The Tap: Wednesday, December 7, 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 #45 of The Tap, which was published on December 10, 2016. READ THE FULL VERSION HERE.

Federal

You’re Hired

• At a transition breakfast, Trump announced that he had chosen to nominate Iowa Governor Terry Branstad as his administration’s ambassador to China, making Branstad the second governor Trump has said he would nominate for a high-level appointment in his administration. Branstad is the longest-serving governor in the state’s history, having served from 1983 to 1999 and again from 2011 until the present. Branstad was a supporter of Trump during the presidential election. The Iowa governor has known Chinese president Xi Jinping since 1985, when Xi visited Iowa as part of an agriculture delegation. Branstad has also visited China four times since being elected in 2011, including a 2013 trip that was part of a trade mission with Virginia Governor Bob McDonnell and Wisconsin Governor Scott Walker. His most recent trip there was in November.

What this means for Iowa:

• • If Branstad’s nomination is approved by the U.S. Senate, Iowa Lieutenant Governor Kim Reynolds (R) would become governor until 2019, when Branstad’s term is set to end.
  • Reynolds ascending to the governor’s office would vacate the lieutenant governor’s office. According to the state constitution, the president pro tem of the state senate would become the new lieutenant governor. Although that office is currently held by a Democrat, Republicans winning the chamber in November 2016 means that it will be a Republican official who replaces Reynolds in the lieutenant governor’s office in the event of Branstad’s confirmation by the U.S. Senate.
  • As a result of Republicans gaining a majority in the state senate in the 2016 elections, Iowa will be one of 25 Republican trifectas, with the party controlling governorship and majorities in both legislative chambers. Republicans are expected to pursue “tax reform, water quality improvements and, potentially, changes to the state’s collective bargaining laws,” according to the Des Moines Register.
  • Losing Branstad as governor, however, means losing “the unquestioned leader of the Republican Party in Iowa,” according to the Des Moines Register.

• Multiple news outlets reported that President-elect Trump had settled on retired U.S. Marine Corps General John Kelly as his nominee for secretary of homeland security. According to The New York Times, Trump “has not yet formally offered the job to General Kelly, in part because the general is out of the country this week. The president-elect plans to roll out the appointment next week, along with his remaining national security positions, including secretary of state.” Kelly joined the U.S. Southern Command in 2012 and served as its leader until his retirement in 2015. The Southern Command oversees military activity in Central and South America as well as the military prison in Guantánamo Bay, Cuba. After retiring, Kelly took an advisory role with the Homeland Security Advisory Council. Kelly is the third military general Trump has said he would nominate for high-level administration positions. He previously announced his intent to nominate retired U.S. Army Lt. Gen. Michael Flynn for National Security Advisor and retired U.S. Marine Corps Gen. James Mattis for Secretary of Defense.

• President-elect Donald Trump selected Oklahoma Attorney General Scott Pruitt (R) to become administrator of the Environmental Protection Agency (EPA). Pruitt is one of 27 state attorneys general who have sued the EPA over the Clean Power Plan, the Obama administration’s signature climate change policy aimed at reducing carbon dioxide emissions at power plants. Pruitt also joined a federal lawsuit against the EPA’s rule targeting methane emissions from new oil and natural gas operations. Regarding the theory of human-caused climate change and policies to address it, Pruitt and Alabama Attorney General Luther Strange wrote in the conservative journal National Review on May 17, 2016, “Healthy debate is the lifeblood of American democracy, and global warming has inspired one of the major policy debates of our time. That debate is far from settled. Scientists continue to disagree about the degree and extent of global warming and its connection to the actions of mankind. That debate should be encouraged — in classrooms, public forums, and the halls of Congress.” According to the Trump transition team’s website, the Trump administration plans to redirect the EPA’s activities to a limited set of issues, particularly air quality, water quality, and drinking water quality. In addition, Trump has promised to rescind the Obama EPA’s regulations, particularly the Clean Power Plan and the Waters of the United States rule, a rule defining which bodies of water fall under federal jurisdiction and regulation. For more on where Pruitt stands on environmental policy, click here.

Quoted:

• “Today, Michelle and I join the American people in remembering those who gave their lives at Pearl Harbor—many of them not much older than boys—and in honoring their families—spouses, siblings, sons and daughters who still carry the memories of their loved ones in their hearts. We give thanks to the veterans and survivors of Pearl Harbor who faced down fear itself, met infamy with intrepidity, freed captive peoples from fascism and whose example inspires us still. For out of the horrors of war, this Greatest Generation forged an enduring international order, became the backbone of the middle class and powered America’s prosperity. Their courage and resolve remind us of that fundamental American truth—that out of many we are one; and that when we stand together, no undertaking is too great.”
  • • President Barack Obama’s statement on the 75th anniversary of the attack on Pearl Harbor

Mayors Talk Immigration Reform

• Chicago Mayor Rahm Emanuel met with Donald Trump to discuss immigration reform and sanctuary cities and to hand-deliver a letter signed by him and 16 other mayors encouraging the president-elect to maintain the Deferred Action for Childhood Arrivals program "until Congress modernizes our immigration system and provides a more permanent form of relief for these individuals."

TIME’s “Person of the Year”

• President-elect Donald Trump was named "Person of the Year" by TIME. In an interview with the news magazine, Trump indicated that he would create some form of relief for individuals brought to the United States illegally as children. "We’re going to work something out that’s going to make people happy and proud. They got brought here at a very young age, they’ve worked here, they’ve gone to school here. Some were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen," he said. Trump also discussed his blue collar appeal during the election, saying, "What amazes a lot of people is that I’m sitting in an apartment the likes of which nobody’s ever seen. And yet I represent the workers of the world. ... I’m representing them, and they love me and I love them."

SCOTUS On Tap: Keep on Truckin’

• The U.S. Supreme Court concluded its December sitting by hearing arguments in Czyzewski v. Jevic Holding Corp. The case came on appeal from the U.S. Court of Appeals for the Third Circuit. After Jevic Holding Corporation entered Chapter 11 bankruptcy, a settlement was reached between Jevic's first-priority secured creditors and a committee assigned to represent Jevic's unsecured creditors. Jevic's truck drivers were omitted from the settlement despite the fact that the drivers had higher-priority claims under Section 507 of the U.S. Bankruptcy Code. The bankruptcy court, citing the "dire circumstances" in the bankruptcy, approved the settlement, which was affirmed by a federal district court and the Third Circuit Court of Appeals, though the circuit panel did admit that “it is a close call.” The drivers challenged the holding that the Bankruptcy Code permitted a bankruptcy court to authorize distribution of settlement proceeds in a manner that violated the Code's priority scheme.

• In a one-page order, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit dismissed an appeal brought by New Mexico resident Steven Michel, who filed a lawsuit in a federal district court seeking to force the Senate to vote on the stalled nomination of Judge Merrick Garland to the Supreme Court of the United States. That lawsuit was dismissed in November by Judge Rudolph Contreras, who held that Michel lacked legal standing to bring such a suit. In upholding Judge Contreras' decision, the circuit panel agreed that "the district court correctly held that appellant lacked standing to bring this action because he failed to demonstrate an injury in fact. Rather than being 'concrete and particularized' ... appellant’s alleged injury – the diminution of the effectiveness of his votes for Senators – is 'wholly abstract and widely dispersed.'"
  • For more on Merrick Garland’s nomination to the Supreme Court, see Ballotpedia’s overview.

Congressional Legislation

• Key vote: The Senate passed HR 34—the 21st Century Cures Act—by a vote of 94-5. The $6.3 billion bill allocates funding to address the opioid epidemic, Vice President Joe Biden’s “cancer moonshot” program, Alzheimer’s disease, and reform of the mental health system. Additionally, the bill streamlines and increases the speed of FDA approval for new drugs and medical devices.
  • After the Senate passed the bill, President Barack Obama released the following statement: “We are now one step closer to ending cancer as we know it, unlocking cures for diseases like Alzheimer’s, and helping people seeking treatment for opioid addiction finally get the help they need. The bipartisan passage of the 21st Century Cures Act is an example of the progress we can make when people from both parties work together to improve the health of our families, friends and neighbors. … This bill will make a big difference, and I look forward to signing it as soon as it reaches my desk.”

State

The Limit Does Not Exist. Montana Fixes Clerical Error in Initiative 182

• Judge James P. Reynolds of the Montana 1st Judicial District Court allowed immediate enactment of a provision in Montana Initiative 182 removing the state’s three-patient limit for medical marijuana providers, a change that would have otherwise been delayed for six months because of what proponents called a clerical error in their initiative. Despite the intention of the measure’s authors, Initiative 182—approved by Montana voters in November—was written so that the three-patient limit would be repealed on June 30, 2017. The measure was designed to repeal certain legislation impacting medical marijuana dispensaries and physicians and to incorporate PTSD as a qualifying condition to receive medical marijuana. Voters in Montana first approved medical marijuana in 2004 via Initiative 148. The legislature passed a law prohibiting marijuana dispensaries from having more than three registered patients in 2011, although court litigation held up the effective date of this three-patient limit until August 31, 2016.

Michigan Asks to See Some IDs

• The Michigan House of Representatives approved a bill that, if enacted, will alter the state's photo identification requirement for voters. According to the National Conference of State Legislatures, voter identification requirements come in two forms: strict and non-strict. Under strict requirements, a voter who does not possess the required form of identification may be required to cast a provisional ballot. Under non-strict requirements, a voter who does not have the necessary identification may still vote without casting a provisional ballot. Michigan currently enforces a non-strict photo ID requirement, meaning that a voter who does not possess the required identification is still permitted to cast a regular ballot if he or she signs an affidavit attesting to his or her identity. The bill approved by the House (HB 6066) would establish a strict photo ID requirement, meaning that a voter who lacks the required identification would have to vote via provisional ballot. The House approved the bill 57-50. All but five Republicans voted in favor of the bill; all Democrats voted against the bill. State Representative Lisa Lyons (R), who sponsored the bill, said, "This legislation is simple: in order to have your vote count, you have to prove that you are who you say you are. The legislation preserves the integrity of our elections and will deter and detect fraud." State Representative Jeff Irwin (D) voted against the bill, saying, "This is going to cause confusion. There are going to be arguments and long lines are going to get even longer, but I guess that’s the point. If we pass this bill and sign it into law, there will be properly registered voters expecting to vote who will not be able to." HB 6066 will now move to the Michigan State Senate for consideration. As of December 2016, 16 states enforce photo ID requirements for voters; of these, eight are strict requirements, meaning that a voter without the proper identification is generally required to cast a provisional ballot. To learn more about voter identification requirements in the United States, see this article.

It’s Official: Maine and New Hampshire Elected Officials Sworn In

• The newly elected members of the Maine State Legislature were sworn into office on the first day of the new legislative session. All 186 seats of the state legislature were up for election in 2016. Maine is under a divided government. Prior to the November 2016 election, there were 20 states under divided government. Following the election, there will be 19 states under divided government. The state Senate has a partisan balance of 17 Democrats and 18 Republicans. There are 77 Democrats, 72 Republicans, and two independents in the state House.
  • Before swearing in members, Governor Paul LePage (R) urged legislators to alter elements of Question 2, which taxes incomes over $200,000, and Question 4, which increases the state’s minimum wage to $12 by 2020. In November, voters approved Question 2 by a margin of less than 1 percent, and they approved Question 4 by a margin of about 10 percent. LePage argued that the measures would hurt the economy, indicating that he would introduce legislation to phase the minimum wage increase in over a longer period and maintain a lower minimum wage for tipped workers. He also indicated that he would introduce a budget with income tax cuts and spending reductions to counteract the tax on incomes over $200,000. Maine is one of 12 states that allow legislators to repeal or amend initiated state statutes with no restrictions.
• The newly elected members of the New Hampshire General Court were sworn into office. All 424 seats of the state legislature were up for election in 2016. The next legislative session will begin on January 4, 2017. New Hampshire is currently under a divided government, but it will become a Republican trifecta after Governor-elect Chris Sununu (R) is sworn into office in January 2017. Prior to the November 2016 election, there were seven Democratic trifectas and 23 Republican trifectas. Following the election, there will be six Democratic trifectas and 25 Republican trifectas. The state Senate has a partisan balance of 10 Democrats and 14 Republicans. There are 174 Democrats and 226 Republicans in the state House.

Local

Mayors Draft Letter to Trump on Immigration

• A group of mayors signed a letter urging Donald Trump to continue the Deferred Action for Childhood Arrivals (DACA) Program, with the letter delivered in person by Chicago Mayor Rahm Emanuel (D). President-elect Donald Trump has stated that he would abolish DACA. DACA was implemented in June 2012 by then-Secretary of Homeland Security Janet Napolitano and allows individuals who were brought to the United States as children to receive relief from being deported for a period of time if they meet certain criteria. The criteria include time of residence in the country, education or military service, and criminal convictions. The mayors wrote: “Ensuring DREAMers can continue to live and work in their communities without fear of deportation is the foundation of sound, responsible immigration policy.” Fourteen Democratic mayors across America’s 100 largest cities by population signed the letter.

Dallas In The Red

• The city council of Dallas, Texas, decided it would bring a looming financial crisis to the state legislature for help. The city faces problems on two fronts: an underfunded pension system for police and firefighters and lawsuits over backpay for those groups. To fully fund the pension system would cost roughly $1 billion, while the backpay lawsuits could cost the city up to $4 billion. City officials said that if the city had to deal with those deficits of up to $5 billion alone, it would delay investment in infrastructure or other services for decades. Additionally, property taxes could rise by hundreds of dollars annually for the average homeowner in the city. Any change in the pension system would need to be approved by the legislature because state law governs the pension system. Dallas is the ninth-largest city in the United States by population and the third-largest in Texas.

A CEO surcharge

• The city council of Portland, Oregon, voted to adopt a surcharge on companies whose CEOs make significantly more money than their average employee. The surcharge would be added to the city’s business tax. Companies whose CEOs make 100 times more than their median employees would be taxed an additional 10 percent, while companies whose CEOs make 250 times would see their taxes rise 25 percent. City officials said this would be the first such tax in the nation linked to chief executive pay. Portland is the 29th-largest city in the United States by population and the largest in Oregon.

Public Funds for Portland Politics

• In Portland, Oregon, the city council voted 3-1 to use public money to match public funds raised for political campaigns in the city. The new system will begin in 2019 to allow for candidates to use funds for the 2020 election cycle. To qualify, a candidate must raise no more than $20,000 during the primary election and $20,000 during the general election, with a $250 limit on individual contributions. The new system is estimated to cost the city $2.4 million per election cycle.

Preview of the day

The excerpts below were compiled from issue #44 of The Tap, which was published on December 3, 2016. READ THE FULL VERSION HERE.

Federal

• The U.S. Supreme Court will hear arguments in Czyzewski v. Jevic Holding Corp. After Jevic Holding Corporation entered Chapter 11 bankruptcy, a settlement was reached between Jevic's first-priority secured creditors and a committee assigned to represent Jevic's unsecured creditors. One other group of potential claimants however, Jevic's drivers, was omitted from the settlement despite the fact that the drivers had higher-priority claims under §507 of the U.S. Bankruptcy Code. The bankruptcy court, citing the "dire circumstances" in the bankruptcy, approved the settlement, which was affirmed by a federal district court and the Third Circuit Court of Appeals, though the circuit panel did File:Czyzewski v. Jevic Holding Group Third circuit opinion.pdf, “It is a close call.” The drivers are challenging the holding that the Bankruptcy Code permits a bankruptcy court to authorize distribution of settlement proceeds in a manner that violates the code's priority scheme.

State

• The newly elected members of the Maine State Legislature will be sworn into office on the first day of the new legislative session. All 186 seats of the state legislature were up for election in 2016. Maine is under a divided government. Prior to the November 2016 election, there were 20 states under divided government. Following the election, there are 19 states under divided government.
• The newly elected members of the New Hampshire General Court were sworn into office. All 424 seats of the state legislature were up for election in 2016. The next legislative session will begin on January 4, 2017. New Hampshire is a currently under a divided government, but will become a Republican trifecta after Governor-elect Chris Sununu (R) is sworn into office in January 2017. Prior to the November 2016 election, there were 23 Republican trifectas. Following the election, there are 25 Republican trifectas.

Local

• FILING DEADLINE: Deadline for candidates in Los Angeles, California, to file to run for the mayor’s seat, eight positions on the city council, city controller, and city attorney. A primary election will take place on March 3, 2017, and any candidate can win outright by winning a majority of votes. In races where someone does not win a majority, a general election will take place on May 16, 2017. Los Angeles is the second-largest city in the United States by population and the largest in California.
• FILING DEADLINE: Deadline for candidates to file to run for three seats on the Los Angeles Unified School District Board of Education. A primary election will be held on March 3, 2017, with a general election scheduled for May 16, 2017. Similar to the city elections held at the same time, a candidate can win the primary election outright by getting a majority of votes. The school district served 653,826 K-12 students during the 2013-2014 school year, which made it the second-largest school district in the United States.