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Welcome to The Federal Tap
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June 19, 2021
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Our weekly summary of federal news highlights the establishment of Juneteenth as a federal holiday and this week’s rulings issued by the Supreme Court, including one regarding the Affordable Care Act. Read all about it in this week’s edition of the Federal Tap: |
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BALLOTPEDIA |
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President Biden signs legislation making Juneteenth a federal holiday
President Joe Biden (D) signed legislation on June 17 making June 19 a federal holiday called Juneteenth National Independence Day. Juneteenth.com describes the day as “the oldest nationally celebrated commemoration of the ending of slavery in the United States.”
Biden said, "This is a day of profound weight and profound power, a day in which we remember the moral stain, the terrible toll that slavery took on the country and continues to take.”
The U.S. Senate unanimously passed the bill on June 15. The House approved the legislation the next day, 415-14. All 14 members who opposed the bill were Republicans.
Forty-nine states and the District of Columbia recognized Juneteenth as either an official holiday or a day of historical importance. Texas, where the holiday originated, was the first state to pass legislation recognizing Juneteenth in 1980.
U.S. Supreme Court issues five rulings, rules plaintiffs lack standing to challenge certain provisions of the Affordable Care Act
The U.S. Supreme Court issued rulings in six cases this week. Two cases were decided in one consolidated opinion.
Monday, June 14
Greer v. United States and United States v. Gary were decided in one consolidated opinion as both cases concerned plain-error review of felon-in-possession cases in light of SCOTUS’ ruling in Rehaif v. United States (2019), though the cases were argued separately. The court held that a Rehaif error is not a basis for plain-error relief unless the defendant first sufficiently argues or represents on appeal that they would have presented evidence at trial that they did not know that they were a felon. In Greer, the court unanimously upheld the lower court’s ruling while in Gary, the court reversed the lower court’s judgment in an 8-1 vote. Justice Brett Kavanaugh delivered the majority opinions in both cases.
In Terry v. United States, a case concerning covered offenses under the First Step Act of 2018, SCOTUS affirmed the lower court’s ruling in a unanimous opinion, holding that the First Step Act does not apply to crack cocaine offenders whose offense did not trigger a mandatory minimum sentence. Justice Clarence Thomas authored the court’s majority opinion.
Thursday, June 17
California v. Texas (Consolidated with Texas v. California) concerned the Patient Protection and Affordable Care Act (ACA). In a 7-2 opinion, the court held that the plaintiffs did not have standing to challenge the ACA's minimum essential coverage provision because they had not shown past or future injury fairly traceable to the defendants' conduct enforcing the provision. The lower court’s judgment was reversed and the case was remanded for further proceedings. Justice Stephen Breyer delivered the majority opinion.
In Nestlé USA v. Doe I (Consolidated with Cargill v. Doe I), concerning the Alien Tort Statute (ATS), the court held that in order to plead facts supporting a domestic application of the ATS, plaintiffs must allege more domestic conduct than general corporate activity. The lower court’s judgment was reversed and the case was remanded for further proceedings. Justice Clarence Thomas announced the judgment of the court.
In Fulton v. City of Philadelphia, Pennsylvania, the court ruled unanimously that in refusing to contract with Catholic Social Services as a foster care service provider unless the agency agreed to certify same-sex couples as foster parents, the City of Philadelphia violated the First Amendment’s Free Exercise Clause. The lower court’s judgment was reversed and the case was remanded for further proceedings. Chief Justice John Roberts authored the court’s majority opinion.
The court has issued 49 opinions this term. Seven cases were decided without argument. Fifteen cases that were argued this term have not yet been decided.
Biden holds summit with Russian President Vladimir Putin
President Joe Biden (D) held a summit with Russian President Vladimir Putin in Switzerland on June 16. This was the first time Biden met with Putin since taking office as president.
The agenda for the meeting included climate change, nuclear stability, arms control, and cybersecurity. Biden and Putin also discussed the imprisonment of Russsian opposition leader Alexei Navalny and Russian-backed separatists in eastern Ukraine. Biden and Putin agreed each country would send an ambassador back to the other’s capital.
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New Mexico’s Melanie Stansbury sworn in to Congress
U.S. Representative Melanie Stansbury (D) was sworn in to represent New Mexico’s 1st Congressional District on June 14. Stansbury won a special election for the seat on June 1, defeating Mark Moores (R), 60% to 36%. The seat became vacant when former Rep. Debra Haaland (D) left office to become secretary of the interior.
At the time of her election to Congress, Stansbury served in the New Mexico House of Representatives, representing District 28. She was first elected to the state House in 2018, defeating incumbent Jimmie Hall (R), 54% to 46%. Before running for office, Stansbury worked for the U.S. Senate Committee on Energy and Natural Resources and the Office of Management and Budget. She has also worked as a science educator with the New Mexico Museum of Natural History and Science.
When a vacancy occurs in the New Mexico House of Representatives, the governor appoints a replacement from a list provided by the board of county commissioners representing the vacant seat. The governor is not required to appoint someone of the same party as the last person who held the seat.
With Stansbury taking office, the partisan breakdown of the U.S. House is 220 Democrats, 211 Republicans, and four vacancies. The partisan balance of the New Mexico House is 44 Democrats, 24 Republicans, one independent, and one vacancy.
Senate confirms two federal judges, Biden nominates six to Article III judgeships
President Joe Biden (D) announced six new federal judicial nominees and the U.S. Senate confirmed two of Biden’s earlier nominees to Article III judgeships.
Nominations
President Biden officially nominated six individuals on June 15 to Article III judgeships with lifetime terms:
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Myrna Pérez, to the United States Court of Appeals for the 2nd Circuit
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Jia Cobb, to the United States District Court for the District of Columbia
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Sarah A.L. Merriam, to the United States District Court for the District of Connecticut
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Sarala Nagala, to the United States District Court for the District of Connecticut
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Florence Pan, to the United States District Court for the District of Columbia
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Omar A. Williams, to the United States District Court for the District of Connecticut
To date, Biden has nominated 24 individuals to federal judgeships. There were 81 Article III vacancies in the federal judiciary as of June 1.
President Biden also nominated two individuals to Washington, D.C., local courts on June 15:
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Tovah Calderon, to the District of Columbia Court of Appeals
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Kenia Seoane Lopez, to the Superior Court of the District of Columbia
Washington, D.C., has two local courts: the superior court—a trial court of general jurisdiction—and a court of appeals. The D.C. courts are Article I courts established by the U.S. Congress. Justices on these courts are nominated by the U.S. president after a recommendation from the District of Columbia Judicial Nomination Commission; they then face confirmation by the U.S. Senate. D.C. judges are appointed to serve 15-year renewable terms.
Confirmations
The U.S. Senate confirmed Ketanji Brown Jackson to the United States Court of Appeals for the District of Columbia Circuit and Lydia Kay Griggsby to the United States District Court for the District of Maryland.
Ketanji Brown Jackson was confirmed on June 14 by a vote of 53-44. Prior to her confirmation, she served as a judge on the United States District Court for the District of Columbia. Lydia Kay Griggsby was confirmed on June 16 by a vote of 59-39. She previously served as a judge on the United States Court of Federal Claims. Both confirmed nominees will join their respective courts after receiving their judicial commissions and taking their oaths of office.
To date, the U.S. Senate has confirmed five of President Biden’s federal judicial nominees.
Ballotpedia’s polling index shows presidential approval at 52%, congressional approval at 19%
Ballotpedia’s polling index showed President Joe Biden (D) at 52% approval and 43% disapproval as of June 17. At this time last month, his approval rating was at 54%.
The highest approval rating Biden has received during his tenure is 55%, last seen on May 26. The lowest approval rating he has received is 51% on March 29.
Congressional approval is at 19% and disapproval is at 62%, according to our index. At this time last month, congressional approval was at 25%.
The highest approval rating the 117th Congress has received is 30%, last seen on May 11. Its current approval rating of 19% is the lowest it has received.
At this time during the tenure of former President Donald Trump (R), presidential approval was at 40% and congressional approval was at 17%. To see more comparisons between Biden and Trump administration polling, click here.
Are Congress and SCOTUS in Session?
Both the House and Senate are in session next week. Click here to see the full calendar for the first session of the 117th Congress.
The Supreme Court will not hear oral arguments next week. To learn about the 2020-2021 term, click here.
Where Was the President Last Week?
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On Monday, Biden participated in the NATO Summit in Brussels, Belgium.
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On Tuesday, Biden participated in the U.S.-EU Summit in Brussels, Belgium. He also held a bilateral meeting with Swiss President Guy Parmelin in Geneva, Switzerland.
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On Wednesday, Biden held a bilateral meeting with Russian President Vladimir Putin in Geneva, Switzerland. He later returned to Washington, D.C.
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On Thursday, Biden remained in Washington, D.C.
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On Friday, Biden left Washington, D.C., for Wilmington, Delaware.
The Federal Judiciary
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82 federal judicial vacancies
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19 pending nominations
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29 future federal judicial vacancies
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