The Tap: Thursday, February 9, 2017

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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 #52 of The Tap, which was published on February 11, 2017. READ THE FULL VERSION HERE.

Federal

• Kansas State Treasurer Ron Estes was chosen by a nominating convention to be the Republican Party nominee in Kansas’ 4th Congressional District special election. The election will replace Mike Pompeo (R), who was confirmed as director of the CIA on January 23, 2017. Estes has served as the state treasurer of Kansas since 2011. The Democratic nominating convention will take place on Saturday, and the general election will occur on April 11, 2017. Kansas’ 4th Congressional District is expected to be a safe Republican seat.

• Alabama Attorney General Luther Strange was appointed by Gov. Robert Bentley to fill the Senate vacancy left by Jeff Sessions’ confirmation as United States attorney general. Strange will serve in the Senate until next year’s special election on November 6, 2018, to fill the rest of Sessions’ remaining term. Strange has served as Alabama’s attorney general since 2011. Prior to his service as attorney general, Strange unsuccessfully ran for lieutenant governor in 2006.

• A three-judge panel of the Ninth Circuit Court of Appeals unanimously upheld a temporary block against enforcement of President Donald Trump’s immigration executive order issued on January 27, 2017. On Friday, February 10, it was reported that the administration was not planning to appeal the decision to the United States Supreme Court, instead focusing on defending the order in further proceedings before a federal district court. The block had been issued by U.S. District Judge James Robart on February 3 in response to a challenge to the order from the states of Washington and Minnesota. The ruling from Robart prohibited federal employees from enforcing the order while the case is considered.
  • At oral argument, held on February 7, the administration said that the president has broad power over who may enter the United States and that executive decisions regarding national security should not be second-guessed in court.
  • The two states said that the executive order amounted to religious discrimination and threatened the safety of their residents and the health of their economies.

• A memo from House Financial Services Committee Chairman Jeb Hensarling outlined legislation to change the Dodd-Frank Act and federal banking regulations. The legislation, called the Financial Choice Act, is expected to clear the committee within a few weeks. The plan includes removing authority from the Consumer Financial Protection Bureau and making the director position a political appointee. Currently, the CFPB operates as an independent agency. In addition to this memo, Hensarling proposed possible changes to the Dodd-Frank Act, focusing on aspects of the CFPB to change, in an opinion piece in the Wall Street Journal. Hensarling wrote that Congress could transfer the consumer protection role of the agency to the Federal Trade Commission or other banking regulators. Hensarling also recommended that President Donald Trump fire the current head of the agency, Richard Cordray. Hensarling further commented that even with these changes, “the CFPB would still be unconstitutional,” and that “the agency must be functionally terminated.”

Trump administration acknowledges “One China” policy

• President Donald Trump agreed to honor the One China policy—the acknowledgment of formal diplomatic relations between the United States and mainland China rather than Taiwan—during a phone call with Chinese President Xi Jinping. In January 2017, Trump administration officials had suggested that the policy could be reconsidered depending on China's conduct in the South China Sea and trade.

Lawmakers recommend discipline for Conway

• During an interview on Fox News, Kellyanne Conway, counselor to President Donald Trump, requested that viewers "go buy Ivanka's stuff. … It's a wonderful line. I own some of it. I fully -- I'm going to just, I'm going to give a free commercial here: Go buy it today, everybody. You can find it online." The request came after Nordstrom and other stores said that they would no longer carry Ivanka Trump’s clothing line due to poor sales. Conway’s statement prompted House Oversight Committee Chairman Jason Chaffetz (R-Utah) and ranking Democratic member Elijah Cummings (Md.) to request that the Office of Government Ethics recommend disciplinary action against Conway for using her position to promote Ivanka Trump’s business. According to CNN, public employees are prohibited from making an "endorsement of any product, service or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity." After the incident, Conway tweeted, “POTUS supports me, and millions of Americans support him & his agenda.” White House Press Secretary Sean Spicer said that Trump had counseled Conway but did not offer further explanation.

State

Arizona Court Overturns Provision of 2002 Amendment

• The Arizona Supreme Court overturned part of 2002’s Proposition 103 with a 5-0 ruling. The proposition prevents courts from offering bail in cases of sexual assault, sexual conduct with a minor younger than 15, or molestation of a child younger than 15. The court ruled that it was unconstitutional to categorically deny bail on charges of sexual conduct with a minor under 15 years of age without first ruling if the person was a threat to someone else or the community. The ruling said that to do so violated the due process clause of the 14th Amendment of the U.S. Constitution. Thursday’s ruling did not impact any of the other provisions of the constitutional amendment.

Change to Concealed Carry in New Hampshire

• Members of the New Hampshire House of Representatives passed legislation that eliminated permits in order to carry a concealed weapon. Members of the lower chamber voted 200-97 in favor of the law, and the bill passed the state Senate on January 19 by a 13-10 vote along party lines. A similar bill passed both chambers last year but was vetoed by then-Gov. Maggie Hassan (D). The new governor, Chris Sununu (R), said he intends to sign the legislation once it reaches his desk. With the governor’s signature, the law would make New Hampshire the 11th state to not require concealed carry permits. Republicans hold a 226-174 majority in the state House, and New Hampshire is one of 25 Republican trifectas.

Kansas Public Education Cuts Put on Hold

• Republican leaders in the Kansas State Senate decided to halt debate on a bill that would cut funding to the state’s public school system by more than $125 million. After failing to secure enough votes to pass the bill, leadership suspended debate on it and any other measures until the state’s budget issue is addressed. The measure was part of a proposal to try and cut into the state’s budget deficit, which stands at about $300 million. Republican leaders said that they would look to restore the funding in the 2018 and 2019 fiscal years, but said that a new funding formula could redistribute the money at that time. Anthony Hensley (D), the Senate minority leader, spoke out against the bill and said that the Ways and Means Committee “basically took the cowards’ way out.” In addition to the K-12 funding cuts, the bill also cuts $22 million from the state’s higher education funding.

Delaware Supreme Court Justice Announces Retirement

• Justice Randy Holland, the longest-serving judge on the Delaware Supreme Court, announced that he would retire at the end of March. At the time of his appointment in 1986, Holland was the youngest person to serve on the court. Holland’s retirement will give first-term Gov. John Carney Jr. (D) his first opportunity to make an appointment to the state’s highest court. Speaking of Holland’s retirement, Carney said, “His thoughtfulness and deep knowledge of Delaware history and the Delaware Constitution will be missed.” Carney will be given a list of potential appointees by a judicial nominating commission and will submit his choice to the Delaware State Senate for confirmation. Holland was the only member of the five-person court who was appointed by a Republican governor. The other four members were all appointed by former Gov. Jack Markell (D).

Justice Appointed to Oklahoma Supreme Court

• Oklahoma Gov. Mary Fallin (R) appointed Patrick Wyrick to the Oklahoma Supreme Court. Wyrick, who is Fallin’s first appointment to the nine-member court, succeeds the retired Steven Taylor. Because Taylor retired at the end of his regular term, Wyrick will stand for retention to a full six-year term in 2018. Wyrick will join James R. Winchester as the only other justice on the court appointed by a Republican governor. Five were appointed by Brad Henry (D), while George Nigh (D) and David Walters (D) appointed one each. Prior to this appointment, Wyrick served as the solicitor general of Oklahoma from 2011-2017.

Local

Ethics Complaints Made Against Mayor, Council Members

• In Riverside, California, a resident has accused Mayor Rusty Bailey and four city council members of violating ethics laws. The basis of the accusation dates back to 2014, when the former city manager filed complaints against two councilmen alleging that they created a hostile work environment. In December 2016, city resident Jason Hunter filed new ethics complaints, saying that the use of closed-door meetings to investigate the claim made in 2014 violated ethics laws and the city charter. Hunter further argued that the investigation led to no disciplinary action but cost the city $130,000 in legal fees. Hearings for each councilman and the mayor will be held in the coming week. The council members expressed surprise at Hunter’s complaint and pointed out the council’s revised ethics process, which now includes an independent hearing panel made up of city residents. Riverside is the 12th-largest city in California and the 59th-largest city in the U.S. by population.

Preview of the day

The excerpts below were compiled from issue #51 of The Tap, which was published on February 4, 2017. READ THE FULL VERSION HERE.

Federal

Kansas Nominating Convention for Pompeo’s Replacement

• Kansas Republicans will hold a nominating convention for the special election to replace Mike Pompeo (R), who was recently confirmed as director of the CIA. A number of candidates have declared their interest in the nomination, including: attorney George Bruce, Wichita City Council member Pete Meitzner, director of coalitions for Donald Trump's 2016 presidential campaign Alan Cobb, former Rep. Todd Tiahrt, state Treasurer Ron Estes, and conservative radio host Joseph Ashby. The Democratic convention will take place on Saturday February 11.