The Tap: Monday, June 6, 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 #20 of The Tap, which was published on June 11, 2016. READ THE FULL VERSION HERE.

Federal

• On Monday evening, The Associated Press announced that Hillary Clinton had amassed enough pledged delegates and superdelegates to secure the Democratic nomination. (The Democratic nominee in 2016 needs 2,383 total delegates.) The AP’s call was based on the number of delegates that Clinton won in the U.S. Virgin Islands and Puerto Rico over the weekend and a survey of uncommitted superdelegates. The announcement came the day before the crucial June 7 primaries—where 694 pledged delegates were up for grabs—causing some to criticize the AP’s timing for its potential impact on voter turnout in key states like California and New Jersey. Bernie Sanders said on Tuesday, “I was upset with what the AP did. They got on the phone, as I understand it, and they started hounding superdelegates to tell them in an anonymous way who they’d be voting for. And the night before the largest primary, the biggest primary in this entire process, they make the announcement.” Kathleen Carroll, the AP’s executive editor, explained why the news organization made the call when it did in a statement: “By Monday evening, 571 superdelegates had told us unequivocally that they intend to vote for Clinton at the convention. Adding that number to the delegates awarded to Clinton in primary and caucus voting to date gave her the number needed to be the presumptive nominee. That is news, and reporting the news is what we do. Nothing in that discourages or prevents voters in six states from exercising their right to go to the polls today and cast their ballots.”

• The U.S. Supreme Court issued two unanimous judgments on Monday.
  • In Ross v. Blake, the court vacated and remanded the judgment of the United States Court of Appeals for the 4th Circuit, finding that the Fourth Circuit's unwritten "special circumstances" rule excusing a failure to comply with certain administrative procedural requirements was inconsistent with the text and history of the Prison Litigation Reform Act (PLRA) of 1995.
  • In Simmons v. Himmelreich, the court affirmed the judgment of the United States Court of Appeals for the 6th Circuit in holding that a provision of the Federal Tort Claims Act (FTCA) did not bar the respondent from pursuing a second, related lawsuit filed prior to dismissal by a district court of his first lawsuit.

• The Supreme Court granted certiorari in two cases and noted probable jurisdiction in a third. The two cases granted certiorari both address the death penalty: Moore v. Texas and Buck v. Stephens. The court also noted probable jurisdiction in Bethune-Hill v. Virginia Board of Elections. When the court notes probable jurisdiction, it indicates that the court will receive briefs and hear oral argument in a direct appeal from a three-judge district court panel. In Bethune-Hill, the Supreme Court will consider a divided district court panel ruling that Virginia’s 2013 redistricting plan created an unconstitutional racial gerrymander for state legislative elections. The plaintiffs allege that, during the most recent redistricting cycle, Republican lawmakers placed too many black voters into a relatively small number of majority-minority state legislative districts, thereby diluting the influence of their voters. Republicans deny this allegation, arguing that the districts "were drawn in accordance with the Constitution, all state and federal laws, and in a fair and open process."

• The Supreme Court called for the views of the Solicitor General (CVSG) in SmithKline Beecham Corp. v. King Drug Co. of Florence, a case under consideration for a writ of certiorari to the United States Court of Appeals for the 3rd Circuit. The case concerns the proper application of the “rule of reason” test for reverse-payment settlements in light of the Supreme Court’s 2013 decision in FTC v. Actavis, Inc. The Supreme Court requests a CVSG when the United States is not a party to a case but the court wants the views of the U.S. government known in advance of either a case being granted certiorari and/or a scheduled oral argument.

• Vice President Joe Biden unveiled the Genomic Data Commons, “a public database for clinical data on cancer … that aims to help researchers and doctors better tailor new treatments to individuals. … The system is designed to increase sharing of information about the gene sequences of tumors and how patients with those tumors responded to specific treatments,” according to ABC News. The database is overseen by the National Cancer Institute and is a major element in Biden’s push to improve cancer research and find a cure for the disease.

• Citing a handful of Donald Trump’s proposed policies, news and entertainment site Buzzfeed terminated a $1.3 million advertising deal with the Republican National Committee for the fall. In a memo, Buzzfeed CEO Jonah Peretti wrote, “Trump advocates banning Muslims from traveling to the United States, he’s threatened to limit the free press, and made offensive statements toward women, immigrants, descendants of immigrants, and foreign nationals. … The Trump campaign is directly opposed to the freedoms of our employees in the United States and around the world.”

State

• The Oregon Business Tax Increase Initiative, Initiative Petition #28, will be on the November ballot. The secretary of state certified signatures on June 6 for the measure that would establish a minimum $30,000 tax plus 2.5 percent of the revenue that exceeds $25 million.

• The Louisiana State Legislature adjourned its regular session. Thirty minutes after the regular session adjourned, the legislature entered its second special session of the year. The special session will be used to fill the gaps in the state budget. By the time that the special session adjourns on June 23, the legislature will have been in session for 19 consecutive weeks in 2016. This would make it the longest weekly stretch that the legislature has been in session in its 204-year history. Louisiana is of 20 states under divided government. Republicans control the Senate by 11 seats and the House by 19 seats, while Democrats control the governor’s office.

• The California Supreme Court ruled 6-1 in favor of allowing supporters of the California Parole, Early Release and Juvenile Trial Reform Initiative, backed by Governor Jerry Brown, to move forward with their efforts to place the initiative on the 2016 ballot. The decision reversed a previous ruling, made by Sacramento County Superior Court Judge Shelleyanne Chang, which found that amendments made to the initiative were substantial enough to require the initiative process to start over. Writing for the Supreme Court majority, Associate Justice Carol Corrigan said: "There is no question that the changes the proponents made to this initiative measure were, in certain respects, quite extensive. However, that is their right, so long as the changes are reasonably germane to the original theme, purpose, or subject." Supporters need to collect 585,407 valid signatures by August 24, 2016, in order to qualify the initiative for the November ballot.

Local

• In an effort to prevent agribusiness giant Cargill from leaving Wichita, Kansas offered the company a large incentive package dubbed Project Orion. Records of the deal signed on May 19, 2016, were released to the Associated Press and name multiple tax exemptions for the company, including exemptions from state, city, and school district sales taxes, in return for Cargill’s pledge to remain in the state for another 15 years. The city of Wichita will also provide the company with industrial building bonds and will shoulder half of the cost of a $15 million parking lot. While the full details of the agreement are not known, the government incentive package for Cargill is estimated to total almost $10 million over 10 years. According to Wichita State University’s Center for Economic Development and Business Research, the decision to extend these incentives to Cargill increases the attractiveness of Kansas to other businesses. "Companies like Cargill staying in the state is important for the workforce here. … It shows that there are viable reasons a company can be here because they remain competitive here," said Executor Director Jeremy Hill.
  • Not all Wichita residents are pleased with the tax abatements, however. The Wichita School District filed a lawsuit against the state citing potential budget shortfalls, which could impact the district’s funding equation. Over the next decade, the district is estimated to lose nearly $1.5 million in tax revenue, and the state of Kansas is expected to lose another $3 million. Proponents stated that the city and state will benefit from the continued presence of Cargill, offsetting the lost revenue. The lawsuit is currently pending. Wichita is the largest city in Kansas and the 49th-largest city in the U.S. by population.

Preview of the day

The excerpts below were compiled from issue #19 of The Tap, which was published on June 4, 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.

State

• The Louisiana State Legislature is expected to adjourn its regular session. Louisiana is of 20 states under divided government. Republicans control the Senate by 11 seats and the House by 19 seats, while Democrats control the governor’s office.
• The California Supreme Court is expected to rule on an appeal case for a lawsuit determining whether the California Parole and Juvenile Trial Opportunity Modification Initiative can appear on the November 2016 election ballot. The court will decide whether to uphold a previous ruling made by Sacramento County Superior Court Judge Shelleyanne Chang which stated that amendments made to the initiative were substantive and, therefore, couldn’t be made without starting the initiative process over. If the supreme court overrules Chang’s decision, the initiative could appear on the ballot in 2016. If the supreme court agrees with Chang, the initiative will be delayed.