The Tap: Monday, June 27, 2016

   ← Jun 26

Jun 28 →   

---

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 #23 of The Tap, which was published on July 2, 2016. READ THE FULL VERSION HERE.

Federal

• In their first campaign event together, Hillary Clinton and Sen. Elizabeth Warren (D-Mass.) joined forces to criticize Donald Trump in Cincinnati, Ohio. Clinton said, “Trump suits were made in Mexico. Trump furniture is made in Turkey, instead of Cleveland. Trump barware is made in Slovenia, instead of Toledo.” Warren added, “Donald Trump says he’ll make America great again. I ask, for who exactly? For families that don’t fly to Scotland to play golf?” According to The New York Times, appearing with Clinton “was a moment for her [Warren] to elevate her profile as the liberal voice of the party and a favorite to be vice president. For Mrs. Clinton, it was a chance to woo the party’s liberal wing and convince economically hard-hit voters that she, too, is a populist champion running for president to improve their lives.”

• Although Donald Trump previously called “for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on” after the December 2015 shootings in San Bernardino, California, carried out by two individuals who “expressed allegiance to ISIS leader Abu Bakr al-Baghdadi,” Trump spokeswoman Hope Hicks “said he no longer supports his original ban and only wants to limit immigration from countries with extremist elements,” The Associated Press reported.

• The Democratic members of the House Select Committee on Benghazi released their version of the investigation into the September 11, 2012, terrorist attack in Benghazi, Libya, that killed Ambassador Christopher Stevens, IT expert Sean Smith, and former U.S. Navy SEALs Glen Doherty and Tyrone Woods. The report concludes that there was nothing that the Obama administration could have done to prevent the attack or save the Americans who were killed. In addition, “[t]he report concludes that State Department security measures in Benghazi were ‘woefully inadequate’ but that Clinton never personally denied any requests for additional security in Benghazi. It denies the intelligence community was influenced by politics in its response to the attacks and that its evolving explanations on its causes were the result of evolving information in fast changing circumstances, not meddling by administration officials.”

• The Foundation for Accountability and Civic Trust (FACT), “a conservative-leaning ethics watchdog group,” filed a complaint with the House Office of Congressional Ethics against Reps. Jared Huffman (D-Calif.) and Ben Ray Lujan (D-N.M.) for sending fundraising emails during last week’s sit-in staged by Democrats who were demanding votes on gun control legislation. The House ethics manual states: "The House buildings, and House rooms and offices – including district offices – are supported with official funds and hence are considered official resources. Accordingly, as a general rule, they may not be used for the conduct of campaign or political activities. Thus, for example, a Member may not film a campaign commercial or have campaign photos taken in a congressional office." Huffman and Lujan “sent campaign emails during the sit-in featuring images of them engaged in the protest on the House floor. Lujan's appeal specifically requested a donation; Huffman provided a link to a signup for his campaign website.” Rep. Jan Schkowsky (D-Ill.) also violated House rules by sending a fundraising email during the sit-in, but she is not named in the FACT complaint. FACT also argues that Democrats violated House rules by fundraising off of a specific legislative act. Drew Hammill, a spokesman for House Minority Leader Nancy Pelosi (D-Calif.), called the complaint "ridiculous and without merit."

• On a recorded 90-0 vote, the U.S. Senate confirmed Robert F. Rossiter, Jr., as a federal judge to the U.S. District Court for the District of Nebraska. The confirmation filled the only remaining vacancy on this court.
  • • For more information, read Ballotpedia’s Federal Vacancy Warning System

• The U.S. Supreme Court issued its final opinions for this term in three argued cases:
  • In Voisine v. United States, a six-justice majority of the court affirmed the judgment of the First Circuit in holding that federal law prohibits an individual from possessing a firearm if he or she is convicted of misdemeanor reckless domestic assault. During oral argument in Voisine, Justice Clarence Thomas asked his first question from the bench in 10 years.
  • In Whole Woman’s Health v. Hellerstedt, a five-justice majority reversed the judgment of the Fifth Circuit and sent the case back (remanded) for additional proceedings. The Supreme Court reviewed provisions in Texas law mandating (a) that physicians who perform abortions must have privileges to admit patients at a hospital within 30 miles of a facility in which abortions are performed, and (b) that abortion facilities must meet minimum standards under Texas law parallel to those of an ambulatory surgical center (ASC). Under Texas regulations, “an ASC must provide surgical services as its primary service. ASCs do not provide overnight or inpatient care. Care is provided on an outpatient basis.” The Supreme Court concluded that “neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes. Each places a substantial obstacle in the path of women seeking a previability abortion, each constitutes an undue burden on abortion access, … and each violates the Federal Constitution.”
  • In McDonnell v. United States, a unanimous court reversed a 2015 judgment by the Fourth Circuit Court of Appeals, which had upheld the conviction of former Virginia Governor Bob McDonnell (R) on bribery charges. The Supreme Court elucidated the meaning of what constitutes "official action" by government officials under federal bribery statutes, a term upon which the prosecution had relied heavily during McDonnell’s 2014 trial. The court rejected the current definition, opting for a “more bounded interpretation.” After clarifying the law, the court vacated McDonnell’s conviction and remanded the case back to the Fourth Circuit to address whether there is sufficient evidence to retry McDonnell in light of the Supreme Court's elucidation of the statute.
    • For more information: read Ballotpedia’s end of term review, 2015

State

• The U.S. Supreme Court unanimously vacated the 2014 conviction of former Virginia Governor Bob McDonnell (R) on bribery charges. After losing an appeal to the U.S. Fourth Circuit Court of Appeals in 2015, McDonnell asked the Supreme Court to review the case; they began hearing arguments in April 2016. The court ruled that the jury had been given incorrect instructions regarding what constituted an "official act," a term upon which the prosecution had based much of its case. Chief Justice John Roberts provided in the opinion a more specific definition of an "official act" and remanded the case back to the U.S. Fourth Circuit Court of Appeals to either dismiss or retry the case under the new definition.

• Nevada Supreme Court Justice Nancy Saitta announced that she will retire effective August 8, ahead of her 2019 term expiration. She plans to continue serving as a senior judge who will be available to substitute in Nevada courts for any judge who must be absent or recused. Justice Saitta was first elected to the court in 2006. Gov. Brian Sandoval (R) will appoint a successor from a pool of candidates who have been screened by the Nevada Commission on Judicial Selection. This will be Gov. Sandoval’s first appointment to the high court. Justice Saitta’s appointed successor will have to stand in the next judicial election following appointment to remain on the bench for the remainder of Saitta’s term. Nevada judicial elections are nonpartisan. Two incumbent justices on the court are up for re-election on November 8: Justice James Hardesty and Justice Ron Parraguirre. Both are running unopposed.

• The Pennsylvania State Senate unanimously confirmed Democratic Gov. Tom Wolf’s six nominees to the state’s three highest courts. Superior Court Judge Sallie Mundy (R) was confirmed to a seat on the Pennsylvania Supreme Court. Attorneys Carl Solano and Geoffrey Moulton and Judge Lillian Ransom were confirmed to seats on the Pennsylvania Superior Court, one of Pennsylvania’s two intermediate appellate courts. Julia Hearthway, former Pennsylvania secretary of labor and industry, and attorney Joseph Cosgrove were confirmed to the Pennsylvania Commonwealth Court, the other Pennsylvania intermediate appellate court. All six will be sworn in later in the year. Mundy will succeed Justice Michael Eakin, who resigned from the bench in March in advance of his scheduled trial before the Pennsylvania Court of Judicial Discipline over inappropriate emails. Wolf’s spokesman called the nomination of Mundy “a priority” for the Republican-controlled state Senate, but there is also an administrative tradition that appointments will preserve the then-current political balance of the court until the next election. The political balance of the state supreme court will continue with a 5-2 Democratic majority after Mundy’s elevation. All six appointees will serve through 2017, until the winners of the 2017 election take the bench in January 2018. Although there is a Pennsylvania judicial tradition that interim appointees do not run in the following election in order to remain on the bench, Gov. Wolf stated his expectation that Mundy could run for a full term if she so desires.

• The California Proposition 54 was certified for the November ballot. The measure would prohibit the state legislature from passing any bill until it has been printed and published on the internet for 72 hours before the vote. The secretary of state verified 676,066 of the more than 1,000,000 signatures submitted by supporters, roughly 90,000 more than the 585,407 signatures required to qualify the measure for the ballot.

• Kansas Governor Sam Brownback (R) signed legislation sending $38 million to poorer school districts in the state for the 2016-2017 school year. The legislation, which came out of a special session of the state legislature, diverts some of the funds from other areas of the budget and redistributes the rest from wealthier districts. The Kansas Supreme Court had given state lawmakers until June 30 to devise a new school funding plan or face a court-ordered shutdown of the state’s public schools. The court approved the new plan signed by Brownback on June 28. This resolved the school funding standoff that would have closed schools if lawmakers had not passed a new plan before the court’s deadline.

• Utah Commissioner of Labor Sherrie Hayashi resigned in order to assume a position as director of the University of Utah's Office of Equal Opportunity. Originally appointed by Governor Jon Huntsman (R) in 2006, Hayashi was re-appointed by Governor Gary Herbert (R) when he assumed office in 2009. Herbert named Deputy Commissioner of Labor Jaceson Maughan as the interim officeholder until a permanent replacement is found.

Local

• Los Angeles charter school founder Steve Barr filed to run for mayor of Los Angeles in 2017. Barr founded Green Dot Charter Schools, a nonprofit group that took over the Los Angeles Unified School District’s Locke High School in 2009. According to the Los Angeles Times, Barr cited a growing public education crisis as his reason for filing in the race, though he has not elaborated on his plan to address this crisis. Many advocates of reform in the Los Angeles Unified School District have argued that charter school expansion would help to improve the school district’s lagging performance. Opponents of charter school expansion worry that it could bankrupt the school district by decreasing student enrollment. Barr worked as an education reformer and activist after an early career with the United Parcel Service. He has not previously held political office. Barr will face Mayor Eric Garcetti (D) in the mayoral race in 2017. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.
• The Oakland City Council voted 7-0 to ban the export of coal from the Port of Oakland. The coal ban ordinance was co-sponsored by Oakland Mayor Libby Schaaf (D) and would prohibit the storage and handling of coal in the city. Proponents of the ban cited the potential hazards of coal such as serious complications with asthma, increased mortality rates, and increased hospitalization rates for residents. Opponents of the ban argued that the coal industry could bring a significant number of jobs to Oakland. Opponents also argued that the city has an obligation to fulfill its contract with the developer of a bulk and oversized rail terminal at the Port of Oakland that would handle the storage and transportation of the coal. Oakland is the eighth-largest city in California and the 45th-largest city in the U.S. by population.
• Airbnb sued San Francisco after its board of supervisors approved legislation earlier in June that restricts commercial postings from short-term housing rental websites and imposes fines for violating the law. In 2015, San Francisco passed the “Airbnb law” with the support of Airbnb. The law capped short-term rentals and required hosts to register with the city. It has been estimated that only 20 percent of roughly 7,000 hosts have registered since the law was passed, and the board alleges that Airbnb has failed to remove lawbreakers. The San Francisco Board of Supervisors designed the new penalties to make Airbnb accountable for any illegal listings. In the lawsuit, Airbnb claims that the board violated the Communications Decency Act by imposing the new penalties. Under this act, the government cannot hold websites accountable for content published by website users, and Airbnb’s suit argues that the company cannot be held accountable for illegal rental listings advertised in its name. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.
  • June 22, 2016: Chicago Mayor Rahm Emanuel's (D) proposal to regulate the city’s housing rental industries was approved by the city council, impacting popular online businesses such as Airbnb and VRBO. The new rules on housing rentals, which passed 43-7, allow residents in single-family home zoning areas the power to petition for or against home rental restrictions, but they did not address areas zoned for condos or rentals. The ordinance set a variety of caps on housing rentals in different kinds of buildings and areas in a manner that the Chicago Tribune referred to as “dizzyingly complex.” The ordinance requires Airbnb to purchase a $10,000 license to operate in the city, enacts a 4 percent tax per rental for homeless services, and sets a $60 fee per city address listed on the website. Airbnb senior adviser and former Chicago Alderman Will Burns voiced his support for the regulations and stated, "The City of Big Shoulders is giving a big welcome to home sharing."
  • June 17, 2016, New York lawmakers also passed legislation that would levy fines of up to $7,500 on individuals using Airbnb to rent an entire apartment for fewer than 30 days. Bipartisan lawmakers, housing advocates, and unions supported the move, which has not yet been signed into law by Gov. Andrew Cuomo (D). New York City is the largest housing market for Airbnb, according to The New York Times. A 2016 study estimated that 55 percent of rentals in the city violated a law passed in 2010 that made it illegal to rent an entire apartment or home for fewer than 30 days. In 2015, Airbnb began to pay hotel taxes in an effort to better cooperate with host cities, but the regulation requires that Airbnb hosts, rather than Airbnb itself, pay these taxes. The millions of dollars in hotel taxes paid to New York City have not ameliorated the relationship between New York and Airbnb, and New York lawmakers said they would work with Airbnb only after all illegal postings are removed from the company’s website.
  • June 13, 2016: The Denver City Council passed a pair of regulations targeting the short-term housing rental industry. 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.
  • June 7, 2016: The San Francisco Board of Supervisors unanimously 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. Because the legislation passed the board unanimously, the law was protected from a threatened veto by Mayor Ed Lee (D). Instead, Lee let the law pass without signing it. The new penalties will take full effect on July 27, 2016.
  • 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.

Preview of the day

The excerpts below were compiled from issue #22 of The Tap, which was published on June 25, 2016. READ THE FULL VERSION HERE.

Federal

• The U.S. Supreme Court will hold a final non-argument session for the current term on Monday. The court is expected to issue orders in advance of the session and to announce its remaining opinions in three cases: Whole Woman’s Health v. Hellerstedt, Voisine v. United States, and McDonnell v. United States. The court will then stand in recess until Monday, October 3, for the start of a new term.