Biden selects defense, health nominees



[The Federal Tap by Ballotpedia]







** WELCOME TO THE FEDERAL TAP
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** DECEMBER 12, 2020
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Welcome to your Saturday morning! We've got this week's top stories in federal politics for you below. If you want more, follow the link below to read the full version online.

Read the full Tap online ([link removed]) [link removed]





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** EARLY IN-PERSON VOTING BEGINS DEC. 14 FOR GEORGIA'S U.S. SENATE RUNOFF ELECTIONS
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* The first day of early in-person voting is Dec. 14 for Georgia's U.S. Senate runoff elections. The deadline for voters to register for the Jan. 5, 2021, elections was Dec. 7.
* Georgia's regular ([link removed])) and special ([link removed])) Senate runoffs will determine control of the next U.S. Senate. Republicans have secured 50 seats, and Democrats hold 48. If Democrats win both seats, they will gain control of the chamber, as Vice President-elect Kamala Harris ([link removed]) (D) will have the tie-breaking vote. Republicans need to win at least one race to maintain their majority in the chamber.
* Incumbent David Perdue ([link removed]) (R) and Jon Ossoff ([link removed]) (D) are running in the regular election. Incumbent Kelly Loeffler ([link removed]) (R) and Raphael Warnock ([link removed]) (D) are running in the special election.









** BIDEN SELECTS DEFENSE, HEALTH NOMINEES FOR HIS ADMINISTRATION
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* President-elect Joe Biden ([link removed]) (D) announced retired Gen. Lloyd Austin III ([link removed]) as his nominee ([link removed]) for secretary of defense on Dec. 9. Biden also wrote ([link removed]) an op-ed in _The Atlantic _about his selection.

* Austin began his military service in 1975 as an infantry second lieutenant and advanced to a four-star general. He was involved in several major operations, including Iraqi Freedom, Enduring Freedom, and New Dawn. He served as commander of the U.S. Central Command from 2013 to 2016, where he led the campaign against the Islamic State.
* If nominated, Austin would require a congressional waiver to serve as secretary of defense. Federal law prohibits a commissioned officer from filling this position if he or she is appointed within seven years of active duty.
* If confirmed, Austin will be the first Black secretary of defense in U.S. history.

* Biden also announced several key health and COVID-19-related positions on Dec. 7:

* Xavier Becerra ([link removed]) , SECRETARY OF HEALTH AND HUMAN SERVICES: Becerra is the attorney general of California. He served in the U.S. House of Representatives for 12 terms, where he was a member of the Committee on Ways and Means, ranking member of the Subcommittee on Social Security, and chairman of the House Democratic Caucus.
* [link removed] MURTHY, U.S. SURGEON GENERAL: Murthy previously served as U.S. surgeon general during the Obama administration from 2014 to 2017 after being confirmed 51-43 by the U.S. Senate. He is a physician and former vice admiral in the Public Health Service Commissioned Corps.
* ROCHELLE WALENSKY, director of the Centers for Disease Control and Prevention: Walensky is the chief of the Division of Infectious Diseases at Massachusetts General Hospital and a professor of medicine at Harvard Medical School, where her research has focused on HIV/AIDS.
* Marcella Nunez-Smith, chairwoman of the COVID-19 Equity Task Force
* Anthony Fauci, chief medical adviser on COVID-19 and director of the National Institute of Allergy and Infectious Diseases
* Jeff Zients ([link removed]) , coordinator of the COVID-19 response and counselor to the president
* Natalie Quillian, deputy coordinator of the COVID-19 response









** SUPREME COURT RELEASES OPINIONS ON JUDICIAL SELECTION, PREEMPTION, STATUTE OF LIMITATIONS
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The U.S. Supreme Court ([link removed]) released four opinions for cases heard during the 2020-2021 term on Dec. 10. Including three opinions in cases decided without argument, the court has issued seven total opinions this term. Justice Amy Coney Barrett ([link removed]) took no part in the following cases, which were argued before she joined the court.

* FNU Tanzin v. Tanvir ([link removed]) concerned whether the Religious Freedom Restoration Act's provision allowing individuals to "obtain appropriate relief against a government" includes money damages against federal employees sued in their individual capacities. In an 8-0 opinion, the court held that it does. Justice Clarence Thomas ([link removed])) delivered the opinion.
* Carney v. Adams ([link removed]) concerned whether the respondent, lawyer James Adams, had the legal right (or standing) to sue the governor of Delaware. Adams had claimed a provision of Article IV, Section 3 of the Delaware Constitution was unconstitutional. In an 8-0 opinion, the court held Adams did not have standing. Justice Stephen Breyer ([link removed]) delivered the opinion, and Justice Sonia Sotomayor ([link removed]) filed a concurring opinion.
* _Rutledge v. Pharmaceutical Care Management Association ([link removed]) _concerned whether the U.S. Court of Appeals for the 8th Circuit ([link removed]) erred in its ruling that Arkansas’ state law regulating the drug-reimbursement rates of pharmacy benefit managers is preempted, or displaced in authority, by the Employee Retirement Income Security Act of 1974 (ERISA), in violation of the Supreme Court’s precedent that ERISA does not preempt rate regulation. In a unanimous decision, the court held that Arkansas’ state law is not preempted by ERISA. Justice Sotomayor delivered the opinion.
* United States v. Briggs ([link removed]) concerned whether the U.S. Court of Appeals for the Armed Forces ([link removed]) was in error in holding that the Uniform Code of Military Justice (UCMJ) allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years. In an 8-0 ruling, the court held that the respondents' prosecutions for rape were timely under the UCMJ. Justice Samuel Alito ([link removed]) delivered the opinion of the court.





** CONGRESS IS IN SESSION
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** SCOTUS IS OUT OF SESSION
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The Senate is in session next week. Click here ([link removed]) to see the full calendar for the second session of the 116th Congress.

The Supreme Court will not hear oral arguments next week. To learn about the 2020-2021 term, click here ([link removed]) .









** REPUBLICAN DECLARED WINNER IN CALIFORNIA’S 25TH DISTRICT, ONE U.S. HOUSE RACE REMAINS TOO CLOSE TO CALL
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* Since our last update on Dec. 5, one more U.S. House race was called. One election remains too close to call, and the results of a second will be challenged before the U.S. House Administration Committee.
* Incumbent Mike Garcia (R) defeated ([link removed]) challenger Christy Smith ([link removed]) (D) to win a full term in California’s 25th Congressional District ([link removed]) . Garcia defeated Smith by a margin of 333 votes out of more than 330,000 cast. Garcia was elected to represent the district in May, filling the vacancy opened by Katie Hill ([link removed]) ’s (D) resignation last year. He also faced Smith in that election, defeating her 56%-44%.
* The only election that remains too close to call is in New York’s 22nd Congressional District ([link removed]) . Incumbent Anthony Brindisi ([link removed]) (D) faced three challengers, including former Rep. Claudia Tenney ([link removed]) (R), whom Brindisi defeated in 2018. The two campaigns have been involved in a legal dispute before the Oswego County Supreme Court over ballot-counting procedures since Nov. 4.









** BIDEN SELECTS VILSACK FOR SECRETARY OF AGRICULTURE, FUDGE FOR HOUSING AND URBAN DEVELOPMENT
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* President-elect Joe Biden ([link removed]) (D) announced five top domestic administration appointments ([link removed]) on Dec. 10— Susan Rice ([link removed]) for director of the White House Domestic Policy Council and four Cabinet-level positions ([link removed]) .

* Tom Vilsack ([link removed]) , SECRETARY OF AGRICULTURE: Vilsack previously served as secretary of agriculture during the Obama administration for eight years. He was confirmed by unanimous consent in the U.S. Senate in 2009. Vilsack was also the chairman of the White House Rural Council and the 40th governor of Iowa.
* Marcia Fudge ([link removed]) , SECRETARY OF HOUSING AND URBAN DEVELOPMENT: Fudge has served in Congress since 2008. She is a former chairwoman of the Congressional Black Caucus and has served on the committees for house administration, agriculture, and education and labor. Fudge’s district, Ohio's 11th, is rated _Safe Democratic_. House vacancies are filled by special elections.
* Denis McDonough ([link removed]) , SECRETARY OF VETERANS AFFAIRS: McDonough held several roles in the Obama White House, including as chief of staff from 2013 to 2017 and principal deputy national security advisor from 2010 to 2013. He worked in the U.S. House of Representatives in policy and leadership positions, including as a professional staff member on the International Relations Committee. If confirmed, he would be the second non-veteran in this office.
* Katherine Tai ([link removed]) , U.S. TRADE REPRESENTATIVE: Tai is the chief trade counsel to the chairman and Democratic members of the House Committee on Ways and Means. She served as associate general counsel and chief counsel for China trade enforcement at the Office of the United States Trade Representative. She previously practiced law in Washington, D.C., with a focus on international trade issues.









** SUPREME COURT DECLINES TO BLOCK CERTIFICATION OF PENNSYLVANIA’S ELECTION RESULTS
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* The U.S. Supreme Court ([link removed]) declined ([link removed]) on Dec. 8 to intervene and block certification of Pennsylvania's election results. The court announced its decision in an unsigned order. There was no noted dissent.

* Background: On Nov. 21, a group of state Republican officials, candidates, and voters filed suit ([link removed]) in the Pennsylvania Commonwealth Court ([link removed]) , alleging the state law allowing all voters to cast their ballots by mail was unconstitutional. The plaintiffs asked the court either to order election officials "to certify the results of the election based solely on the legal votes" or to direct "that the Pennsylvania General Assembly ([link removed]) choose Pennsylvania's [presidential] electors."

* On Nov. 25, Judge Patricia McCullough ([link removed]) ordered election officials to temporarily halt "any further action to perfect the certification of the results of the 2020 general election ... for the offices of President and Vice President," pending an evidentiary hearing.
* State officials appealed McCullough's order to the state supreme court ([link removed]) . On Nov. 28, the state supreme court unanimously ruled to vacate McCullough's order and dismiss the case with prejudice.




[link removed]







** LETLOW WINS GENERAL ELECTION IN LOUISIANA’S 5TH CONGRESSIONAL DISTRICT
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* Luke Letlow ([link removed]) (R) defeated Lance Harris ([link removed]) (R) on Dec. 5 in the general election for Louisiana’s 5th Congressional District ([link removed]) . With all precincts reporting, Letlow received 62% of the unofficial election night vote.
* Letlow and Harris received 33.1% and 16.6% of the vote, respectively, in the Nov. 3 primary ([link removed]) . Incumbent Ralph Abraham ([link removed]) (R) did not seek re-election. A Republican has represented the district since 2004. Letlow will assume office when the 117th Congress is sworn in on Jan. 3, 2021.









** U.S. SENATE CONFIRMS SCHWARTZ TO U.S. COURT OF FEDERAL CLAIMS
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* The U.S. Senate ([link removed]) confirmed Stephen Schwartz ([link removed])) to the U.S. Court of Federal Claims ([link removed]) on Dec. 8. The Court of Federal Claims is an Article I tribunal—a federal court organized under Article I of the U.S. Constitution.
* President Donald Trump ([link removed]) (R) nominated Schwartz to the court on June 7, 2017. The U.S. Senate confirmed Schwartz on a 49-47 vote.
* After Schwartz receives his judicial commission and takes his judicial oath, the court will have three judges appointed by President Barack Obama ([link removed]) (D), seven judges appointed by President Trump, and six vacancies.









** SUPREME COURT HEARS FIVE HOURS OF ORAL ARGUMENT
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TheSupreme Court ([link removed]) heard five hours of arguments this week via teleconference with live audio. The court made the decision to hold proceedings this way in accordance with public health guidance in response to COVID-19.

* DEC. 7

* Republic of Hungary v. Simon ([link removed]) concerns the doctrine of international comity and the expropriation exception of the Foreign Sovereign Immunities Act. The expropriation exception (28 U.S.C. § 1605(a)(3) ([link removed]) ) allows lawsuits against a foreign state involving "property taken in violation of international law." International comity means that U.S. courts defer to another nation's laws when legal action is brought under those laws.
* Federal Republic of Germany v. Philipp ([link removed]) also concerns the doctrine of international comity and the expropriation exception of the Foreign Sovereign Immunities Act.

* DEC. 8

* Facebook v. Duguid ([link removed]) concerns the definition of an automated telephone dialing system in the Telephone Consumer Protection Act.
* Henry Schein Inc. v. Archer and White Sales Inc. ([link removed])) concerns arbitration agreements.

* DEC. 9

* Collins v. Mnuchin ([link removed]) , consolidated with _Mnuchin v. Collins_, concerns the extent of the president’s appointment and removal powers and control of independent federal agencies.





** WHERE WAS THE PRESIDENT LAST WEEK?
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** FEDERAL JUDICIARY
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* President Trump remained in Washington, D.C.

* 56 federal judicial vacancies
* 33 pending nominations
* 5 future federal judicial vacancies









** REPUBLICAN AND DEMOCRATIC NATIONAL PARTY COMMITTEES RAISED $467 MILLION BETWEEN OCT. 15 AND NOV. 23
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* Six national party committees raised a combined $467 million between Oct. 15 and Nov. 23 this year, according to post-general election campaign finance reports filed with the Federal Election Commission. One more campaign finance report is due this cycle, covering fundraising and spending through Dec. 31.
* Democrats ([link removed]) and Republicans ([link removed]) each have three party committees; a national committee to coordinate overall party objectives and one committee each dedicated to electing members to the Senate and House. The latter two are referred to as Hill committees. During the 2018 campaign cycle, the six committees spent a combined $1.3 billion. So far in the 2020 cycle, they have spent a combined $2.37 billion out of $2.49 billion in fundraising.









** U.S. SENATE CONFIRMS THREE TO FEDERAL ELECTION COMMISSION
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* The U.S. Senate confirmed three new members of the Federal Election Commission (FEC) on Dec. 9, filling the remaining vacancies on the six-member commission. The new commissioners are Shana Broussard (D), Allen Dickerson (R), and Sean Cooksey (R). They join current commissioners James "Trey" Trainor (R), Steven T. Walther (I), and Ellen L. Weintraub (D). Trainor chairs the commission, and Walther is vice chair.
* The Senate confirmed Broussard 92 to 4 ([link removed]) , Dickerson 49 to 47 ([link removed]) , and Cooksey 50 to 46 ([link removed]) . All Republican Senators who voted were in favor of Dickerson’s and Cooksey’s nominations, and all Democratic Senators—as well as Sen. Bernie Sanders (Vt.-I)—voted against. Sen. Angus King (Maine-I) voted in favor of Cooksey’s nomination and against Dickerson’s.





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