Ohio to hold limited in-person voting for presidential, congressional primaries
Ohio is holding a statewide primary on April 28. The primary was originally scheduled for March 17, but the state health director ordered the polls to be closed due to the coronavirus pandemic. Ohio Governor Mike DeWine (R) signed HB 197 into law on March 27, which extended absentee voting in the state’s primary to April 27 and set the date for in-person voting as April 28. Under the new law, in-person voting is limited to individuals with disabilities and those without home mailing addresses.
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Former Vice President Joe Biden appears on the Democratic primary ballot, along with 10 other presidential candidates who have suspended their campaigns. President Donald Trump is the only presidential candidate on the Republican primary ballot.
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All 16 of Ohio’s U.S. House seats are on the ballot. All 16 incumbents—four Democrats and 12 Republicans—are running for re-election. Six of those incumbents—two Democrats and four Republicans—face no opposition in the primary. The other 10 incumbents each face between one and three primary opponents.
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The U.S. House of Representatives has 232 Democrats, 196 Republicans, one Independent, and six vacancies. All 435 seats are up for election. Political parties must win 218 seats in order to hold a majority in the chamber.
President Trump signs $484 billion coronavirus aid legislation
President Donald Trump (R) signed a $484 billion coronavirus aid bill that included $130 billion for the Paycheck Protection Plan, $75 billion for hospitals, $25 billion for coronavirus testing, and $60 billion for emergency disaster loans and grants. The U.S. Senate passed the measure by voice vote on April 21. The U.S. House voted 388-5-1 to pass the legislation on April 23.
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Four Republicans—Andy Biggs (Ariz.), Ken Buck (Colo.), Jody Hice (Ga.), and Thomas Massie (Ky.)—voted in opposition to the bill, citing concerns about its effect on the federal deficit. Alexandria Ocasio-Cortez (D-N.Y.) was the only Democrat to vote against the bill, arguing that it did not go far enough to stop small business loans from going to large companies. Independent Justin Amash (Mich.) voted present.
Supreme Court issues rulings on unanimous jury verdicts, judicial review of agency decisions, and the Clean Water Act
The U.S. Supreme Court issued decisions in six cases this week—three cases on April 20 and three on April 23—granted review during its October 2019 term:
Ramos v. Louisiana
Atlantic Richfield Co. v. Christian
Thryv, Inc. v. Click-To-Call Technologies, LP
Barton v. Barr
County of Maui, Hawaii v. Hawaii Wildlife Fund
Romag Fasteners v. Fossil
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The case: Ramos v. Louisiana originated from the Louisiana 4th Circuit Court of Appeal and was argued on October 7, 2019. It concerned the right to a unanimous verdict in a jury trial.
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The issue: "Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict?"
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The outcome: The court reversed the Louisiana 4th Circuit Court of Appeal's decision in a 6-3 ruling, holding "if the Sixth Amendment’s right to a jury trial requires a unanimous verdict to support a conviction in federal court, it requires no less in state court." In its ruling, the U.S. Supreme Court overruled a 1972 SCOTUS case, Apodaca v. Oregon.
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The case: Atlantic Richfield Co. v. Christian originated from the Montana Supreme Court and was argued on December 3, 2019. It concerned the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980.
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The issues:
"1. Whether a common-law claim for restoration seeking cleanup remedies that conflict with EPA-ordered remedies is a "challenge" to EPA's cleanup jurisdictionally barred by § 113 of CERCLA.
2. Whether a landowner at a Superfund site is a "potentially responsible party" that must seek EPA's approval under CERCLA § 122(e)(6) before engaging in remedial action, even if EPA has never ordered the landowner to pay for a cleanup.
3. Whether CERCLA preempts state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies."
- The outcome: The court affirmed in part and vacated in part the Montana Supreme Court's decision and remanded the case. In a 7-2 ruling, the court held the Montana Supreme Court was wrong to rule that "the landowners were not potentially responsible parties under the Act and thus did not need EPA approval to take remedial action."
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The case: Thryv, Inc. v. Click-To-Call Technologies, LP originated in the Federal Circuit and was argued before the court on December 9, 2019. It concerned judicial review of agency decisions.
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The issue: "Whether 35 U.S.C. § 314(d) permits appeal of the [Patent Trial and Appeal Board]'s decision to institute an inter partes review upon finding that § 315(b)'s time bar did not apply."
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The outcome: The court vacated and remanded the Federal Circuit's decision in a 7-2 ruling. The court held that the Leahy-Smith America Invents Act (AIA) prevents courts from reviewing certain agency processes related to patents. It held that courts may not review the interpretation of a law governing time limits for certain patent reviews made by the U.S. Patent and Trade Office.
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The case: Barton v. Barr originated from the 11th Circuit and was argued on November 4, 2019.
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The issue: "Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be "render[ed] ... inadmissible" for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(l)."
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The outcome: The court affirmed the decision of the 11th Circuit in a 5-4 ruling, holding that for purposes of cancellation-of-removal eligibility, a §1182(a)(2) offense committed during the initial seven years of residence does not need to be one of the offenses of removal.
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The case: County of Maui, Hawaii v. Hawaii Wildlife Fund originated from the 9th Circuit and was argued on November 6, 2019. It concerned the Clean Water Act (CWA).
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The issue: "Whether the CWA requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater."
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The outcome: The court vacated and remanded the 9th Circuit's decision in a 6-3 ruling. The court held "a permit is required when there is a discharge from a point source directly into navigable waters or when there is the functional equivalent of a direct discharge." In the majority opinion, Justice Stephen Breyer wrote that the 9th Circuit's holding was too broad, while the petitioner's argument was too narrow.
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The case: Romag Fasteners v. Fossil originated in the Federal Circuit and was argued on January 14, 2020. It concerned federal trademark law.
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The issue: "Whether, under section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer's profits for a violation of section 43(a), id. § 1125(a)."
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The outcome: The court vacated and remanded the decision of the Federal Circuit in a 9-0 ruling, holding that a plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a pre-condition to a profits award.
Federal judge modifies candidate filing procedures for Michigan’s primary election
Judge Terrence Berg, of the United States District Court for the Eastern District of Michigan, issued an order reducing the petition signature requirements for select Michigan primary candidates to 50 percent of the original number required. Berg also extended the filing deadline from April 21 to May 8 and directed election officials to develop procedures allowing for the collection and submission of electronic petition signatures.
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Berg's ruling applied only to candidates who must file using petition signatures. This includes candidates for the United States Senate and the United States House of Representatives. The ruling does not apply to those who can pay a filing fee in lieu of submitting petition signatures.
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To date, 12 states have made temporary modifications to their candidate filing procedures in response to the COVID-19 outbreak.
In-person voting to take place in special election for Maryland's 7th Congressional District
Kim Klacik (R) and Kweisi Mfume (D) are running in the special election in Maryland’s 7th Congressional District. The former incumbent, Rep. Elijah Cummings (D), died in October 2019. Major independent observers rate the election as solid Democratic or safe Democratic.
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The Maryland Board of Elections authorized officials to send mail-in ballots to all voters. Although election officials encouraged voters to cast their ballots by mail, there will be three in-person voting centers open for anyone unable to cast a mail ballot (such as residents without mailing addresses or voters requiring special assistance at the polls).
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Special elections to Congress occur when a member resigns, dies, or is removed from office. State laws governing vacancies determine when special elections are held. This is the fourth special election held during the 116th U.S. Congress—the current meeting of the Senate and House of Representatives. Three such elections were held in 2019 and five are currently scheduled throughout the remainder of this year.
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Voters decided 136 congressional special elections between 1985 and 2012—19 in the Senate and 117 in the House of Representatives. In those elections, nine seats changed partisan hands, with Republicans gaining six seats and Democrats gaining three.
Biden wins Wyoming Democratic presidential caucuses
Former Vice President Joe Biden won the Wyoming Democratic presidential caucuses with 72% of the vote, the state party announced. In-person caucus events were canceled in response to the coronavirus outbreak, and the Democratic Party encouraged voters to participate by mail. The deadline for receiving completed ballots was April 17.
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Biden has an estimated 1,305 pledged delegates; 1,979 are necessary to win the nomination. He became the presumptive Democratic presidential nominee on April 8 after Sen. Bernie Sanders suspended his campaign.
U.S. extends travel restrictions with Canada and Mexico
Acting Homeland Security Secretary Chad Wolf announced that the United States would extend travel restrictions with Canada and Mexico for another 30 days. The restrictions limit nonessential travel between the two countries and the U.S., though commerce and trade travel are exempt from the restrictions. The restrictions were initially put in place in March and Wolf said they would be evaluated again after 30 days.
Candidate filing period for congressional races ends in Florida
On April 24, the statewide filing deadline passed to run for congressional office in Florida. Neither of Florida’s two U.S. Senate seats is up for election in 2020. All 27 of Florida’s U.S. House seats are up for election. The incumbents filed for re-election in 26 of those 27 districts, leaving one seat open.
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District 3 Representative Ted Yoho (R), who is currently serving his fourth term in the House, was the only incumbent who did not file for re-election. In December 2019, he announced he would not seek re-election because of his pledge to serve no more than four terms.
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Florida’s primary is scheduled for August 18. The general election is on November 3, 2020.
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Florida’s filing deadline was the 36th to take place in the 2020 election cycle. The next statewide filing deadline is scheduled in Massachusetts on May 5, which is the deadline for candidates to file with local election officials.
Congress is out of session
Neither the House nor Senate will be in session next week. Click here to see the full calendar for the second session of the 116th Congress.
Where was the president last week?
On Monday, Trump had lunch with the Vice President.
On Tuesday, Trump met with Governor of New York Andrew Cuomo.
On Wednesday, Trump had lunch with the Secretary of State and participated in a tree-planting ceremony with the First Lady in honor of Earth Day and Arbor Day.
On Thursday, Trump had no public events scheduled and participated in the daily press briefing with members of the Coronavirus Task Force.
On Friday, Trump received a briefing on the NASA COVID-19 response and participated in a signing ceremony for H.R. 266, Paycheck Protection Program and Health Care Enhancement Act.
Federal Judiciary
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