The Tap: Monday, June 13, 2016

   ← Jun 12

Jun 14 →   

---

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 #21 of The Tap, which was published on June 18, 2016. READ THE FULL VERSION HERE.

Federal

• Donald Trump delivered a speech in New Hampshire addressing national security concerns, Hillary Clinton’s response to terrorism, and the Orlando mass shooting. Trump presented changes to immigration law as a critical element of his anti-terrorism policy.
• In an interview, Hillary Clinton declined to use the words “radical Islam” to describe the Orlando mass shooting and responded to Donald Trump’s criticism that she should leave the presidential race because she refused to do so. “I am not going to demonize and demagogue and declare war on an entire religion. That's just plain dangerous, and it plays into ISIS's hand," she said.
• The Trump campaign announced that it was revoking press credentials provided to The Washington Post to attend Trump rallies because of what the campaign called “incredibly inaccurate coverage and reporting of the record setting Trump campaign.” The campaign’s decision was in response to a Post article that interpreted some of Trump's remarks to mean "that Trump was suggesting some tie between the president and the shooting" in Orlando. Washington Post editor Martin Baron called the decision “nothing less than a repudiation of the role of a free and independent press. When coverage doesn't correspond to what the candidate wants it to be, then a news organization is banished.” He added that the newspaper would continue to cover Trump’s campaign.
• President Barack Obama sent a letter to members of Congress detailing where and how U.S. Armed Forces have been deployed to combat terrorism, as required by federal law. Members of the U.S. military are currently deployed in more than 14 countries in the Middle East and central Africa to fight the following terrorist groups: al-Qaida, the Taliban, ISIL/ISIS, al-Shabaab, and al-Qaida in the Arabian Peninsula (AQAP).
• As part of the Obama administration’s continued efforts to strengthen ties between the U.S. and Cuba, U.S. Department of Health and Human Services Secretary Sylvia M. Burwell signed a Memorandum of Understanding (MOU) with Cuba’s Ministry of Public Health. The MOU “establishes coordination across a broad spectrum of public health issues, including global health security, communicable and non-communicable diseases, research and development, and information technology,” according to a press release.
• The U.S. Supreme Court issued opinions in three cases on June 13.
  • In Puerto Rico v. Franklin California Tax-Free Trust, a five-justice majority affirmed the judgment of the United States Court of Appeals for the 1st Circuit in holding that the Federal Bankruptcy Code’s provisions preempting states from restructuring municipal debt by statute also apply to the commonwealth of Puerto Rico. The ruling necessitates that Puerto Rico must coordinate relief with Congress in order to address its debt obligations.
  • In Halo Electronics, Inc. v. Pulse Electronics, Inc., a unanimous court voided the judgment of the United States Court of Appeals for the Federal Circuit in holding that a test adopted by the Federal Circuit for determining when a district court may award enhanced damages for patent violations was unconstitutional. The case will now return to the circuit court for additional proceedings.
  • In United States v. Bryant, a unanimous court reversed and remanded the judgment of the United States Court of Appeals for the Ninth Circuit. The Supreme Court held that uncounseled convictions obtained under the Indian Civil Rights Act (ICRA) of 1968 still count toward a multiple prior conviction requirement making a defendant eligible for classification and prosecution under federal domestic violence law as a “serial offender.”
• The U.S. Supreme Court refused to hear a request from a group of states challenging the U.S. Environmental Protection Agency’s (EPA) mercury and air toxics standards for power plants. Led by Michigan and several energy industry groups, the states argued that the standards are unlawful under the Clean Air Act and that the U.S. Court of Appeals for the District of Columbia Circuit erred in upholding them in December 2015. The mercury standards are sweeping regulations on power plants that require a reduction in mercury emissions in order to improve air quality. According to the EPA, the standards are expected to cost $9.6 billion annually and produce between $37 billion and $90 billion in health and environmental benefits. Proponents of the standards have argued that the standards’ benefits outweigh their costs. Opponents of the standards have argued that the standards are too costly and will lead to the closure of power plants.

• President Barack Obama signed 12 resolutions into law all regarding the naming of post offices across the country.

• The House passed S 337 - the FOIA Improvement Act of 2016 by voice vote. The bill proposes amending the Freedom of Information Act (FOIA) to make it easier for the public to access federal records. It passed the Senate on March 13, 2016, and will now head to President Obama for approval.

State

• The North Dakota Expansion of Rights for Crime Victims Initiative will be on the November ballot. The measure would expand the rights provided to crime victims, specifically requiring that they be given the options to be present at all criminal proceedings, to receive prompt notification about the status of the defendant, to be given restitution before the government, to refuse interview requests from the defendant’s representation, and to expect a trial for the defendant without unreasonable delays. The secretary of state verified about 34,000 of the nearly 45,000 signatures submitted by the initiative’s sponsoring committee—well over the 26,904 valid signatures required.
  • This November, voters in Montana and South Dakota will also be presented with similar measures on their ballots. Laws like these are commonly known as “Marsy’s Laws.” California voters approved a “Marsy’s Law” measure in 2008, and other similar measures have been based on this version. In Illinois, a “Marsy’s Law” measure did not make the ballot in 2012, but voters overwhelmingly approved a similar measure when it appeared on the ballot in 2014. Also, a different “Marsy’s Law” measure was deferred from the ballot this year in Hawaii.

• Pennsylvania Governor Tom Wolf (D) nominated Judge Sallie Mundy to the seat on the state supreme court vacated by Justice Michael Eakin upon his March resignation. Her appointment requires confirmation by the Pennsylvania State Senate. If confirmed, Mundy would serve until a new justice is sworn in after the 2017 judicial election, in which she may file to run to remain on the bench. Pennsylvania’s courts have been in the spotlight recently following record-setting campaign spending in the 2015 election, disputes with Attorney General Kathleen Kane, and the pornographic email scandal that led to Eakin’s resignation.

• U.S. District Court Judge George L. Russell has denied Maryland’s request to dismiss a challenge to the state’s ballot access laws. Maryland law required an independent candidate to obtain 40,603 signatures to get on the ballot this year, whereas new parties only required 10,000. The challenge was brought forth by Greg Dorsey, a Maryland resident who is seeking access to the ballot as an unaffiliated candidate. Dorsey argues that the disparity in signature requirements for independent candidates and new parties seeking ballot access violates the rights to free speech and association and equal protection guaranteed by the First and Fourteenth Amendments to the United States Constitution. In recent years, only one statewide independent candidate has qualified for the ballot in Maryland: U.S. Senate candidate Sohrab "Rob" Sobhani in 2012.

Local

• The Denver City Council passed a pair of regulations targeting the short-term housing rental industry, which includes Airbnb and VRBO. The first regulation amended the city's zoning code to account for short-term rentals, and the second regulation instituted an annual $25 licensing fee for short-term rental hosts and an enforcement mechanism using per-incident fines of up to $999. Prior to the passage of the new laws, all short-term rentals were illegal in Denver, but the law frequently went unenforced. The legislation both legalized and regulated some forms of short-term rentals, including partial and full rentals of primary home residences. Rentals of secondary vacation residences remain illegal in the city. The two bills both passed by a vote of 9-2 with council members Kevin Flynn and Rafael Espinoza opposing it. The regulations go into effect on July 1, 2016. Denver is the largest city in Colorado and the 23rd-largest city in the U.S. by population.
  • On June 1, 2016, Seattle Mayor Ed Murray (D) and Councilman Tim Burgess (D) proposed limiting short-term rentals to improve the city’s housing market. Their plan would allow only primary residences to be listed year-round on services such as Airbnb and VRBO, whereas secondary residences would be limited to 90 nights per calendar year. According to Airbnb, short-term rentals have generated more than $30 million in revenue for Seattle rental property owners. Several dozen Airbnb hosts attended a city council meeting on June 15, 2016, to criticize the regulations. Some of the attendees indicated their support for a tax on short-term rental housing hosts in order to fund low-income housing construction as an alternative to the mayor and council member's proposal. Seattle is the largest city in Washington and the 22nd-largest city in the U.S. by population.
  • On June 7, 2016, the San Francisco Board of Supervisors approved legislation that restricts commercial postings from short-term housing rental websites. A similar but more extensive citizen-initiated measure, Proposition F, was defeated in 2015. Under the new law, only residents registered with the city as hosts are permitted to post short-term listings. Any individual or business found posting a noncompliant listing can be fined up to $1,000 per day. The legislation is intended to protect San Francisco’s housing availability from the potential drain of short-term rentals. Some residents believe that these rentals worsen the city’s housing crisis. Critics from the business community argue that the law violates the federal protection of internet freedom. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.

Preview of the day

The excerpts below were compiled from issue #20 of The Tap, which was published on June 11, 2016. READ THE FULL VERSION HERE.

Federal

• The U.S. Supreme Court will hold a non-argument session on Monday. The court is expected to issue orders in advance of the session and to announce opinions in decided cases during the session. The court will also announce if additional non-argument sessions have been scheduled for the week.
• Donald Trump will deliver a speech at Saint Anselm College in New Hampshire detailing why he does not believe Hillary Clinton is qualified to be president. His critique is likely to reference allegations of corruption in the Clinton Foundation, Clinton’s performance as secretary of state, and the FBI investigation into Clinton’s private email server use.
  • See also: Hillary Clinton email investigation

State

• Incoming Justice Geoffrey Slaughter will be sworn in to the Indiana Supreme Court bench. Slaughter was appointed by Indiana Governor Mike Pence (R) on May 9 to replace retired Justice Brent Dickson. This was Pence’s first appointment to the high court.