The Tap: Monday, April 25, 2016

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The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

Review of the day

The excerpts below were compiled from issue #14 of The Tap, which was published on April 30, 2016. READ THE FULL VERSION HERE.

Federal

• The campaigns of Ted Cruz and John Kasich released statements on Monday outlining a joint effort to prevent Donald Trump from amassing the 1,237 delegates needed to win the Republican nomination. The plan involves Kasich’s team shifting its resources away from Indiana in order to “give the Cruz campaign a clear path” and reorienting them toward New Mexico and Oregon. Meanwhile, the Cruz campaign is to focus its efforts on Indiana and “clear the path for Gov. Kasich to compete in Oregon and New Mexico.” Indiana, with 57 pledged delegates up for grabs, is a winner-take-all state and is considered crucial for Trump. Oregon and New Mexico have a total of 52 pledged delegates between them. The Cruz-Kasich alliance showed signs of strain shortly after it was announced, with Kasich telling reporters in Pennsylvania on Monday, “I've never told [Indiana voters] not to vote for me – they ought to vote for me.”

• U.S. Sen. Sherrod Brown (D-Ohio) said on Monday that although it was “flattering” that the media was speculating that he was a contender for Clinton’s vice presidential pick, he was not interested in the role. "I've made it clear I don't really want this job," he said.

• The Supreme Court heard two cases. In Kirtsaeng v. John Wiley & Sons, Inc, the court considered protocols for awarding lawyers’ fees to victorious parties in copyright cases. In Cuozzo Speed Technologies v. Lee, the court explored whether a U.S. agency can rule on a type of patent validity challenge.

• The Supreme Court agreed to hear Shaw v. United States and Manrique v. United States next term. In Shaw, the court will review what constitutes intent to defraud a bank. In Manrique, the court will consider how criminals appealing convictions can simultaneously appeal restitution orders.

• The 2nd Circuit reinstated penalties against New England Patriots QB Tom Brady, finding that the NFL commissioner appropriately exercised his authority under the current labor contract. Find out more about the three judges who heard the case: Chief Judge Robert Katzmann, Judge Denny Chin, and Judge Barrington Parker.

• Using Rule 11, the Washington Redskins asked the Supreme Court to merge their appeal with another case, Lee v. Tam, should the court hear that case; both cases address the constitutionality of trademark law.

• The Obama administration announced that 250 additional troops will be sent to Syria to assist and advise in the mission to defeat the Islamic State in Iraq and Syria (ISIS). After the announcement, President Obama and the Pentagon responded to critics who suggested that the commitment of additional troops was evidence of mission creep. President Obama said, “As a general rule, their role is not to engage directly with the enemy but rather to work with local forces that is consistent with our overall policy throughout.” Pentagon press secretary Peter Cook added, “These are specific capabilities ... specific needs right now as we talk to our partners. And including our assessment, talking to local leaders on the ground in Syria, these are decisions that we think makes sense to accelerate this campaign and to further enable those local forces. … This is not a question of putting in thousands of American forces to wage this fight. We are looking to others to carry this fight out but to do what we can to support them.”

• As part of National Reentry Week, a week dedicated to improving the transition that individuals make from the prison system back into society, the U.S. Department of Justice, Department of Housing and Urban Development, and Department of Education announced new programs and initiatives to help individuals with criminal histories gain access to housing and education.
  • U.S. Attorney General Loretta Lynch announced the release of the U.S. Department of Justice’s “Roadmap to Reentry” reform program during an event in Philadelphia. The goal of the program is to have the Bureau of Prisons better prepare inmates for release by providing inmates with better educational opportunities and reentry resources. Lynch also announced that she is asking governors “to allow citizens returning from federal prisons to exchange their federal BOP inmate ID card – and their authenticated release documentation – for a state-issued ID.”
  • The U.S. Department of Education “announced $5.7 million in new grants aimed at improving outcomes for students who have been involved in the criminal justice system” and “released a new toolkit providing guidance to educators and others to support a successful reentry system for formerly incarcerated youth and adults.”
  • The U.S. Department of Housing and Urban Development and the Department of Justice “announced $1.75 million for Public Housing Authorities (PHAs) and nonprofit legal service organizations to address the challenges justice-involved individuals face when trying to find work and a place to call home.” Under the Juvenile Reentry Assistance Program (JRAP), juveniles leaving the criminal justice system will receive assistance finding housing and have access to free legal advice to ease their reentry into society.

• Donald Trump hired Ken McKay as a senior advisor to his presidential campaign. Earlier in the 2016 election cycle, McKay managed the campaign of New Jersey Gov. Chris Christie, making him the third former campaign manager of a Trump rival to join the front-runner. McKay was hired as part of convention manager Paul Manafort’s effort to secure delegates ahead of July’s Republican National Convention.

• The Centers for Medicare and Medicaid Services released a final rule on private managed care plans that have contracts with Medicaid to provide services to the program’s enrollees. Under the new rule, these insurers must maintain a medical loss ratio of 85 percent, meaning that 85 cents of every Medicaid dollar they receive must be used for medical care and quality improvement activities. The rule also establishes a system that rates the quality of the various managed care plans and allows states to adopt new reimbursement models such as pay-for-performance. Additionally, Medicaid will now reimburse managed care plans for short inpatient stays of up to 15 days in mental health institutions. Medicaid programs in 39 states contract with managed care plans, and about two-thirds of the total number of Medicaid enrollees nationwide are covered by such plans.

State

• The Oklahoma Legislature referred the Oklahoma Public Money for Religious Purposes Amendment for the November 8 ballot. The measure would repeal Section 5 of Article 2 of the Oklahoma Constitution, a section that prohibits public money from being spent for religious purposes. Passage of the measure would allow the Ten Commandments monument, which was ruled unconstitutional by the Oklahoma Supreme Court in October 2015, to be returned to the Capitol. Oklahoma is one of 23 Republican trifectas. Ballotpedia is tracking 82 statewide measures that are certified for the ballot in 2016, most of which will be decided during the November election.

• The Alabama Amendment 2 was approved by the Alabama Legislature to appear on the November 8 ballot. From 2011 to 2015, the Alabama Legislature reallocated $15 million from the state parks budget to the general fund, causing five state parks to close and other parks to limit their services and hours of operation. All park reserve funds were exhausted, as well. After negative public reaction to five parks closing in 2015 and intensified lobbying efforts by Alabama State Parks Partners, the legislature proposed this amendment to ensure that future state park funds would not be allocated to other uses. About 86.5 percent of the state parks budget comes from guest fees, with about $7.6 million of the $37 million annual budget coming from taxes. Ballotpedia is tracking 82 statewide measures that are certified for the ballot in 2016, most of which will be decided during the November election.

• The General Assembly of North Carolina convened its regular session. The legislature is projected to adjourn on July 30. North Carolina is one of 23 states with a Republican trifecta; Republicans control the governor’s office, the House by 29 seats, and the Senate by 18 seats with two vacancies. Earlier this year, the legislature held two special sessions: one to redraw congressional district maps and another to overrule a local LGBT bathroom ordinance.

• Both chambers of the Oklahoma State Legislature passed legislation that would make it a felony for doctors to perform abortions. The bill would amend the state’s description of “unprofessional conduct” by a doctor, and add performing abortions to it. If found guilty of having performed an abortion, a doctor would lose his or her medical license and would be charged with a felony, which has a minimum sentence of one year in prison. The bill would only allow abortions necessary to save the life of the mother. The state House sent SB 1552 to the state Senate for final approval. The Senate passed the bill in March, but since the House amended the bill, the state Senate must accept the changes before it can move on to Gov. Mary Fallin (R). It is unclear if Fallin will sign the bill, but she has signed anti-choice legislation in the past. Since Roe v. Wade and most recently in Planned Parenthood v. Casey, the U.S. Supreme Court has upheld a woman's right to choose. Amanda Allen, senior state legislative counsel at the Center for Reproductive Rights, said in a statement about SB 1552 that “The Center for Reproductive Rights is closely watching this bill and we strongly urge Governor Fallin to reject this cruel and unconstitutional ban.” In the past, similar abortion restrictions or outright bans have been ruled unconstitutional by the courts because of the ruling in Roe v. Wade.

• United States District Court Judge Thomas D. Schroeder upheld a sweeping voting reform package passed by the General Assembly of North Carolina in 2013. That law reduced the number of early voting days, prohibited same-day voter registration, eliminated pre-registration for teenagers, and established a photo identification requirement for voters. In his opinion, Schroeder wrote, "North Carolina has provided legitimate state interests for its voter ID requirement and electoral system that provides registration all year long up to twenty-five days before an election, absentee voting for up to sixty days before an election, ten days of early voting at extended hours convenient for workers that includes one Sunday and two Saturdays, and Election Day voting." Opponents of the law appealed the decision to the United States Court of Appeals for the 4th Circuit and requested that the court expedite the appeal. To learn more about voting policy in North Carolina, see this article.

Preview of the day

The excerpts below were compiled from issue #13 of The Tap, which was published on April 23, 2016. READ THE FULL VERSION HERE.

Federal

• The U.S. Supreme Court begins its final week of scheduled arguments for this term on Monday with oral arguments in two cases. In Kirtsaeng v. John Wiley & Sons, Inc, the court will address a split among the U.S. Courts of Appeals over the appropriate standards for awarding attorneys’ fees to a prevailing party under §505 of the Copyright Act. In the second case, Cuozzo Speed Technologies v. Lee, the court will consider the scope of the Patent Trial and Appeal Board’s adjudicative purview over inter partes review (IPR) challenges to the validity of patents. The case comes on writ of certiorari to the United States Court of Appeals for the Federal Circuit.

State

• The General Assembly of North Carolina will convene its regular session. The legislature is projected to adjourn on July 30. North Carolina is one of 23 states with a Republican trifecta. Republicans control the governor’s office, the House by 29 seats, and the Senate by 18 seats with two vacancies. Earlier this year, the legislature held two special sessions. One special session was used to redraw congressional district maps, and the other was to overrule a local LGBT bathroom ordinance. The ordinance would have prevented businesses from discriminating against LGBT customers. It also included a provision that would have allowed transgender people to use the bathroom that aligns with their gender identity. During the special session, the Senate and House passed House Bill 2, which overrules the local ordinance and prevents local governments from setting up their own anti-discrimination rules.