabinet to be unanimously confirmed by the Senate, was fired amid allegations that he misused taxpayer dollars for personal travel. Shulkin is the third member of Trump’s Cabinet to resign or be fired since Trump took office.

Thursday, March 29

Virginia candidate filing deadline

  • The filing deadline for candidates running in Virginia elections passed on March 29. Federal elections on the ballot this year include one U.S. Senate seat and 11 U.S. House seats. Ballotpedia’s featured elections in Virginia this year include the Democratic primary for the 10th Congressional District and Republican primaries in the 2nd Congressional District and 6th Congressional District. The state’s primary is on June 12, 2018, and the general election is on November 6, 2018.

Judge Stephen Reinhardt, author of Proposition 8 case, passes away

  • United States Court of Appeals for the Ninth Circuit Judge Stephen Reinhardt passed away on Thursday. He was 87. He was nominated to the court by former President Jimmy Carter (D) in 1980 and was still on active judicial service at the time of his death. Ninth Circuit Chief Judge Sidney Thomas said in a statement, “He will be remembered as one of the giants of the federal bench.”
  • Reinhardt was an openly liberal voice on the Ninth Circuit who was involved a number of high-profile decisions over the course of his judicial career. He authored the Ninth Circuit’s 2012 decision overturning California’s state ban on gay marriage (known as Proposition 8). He also joined a ruling that the words “under God” in the pledge of allegiance violated the U.S. Constitution. That ruling was later overturned.
  • Reinhardt’s passing leaves a vacancy on the court. As an Article III judicial position, Reinhardt’s replacement must be nominated by the president and confirmed by the U.S. Senate

Congress has one month to decide on repealing another CFPB regulation

  • Last Thursday, Senator Lindsey Graham (R) of South Carolina introduced a Senate resolution to overturn a payday lending rule issued by the Consumer Financial Protection Bureau (CFPB). A bipartisan group of representatives previously introduced the same measure to the House of Representatives on December 1, 2017. Neither measure had advanced as of March 30, 2018.
  • The CFPB rule, on “Payday, Vehicle Title, and Certain High-Cost Installment Loans,” was issued as a final rule in October 2017. It limits repeat loans and requires payday lenders to assess a consumer’s ability to pay before issuing a loan. The rule went into effect on January 16, 2018, but lenders do not need to be compliant with most sections of the rule until August 19, 2019. Mick Mulvaney, acting director of the CFPB, has previously said the agency will reconsider the payday lending regulation.
  • The congressional resolutions were introduced under the Congressional Review Act (CRA) of 1996. The CRA created a review period during which Congress and the president can pass a joint resolution that overturns a new federal agency rule and blocks the issuing agency from creating a similar rule in the future. The review period lasts for 60 legislative days once a rule has been submitted to Congress and the Government Accountability Office (GAO). Congress has until early May until the review period expires. Its passage is unlikely because of Republicans' narrow margin in the Senate.
  • In November 2017, President Trump signed a CRA resolution to repeal another CFPB rule, this one on arbitration agreements. That brought the total number of rules repealed under the CRA during his administration to 15.

Friday, March 30

South Carolina filing deadline

Congress is not in session

The House and Senate will not be in session. The Senate returns on April 9, 2018, and the House returns on April 10, 2018.

SCOTUS is in session

The Supreme Court heard five arguments this week. The court is not scheduled to hear any additional arguments next week. To learn more about this term, read our overview.

WHAT'S ON TAP NEXT WEEK

Here's what is happening in federal politics this week. To see what happened in state and local politics, click here.

Monday, April 2

New Jersey candidate filing deadline

  • The filing deadline for candidates running in U.S. House and Senate elections in New Jersey will pass. In 2018, voters will choose one U.S. Senator and 12 U.S. Representatives. The primary election will take place on June 5, 2018, and the general election will take place on November 6, 2018. The Class 1 Senate seat up for election is currently held by Bob Menendez (D), who is seeking re-election and is facing at least seven potential challengers in the primary. Heading into the House primary election, seven of the U.S. House seats up for election are occupied by Democrats, while five are occupied by Republicans.

Minor party filing deadline passes in Colorado

  • The deadline for minor party candidates to run in Colorado elections will pass. Federal and state offices on the ballot this year include seven U.S. House seats, seven state executive offices including the governor and attorney general, 17 of 35 state senate seats, all 65 state House seats, one seat on the state supreme court, and three seats on the state court of appeals. Local elections within Ballotpedia’s coverage scope will include county offices in Adams, Arapahoe, and El Paso counties. The state’s primary election will be held on June 26, 2018, and the general election will be held on November 6, 2018. The deadline for major party candidates to file was March 20, 2018.
    • Ballotpedia’s featured elections in Colorado this year include the Democratic primaries for governor and the general election contests for the 6th Congressional District, governor, secretary of state, and attorney general. For more information on these races, please click here.

Thursday, April 5

Filing deadline for Tennessee candidates

  • The filing deadline will pass for candidates running in Tennessee elections. Federal and state offices on the ballot this year will include one U.S. Senate seat, nine U.S. House seats, governor, 17 of 33 state Senate seats, and all 99 state House seats. Local elections within Ballotpedia’s coverage scope will include school board and judicial offices in Nashville and Shelby County.
    • Ballotpedia's featured elections in Tennessee this year include the Republican primaries for Tennessee’s 2nd and 6th Congressional Districts, and well as the U.S. Senate race.
    • The state’s primary is August 2, and the general election is on November 6, 2018.

Where was the president last week?

 

  • On Monday, President Donald Trump received his intelligence briefing. He then had lunch with Vice President Mike Pence.
  • On Tuesday, Trump signed a proclamation for Education and Sharing Day. He then met with Treasury Secretary Steven Mnuchin. In the evening, he attended a dinner with supporters at a private residence in Washington, D.C.
  • On Wednesday, Trump hosted a credentialing ceremony for recently appointed ambassadors to Washington. He then had lunch with Defense Secretary James Mattis.
  • On Thursday, Trump spoke about his infrastructure plan in Richfield, Ohio, to promote the administration’s infrastructure plan. Trump then traveled to Mar-a-Lago for the Easter weekend.

Federal Judiciary

 

  • 147 federal judicial vacancies
  • 57 pending nominations
  • 33 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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