The Tap: Wednesday, January 11, 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 #48 of The Tap, which was published on January 14, 2017. READ THE FULL VERSION HERE.

Federal

David Shulkin Nomination

  • President-elect Trump said at his first press conference since becoming president-elect that he intends to nominate David Shulkin, current undersecretary for health at the Department of Veterans Affairs, to become the next secretary of veterans affairs. Shulkin received his medical degree from the Medical College of Pennsylvania. Shulkin was nominated in March 2015 and approved as undersecretary for health in June, and he was tasked with running the VA’s nationwide hospital system. At the time, the VA was still responding to claims that long wait times for healthcare at VA facilities had been covered up by the department. He has stressed the need for further collaboration between the private sector and the VA health system. In May 2016, he said, “We provide a different model of care, which treats the physical along with the psychological, the social, and the economic aspects of health, all of which contribute to the well-being of the patient. … It's become clear that the VA alone can't meet all of the health-care needs of veterans. We have to work more closely with the private sector.” In June 2016, Shulkin commented on some of the modifications he had helped install in the VA’s healthcare system. He said that they had focused on analytics to help better understand which patients needed urgent care, instituting telehealth services for veterans in more remote areas, and a greater emphasis on leadership training for VA employees. Read more here.

Rex Tillerson Confirmation Hearing

  • Rex Tillerson, President-elect Trump’s pick for secretary of state and the former chairman and CEO of ExxonMobil, appeared before the Senate Committee on Foreign Relations for his confirmation hearing. That committee has 21 members, with 11 Republicans and 10 Democrats. One of the members—Sen. Marco Rubio (R-Florida)—would not publicly commit to voting in favor of Tillerson after the hearing. We wrote about Tillerson’s policy stances back in November in our daily briefing on the Trump White House transition. Tillerson has voiced support for international trade deals and policies such as a carbon tax. Also, in 2014, he opposed sanctions against Russia, with whose president, Vladimir Putin, Tillerson reportedly has a close relationship. His stance on Russia was a frequent topic of discussion in the Senate hearing. Other discussion points included climate change, Trump’s proposal for a temporary ban on Muslims from entering the country, U.S. relations with Cuba, cybersecurity, and international trade. Read more here.

Elaine Chao Confirmation Hearing

  • Elaine Chao appeared before the Senate Committee on Commerce, Science, and Transportation. Chao served as the secretary of the Labor Department under George W. Bush and as deputy secretary of transportation under George H. W. Bush. She is the spouse of Senate Majority Leader Mitch McConnell (R-Kentucky). As we wrote back in November, Chao, if confirmed, will likely play a role in overseeing and shepherding through Congress a $1 trillion infrastructure plan that Trump has stated he plans to make a priority of his administration. Two key discussion points in the hearing included how to fund infrastructure projects and the possible privatization of air traffic control operations at U.S. airports. Read more here.

James Mattis Confirmation Hearing

  • Trump’s nominee for secretary of defense, retired Gen. James Mattis, appeared before the Senate Committee on Armed Services. Mattis’ military career spans more than four decades. He retired in 2013 and is currently a fellow at the Hoover Institution, a public policy think tank in California. His nomination conflicts with federal law passed in 1947, which requires secretaries of defense to have been out of uniform for seven years before holding the office. Congress, however, granted Mattis a waiver, allowing his confirmation to move forward in the Senate. The Armed Services Committee approved the waiver in a 24-3 vote after the hearing; the three no votes were from Kirsten Gillibrand (D-N.Y.), Elizabeth Warren (D-Mass.), and Richard Blumenthal (D-Conn.). The Senate later approved the waiver 81 to 17, and the House Armed Services Committee passed it 34-28, largely along party lines. On Friday, the House as a whole passed it 268-151.
  • In December, we wrote in detail about Mattis’ policy views, which appear to conflict with Trump’s stances on issues such as U.S.-Russian relations, the Iran nuclear deal, and enhanced interrogation techniques. In the hearing, he touched on issues such as military spending, Russian foreign policy, women in the military, the Iran nuclear deal, LGBTQ service members, and civilian control of the military. Read more about Mattis’ hearing here.
  • The Armed Services Committee has 14 Republicans and 13 Democrats. Sen. John McCain (R-Ariz.) chairs the committee, while Sen. Jack Reed (R.I.) is the highest ranking Democrat.

SCOTUS Watch

  • The Supreme Court heard arguments in Endrew F. v. Douglas County School District. Endrew F., a minor with autism and attention deficit/hyperactivity disorder (ADHD), attended schools in the Douglas County School District from preschool through fourth grade. After moving Endrew to a private school, the parents sought reimbursement for tuition and related expenses under the Individuals with Disabilities Education Act (IDEA), which permits court-ordered reimbursement if a school district violates the requirement for a free appropriate public education (FAPE) under the IDEA. Here, a federal district court and the Tenth Circuit Court of Appeals held that the district provided Endrew with a FAPE, and, as such, Endrew's parents were not entitled to tuition reimbursement and related expenses for private school.

The President-Elect’s First Press Conference

  • In a press conference, President-elect Donald Trump announced that his nominee to succeed the late Justice Antonin Scalia would come within the first two weeks of his inauguration. Trump confirmed that he had met with some of the candidates from his previously announced list of potential nominees and indicated that the candidates were all outstanding.
    • For more: read Ballotpedia’s report on the Trump administration on federal courts

Obama’s Farewell Address

  • President Barack Obama delivered his farewell address to a crowd of more than 20,000 supporters in Chicago, Illinois, urging them to stand up for their values and protect democracy. He said, "Democracy can buckle when we give in to fear. So just as we, as citizens, must remain vigilant against external aggression, we must guard against a weakening of the values that make us who we are." He also listed his accomplishments as president, including healthcare reform, marriage equality, and job growth. President George Washington began the tradition of delivering a farewell speech in 1796, when he “issued warnings against unchecked power and partisan entrenchment.”

State

Maryland Representative Resigns

  • Maryland Del. Michael Vaughn (D-24) withdrew from his position in the state House before the beginning of the 2017 legislative session. In a letter announcing his resignation, Vaughn said he was dealing with unspecified health issues. Vaughn’s departure now leaves two vacancies in the 141-member chamber following Jill Carter’s (D-41) resignation the previous week. Members of his party speculated that Vaughn may have resigned over an ongoing corruption and bribery probe, noting that descriptions in court filings match the former delegate’s legislative record. Others said they were unaware that Vaughn had any health issues. Vaughn, however, did not respond to the speculation. With his resignation, Democrats now control the chamber 89-50. Maryland is one of the 19 states currently under divided government.
  • Louisiana State Sen. Troy Brown (D) pleaded no contest to a misdemeanor charge of domestic abuse battery. The charges stemmed from an altercation in July where Brown allegedly bit his wife while fighting over a cell phone. In September 2016, Brown pleaded no contest to a separate charge of domestic abuse battery after he admitted to punching his girlfriend at a football party. Brown was fined $300, sentenced to 30 days in jail, ordered to complete 64 hours of community service, and put on probation for three months. Brown was given credit for time served, eliminating all but 38 hours of his prison sentence. Republicans currently hold a 25-19 majority in the state Senate. Louisiana is one of 19 states currently under divided government.

Six States Began Their Sessions

  • State legislative sessions began in Colorado, Illinois, Maryland, Michigan, North Carolina, and Virginia. Of those six states, only Michigan is a trifecta, having a Republican governor and Republican-controlled state legislature. The other five states are all currently under divided government. In total, 923 legislators went back to work in those six states. That number represents 12.5 percent of the 7,383 state legislators across the country. All told, by this point, 79.8 percent of legislators are in session and back to work for 2017.

Local

Detroit’s New School Board

  • The new school board for the Detroit Public Schools Community District was sworn in, marking the first time that the district’s school board has held authority since 2009. The district came under the control of an emergency manager in March 2009 due to its $305 million in lingering debt at that time. The district’s debt had grown to $467 million by June 2016. Iris Taylor, who was elected to serve as the new board’s president, stated, “Our job is to continually demonstrate that we are worth trusting and that we are accountable, we’re transparent, we have integrity, we are responsible and that we are committed to the goals to facilitate excellence.” The Detroit Public Schools Community District is the largest school district in Michigan and had 49,043 students enrolled during the 2013-2014 school year.
    • On July 1, 2016, a state law divided Detroit Public Schools (DPS) into two districts: DPS and the Detroit Public Schools Community District. DPS remains as a legal entity to pay down more than $400 million in debt. The Detroit Public Schools Community District manages day-to-day operations for public schools in conjunction with the state-appointed Detroit Financial Review Commission. The district received $617 million in state aid as a part of the law, as well.
    • Detroit's school board election on November 8, 2016, also represented a turning point in the board's composition. The board had previously had 11 members, but its size dropped to seven members as a result of the election. Only one of the seven people elected to the new board, LaMar Lemmons, was a member of the former Detroit Public Schools Board of Trustees. The district's 63 candidates and nine candidates per seat up for election in 2016 far exceeded the typical number of candidates for a school board election in the United States. Ballotpedia reported that an average of 1.89 candidates ran per seat in districts across the country in 2014 and 1.72 candidates ran per seat in 2015.

Additional Officers for Minneapolis

  • The Minneapolis City Council voted to add $1.3 million to its $1.3 billion budget for 2017 in order to hire 15 additional police officers for the Minneapolis Police Department. Three of the new officers will be designated for a pilot program involving responses to mental health calls, and the other 12 new officers will fill community patrol positions. The city police union’s president, Bob Kroll, applauded the increase but called for additional hiring. He told the Minnesota Daily that the city would now have 877 police officers, saying that it had 940 in the last decade. Abdi Warsame, who represents Ward 6 of the Minneapolis City Council, announced his support for the funding increase and stated, “The perception of crime and lack of safety has been an ongoing issue that we have been grappling with.” Minneapolis is the largest city in Minnesota and the 46th-largest city in the U.S. by population.

Preview of the day

The excerpts below were compiled from issue #47 of The Tap, which was published on January 7, 2017. READ THE FULL VERSION HERE.

Federal

You’re Hired

  • Four of Trump’s cabinet nominees and his pick to head the CIA begin their confirmation hearings on January 11. In these hearings, the committees usually ask the nominees about their policy stances and scrutinize their background. Before the hearings take place, the committees often request that the nominees respond to questionnaires and submit information about their personal finances. If the committee chooses to take action on the nominee’s status, it can report the nomination favorably, unfavorably, or without recommendation. This report is then put on the executive calendar for consideration on the Senate floor, where a majority vote is required to confirm a nominee. Read more about the confirmation process here.
Nominee: Rex Tillerson
Committee: Foreign Relations
Nominee: Elaine Chao
Committee: Commerce, Science, and Transportation
Nominee: Betsy DeVos
Committee: Health, Education, Labor, and Pensions
Nominee: John Kelly
Committee: Homeland Security and Governmental Affairs
Nominee: Mike Pompeo
Committee: Intelligence

Topic TBD

  • Trump will hold a press conference in New York. It will be his first press conference since July 27, 2016.

SCOTUS Watch

  • The U.S. Supreme Court will hear arguments in Endrew F. v. Douglas County School District. Endrew F. is a minor with autism and attention deficit/hyperactivity disorder (ADHD). These conditions affect his learning and social abilities. From preschool through fourth grade, Endrew attended schools in the Douglas County School District, where he received special education services, including an individualized education plan (IEP) that was designed to accommodate his needs. After his fourth grade year, Endrew's parents rejected the IEP proposed by the district for his fifth grade year and placed him in a private school. The parents sought reimbursement for tuition and related expenses under the Individuals with Disabilities Act (IDEA), which permits court-ordered reimbursement if a school district violates the requirement for a free appropriate public education (FAPE) under the IDEA. Here, a federal district court and the Tenth Circuit Court of Appeals held that the district provided Endrew with a FAPE and, as such, Endrew's parents are not entitled for tuition reimbursement and related expenses for private school.

State

Six States Begin Their Sessions

  • State legislative sessions are scheduled to begin in Colorado, Illinois, Maryland, Michigan, North Carolina, and Virginia. Of those six states, only Michigan is a trifecta, having a Republican governor and Republican-controlled state legislature. The other five states are all currently under divided government. In total, 923 legislators will be back to work in those six states. That number represents 12.5 percent of the 7,383 state legislators across the country. All told, by this point, 79.8 percent of legislators will be in session and back to work for 2017.