Welcome to the weekend! We've got this week's top political events lined up below. Don't forget you can read the full version by clicking the button below.

There will be no Federal Tap next Saturday, July 4. Enjoy your weekend! We'll see you again on July 11.

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U.S. Supreme Court issues rulings on SEC disgorgement orders, Suspension Clause 

• The Supreme Court of the United States (SCOTUS) issued decisions in two cases this week, bringing the total of cases decided this term to 47.

• The case: In Liu v. SEC, the Securities and Exchange Commission (SEC) sued business partners Charles Liu and Lisa Wang, alleging they had misappropriated funds and defrauded investors in their EB-5 visa business. The U.S. District Court for the Central District of California ruled in favor of the SEC, finding that Liu and Wang violated the Securities Act of 1933, and imposed civil penalties in addition to a disgorgement order requiring Liu and Wang to surrender to the SEC the millions of dollars they raised from investors. 

• Disgorgement is a "remedy requiring a party who profits from illegal or wrongful acts to give up any profits he or she made as a result of his or her illegal or wrongful conduct."

• The 9th Circuit affirmed the lower court's ruling. Liu and Wang appealed to the U.S. Supreme Court, arguing the SEC lacked the legal authority to ask the district court to impose a disgorgement order.

  • The issue: "Whether the Securities and Exchange Commission may seek and obtain disgorgement from a court as 'equitable relief' for a securities law violation even though this Court has determined that such disgorgement is a penalty." 

  • The outcome: The court vacated and remanded the 9th Circuit's opinion, holding that the SEC has the legal authority to ask for disgorgement orders that do not exceed the net profit gained by the wrongdoer as long as the money goes toward repaying victims of the criminal conduct.

• The case: In DHS v. Thuraissigiam, Vijayakumar Thuraissigiam, a Sri Lankan native, entered the United States without lawful permission by crossing the border with Mexico in 2017. A U.S. Customs and Border Protection officer apprehended Thuraissigiam and the U.S. Department of Homeland Security (DHS) began expedited removal proceedings. An asylum officer and later an immigration judge decided Thuraissigiam did not have a credible fear of persecution in Sri Lanka.

• Thuraissigiam filed a petition for a writ of habeas corpus in the U.S. District Court for the Southern District of California. The district court dismissed the petition for lack of subject matter jurisdiction, ruling the court was not authorized to review claims under 8 U.S.C. § 1252(e). On appeal, the 9th Circuit reversed the district court's ruling. The 9th Circuit held § 1252(e)(2) violated Thuraissigiam's rights under the U.S. Constitution's Suspension Clause, which prohibits the suspension of a habeas corpus writ once it has been issued.

  • The issue: Whether, as applied to Thuraissigiam, "8 U.S.C. § 1252(e)(2) is unconstitutional under the Suspension Clause."

  • The outcome: The court reversed the 9th Circuit's decision in a 7-2 ruling, holding 8 U.S.C. § 1252(e)(2) does not violate the U.S. Constitution's Suspension or Due Process clauses.

Voters decide presidential, congressional primaries

• Kentucky, New York, and Virginia held congressional primaries on June 23, 2020, and Mississippi and North Carolina held primary runoffs. Forty-four congressional seats were on the ballot, including two U.S. Senate seats and 42 U.S. House seats. The general elections for all five states will be held Nov. 3.

• Kentucky held primaries for one U.S. Senate seat and six U.S. House seats.

  • U.S. Senate incumbent Mitch McConnell (R) advanced from his primary. The results of the Democratic primary were still pending as of June 25, 2020.

  • All six incumbents in the U.S. House—one Democrat and five Republicans—ran for re-election and advanced to the general election.

• Brian Flowers defeated Thomas Carey in the Republican primary runoff for Mississippi’s 2nd Congressional District, advancing to the general election. 

• Twenty-three incumbents—19 Democrats and four Republicans—ran for re-election in New York’s primaries for 27 U.S. House seats. Eighteen of them advanced from their primaries, and one was defeated. The other four primaries had results still pending as of June 25, 2020.

• Madison Cawthorn defeated Lynda Bennett in the Republican primary runoff for North Carolina’s 11th Congressional District.

• Virginia held primaries for one U.S. Senate seat and seven U.S. House seats. Four of Virginia’s 11 U.S. House seats—Districts 7, 8, 9, and 10—were not on the ballot because they either held conventions instead of primaries or because their primaries were canceled due to lack of opposition.

  • U.S. Senate incumbent Mark Warner (D) was the only candidate to file in the Democratic primary and advanced to the general election by default. In the Republican primary, Daniel Gade defeated two opponents and advanced to the general election.

  • All ten U.S. House incumbents who ran for re-election—seven Democrats and three Republicans—advanced to the general election.

• Ballotpedia tracked 14 of the June 23 federal primaries as battleground primaries—one for the U.S. Senate and 13 for the U.S. House. Here’s what happened in some of those races:

  • Democratic primary in New York’s 16th Congressional District: Rep. Eliot Engel (D), who was first elected in 1988, appears to have been unseated by challenger Jamaal Bowman. As of 5:00 p.m. on June 25, Bowman led Engel 62% to 35%. However, Engel had not conceded, saying that there were a large number of ballots yet to be counted. New York state law prohibits absentee ballots from being counted until one week after the election.

  • Republican primary runoff in North Carolina’s 11th Congressional District: Madison Cawthorn defeated Lynda Bennett 66% to 34% to win the Republican nomination for White House Chief of Staff Mark Meadows’ former U.S. House seat. Bennett had been endorsed by President Trump (R), Meadows, and Sen. Ted Cruz (R-Texas). Cawthorn’s endorsers included four candidates who were eliminated in the March 3 primary.

  • Republican primary in Kentucky’s 4th Congressional District: Incumbent Thomas Massie defeated attorney Todd McMurtry to win the Republican nomination for a fifth term in the U.S. House. Massie won 88% of the vote to McMurtry’s 12%. Both said they would be the more loyal ally to President Trump and emphasized their differing approaches towards conservatism.

• Former Vice President Joe Biden (D) and President Donald Trump (R)  won their parties’ presidential primaries in Kentucky. Biden also won the Democratic presidential primary in New York; the Republican primary was canceled when only Trump qualified for the ballot.

• Trump crossed the delegate threshold necessary to clinch the Republican nomination in March. He will accept the nomination at the Republican National Convention in Jacksonville, Florida, beginning August 24.

• Biden crossed the Democratic threshold earlier this month after the June 2 presidential primaries. He will speak at the Democratic National Convention in Milwaukee, also in August, although the event will primarily be virtual.

• Heading into the November 2020 general election, the U.S. Senate has 45 Democrats, 53 Republicans, and two independents who caucus with the Democratic Party. Thirty-five of the 100 U.S. Senate seats are up for election, including two seats that are up for special election. A majority in the chamber requires 51 seats. The U.S. House of Representatives has 233 Democrats, 197 Republicans, one Libertarian, and four vacancies. All 435 U.S. House seats are up for election. A majority in the chamber requires 218 seats.

U.S. Senate confirms Trump's 200th judicial nominee

• The U.S. Senate has confirmed 200 of President Trump’s Article III judicial nominees—two Supreme Court justices, 53 appellate court judges, 143 district court judges, and two U.S. Court of International Trade judges—since January 2017.

• The 200th confirmed nominee is Cory Wilson, who the Senate confirmed to the U.S. Court of Appeals for the 5th Circuit. The 5th Circuit is one of the 13 intermediate appellate courts of the United States federal courts. After Wilson receives his judicial commission and takes his judicial oath, the court will have no vacancies, 12 Republican-appointed judges, and five Democrat-appointed judges. Wilson's confirmation fills the only current U.S. Circuit Court vacancy. 

• There are two upcoming Circuit Court vacancies. Andrew Brasher was already confirmed to succeed Judge Ed Carnes on the 11th Circuit, who is expected to assume senior status on June 30. Justin Walker was confirmed to succeed Judge Thomas Griffith on the D.C. Circuit when Griffith retires on September 1. 

Biden outraises Trump $37.0 million to $24.9 million in May

• Joe Biden outraised Donald Trump by an almost three-to-two margin last month, while Trump ended the month with a greater than five-to-four advantage in cash on hand, according to FEC filing reports from June 20. 

• The Biden campaign raised $37.0 million in May, 39% more than the Trump campaign's $24.9 million. Biden's campaign spent 71% more than Trump's ($24.5 million to $11.7 million). 

• As of May 31, the Trump campaign had 27% more cash on hand than the Biden campaign ($108.1 million to $82.4 million). Trump has raised 28.6% more than Biden since the beginning of 2017 ($287.5 million to $215.4 million).

• Biden's campaign raised 15.3% less in May than it did in April ($37.0 million versus $43.7 million), while Trump's raised 47.2% more ($24.9 million versus $16.9 million).

• Trump's $287.5 million in overall fundraising is the third-highest figure for any presidential candidate at this point in the past four cycles. The only candidate to raise more was Barack Obama (D), who had raised $375.4 million in inflation-adjusted dollars at this point in 2008 and $305.4 million at this point in 2012. Trump's cash-on-hand total of $108.1 million is the second-highest in the past four cycles, bested only by Obama's $126.2 million in inflation-adjusted cash on hand at this point in his re-election campaign.

• Biden and Trump's combined $317.9 million in fundraising is the third-highest in the four most recent election cycles. 

Rhode Island’s congressional candidate filing period closes

• The statewide filing deadline to run for U.S. Congress passed in Rhode Island on June 24. One U.S. Senate seat and both of Rhode Island’s U.S. House seats are up for election in 2020.  

• U.S. Sen. Jack Reed (D) filed for re-election to his Class II Senate seat, which he has held since 1996. On the U.S. House side, both incumbents—District 1 Rep. David Cicilline (D) and District 2 Rep. Jim Langevin (D)—filed for re-election. Cicilline was first elected to represent District 1 in 2010, and Langevin was elected to represent District 2 in 2000.

• The primary is scheduled for September 8, and the general election is scheduled for Nov. 3.

• The final two statewide filing deadlines this year are in Delaware and Louisiana on July 14 and July 17, respectively.

Voters in Colorado, Oklahoma, Utah to decide congressional primaries

• The statewide primaries for Colorado, Oklahoma, and Utah will take place June 30. 

• One U.S. Senate seat and seven U.S. House seats are up for election in Colorado. 

  • All eight incumbents are running for re-election in the Democratic and Republican primaries, leaving no open seats. All but one, Rep. Scott Tipton (R-3), are running unopposed.

  • Entering the 2020 election, Colorado has one Democratic U.S. senator, one Republican U.S. senator, and four Democratic and three Republican U.S. representatives.

• One U.S. Senate and five U.S. House seats are up for election in Oklahoma.

  • In Oklahoma, unopposed candidates automatically advance to the general election. The 3rd Congressional District has no primaries on the ballot, the 2nd Congressional District does not have a Democratic primary, and the 1st Congressional District does not have a Republican primary.

  • All six incumbents are running for re-election. U.S. Representatives Kevin Hern (R-1) and Frank Lucas (R-3) faced no primary opposition and advanced automatically to the general election.

  • Entering the 2020 election, Oklahoma has two Republican U.S. senators and one Democratic and four Republican U.S. representatives.

• Four U.S. House seats are up for election in Utah.

  • In Utah, the Democratic and Republican parties hold conventions to choose their Congressional candidates. If no convention candidates receive 60% of the vote or if additional candidates petition to get on the ballot, a primary takes place. The 1st Congressional district is holding both Democratic and Republican primaries and the 4th Congressional district is holding a Republican primary. The remaining districts’ major party candidates were decided at the convention.

  • Three of the four incumbents are running for re-election. Rep. Rob Bishop (R-1) did not file for re-election as he is running for Lieutenant Governor of Utah.

  • Entering the 2020 election, Utah has two Republican U.S. senators and one Democratic and three Republican U.S. representatives.

• Ballotpedia has identified six Congressional primaries taking place June 30 as battlegrounds, including one for the U.S. Senate and five for the U.S. House. Those races include:

  • Democratic U.S. Senate primary in Colorado: Former Gov. John Hickenlooper (D) and former state House Speaker Andrew Romanoff (D) are running for the Democratic nomination to challenge Sen. Cory Gardner (R). Hickenlooper, who earlier ran for the Democratic nomination for president, is backed by Senate Democrats’ official campaign wing. Romanoff’s endorsers include Progressive Democrats of America and the Metro Denver branch of Our Revolution.

  • Democratic primary in Colorado’s 3rd Congressional District: Former state Rep. Diane Mitsch Bush and businessman James Iacino are running for the Democratic nomination to challenge Rep. Scott Tipton (R). Bush, who was the Democratic nominee for the seat in 2018, says her legislative record and experience running against Tipton make her a stronger nominee. Iacino says his business experience would make him a more effective legislator.

  • Republican primary in Utah’s 1st Congressional District: Kerry Gibson, Blake Moore, Bob Stevenson, and Katie Witt are running for the Republican nomination to succeed Rep. Rob Bishop, who is running for lieutenant governor this year rather than seeking re-election. Republicans have held the seat in every election year since 1980.

• Candidates are competing to advance to the general election scheduled for November 3. If no candidates receive a majority of the vote in the Oklahoma primary, the two highest vote-getters will advance to a primary runoff on August 25, 2020. Colorado and Utah do not hold primary runoffs.

Congress is in session

Both chambers of Congress are 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 Vice President Pence.

• On Tuesday, Trump participated in a commemoration of the border wall and delivered an address to young Americans at Dream City Church in Arizona.

• On Wednesday, Trump met with the President of the Republic of Poland.

• On Thursday, Trump participated in a town hall with Sean Hannity and visited a shipbuilding firm in Wisconsin.

• On Friday, Trump delivered remarks at the American Workforce Policy Advisory Board Meeting.

Federal Judiciary

• 80 federal judicial vacancies

• 50 pending nominations

• 4 future federal judicial vacancies

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