What's On Tap This Week

Electoral College selects Biden as president, Harris as vice president

The Electoral College met on Monday to cast their votes for president and vice president of the United States. The final tally was 306 electoral votes for former Vice President Joe Biden (D) and Sen. Kamala Harris (D) and 232 electoral votes for President Donald Trump (R) and Vice President Mike Pence (R). Congress will hold a joint session on January 6, 2021, to confirm the vote totals.
The Electoral College is the process by which the states and the District of Columbia elect the president of the United States. Each state and D.C. is represented by a number of electors equal to the size of its congressional delegation. There are 538 electors in total. To win the Electoral College, a candidate must receive a majority—at least 270—electoral votes.
Although there is no constitutional provision or federal law requiring electors to vote in accordance with the election results in their state, electors typically vote for their state's popular vote winner. Some states have provisions permitting the disqualification and replacement of an elector whose vote deviates from the state's popular vote. There were no faithless electors in 2020.

Biden, Pence hold rallies with Georgia's Senate runoff candidates

President-elect Joe Biden (D) was in Atlanta on Tuesday headlining a rally for Democratic Senate runoff candidates Jon Ossoff and Raphael Warnock. It was Biden's first visit to the state during the runoffs.
Vice President Mike Pence (R) made his fourth visit to the state on Dec. 17 to headline two rallies supporting Republican incumbents Kelly Loeffler and David Perdue. President Donald Trump (R) headlined a rally for the senators on Dec. 5.
Georgia's regular and special Senate runoffs will determine control of the next U.S. Senate. Republicans have secured 50 seats and Democrats 48. If Democrats win both seats, they would have effective control of the chamber as Vice President-elect Kamala Harris (D) will have the tie-breaking vote. Republicans need to win at least one race to maintain their majority in the chamber.
Perdue and Ossoff are running in the regular election. Loeffler and Warnock are running in the special election.
Some more news from this past week:
- All four candidates are touring the state. Ballotpedia published its running tally of campaign stops each candidate has made in six political regions delineated by The Washington Post. The campaign events identified show Ossoff and Warnock have spent the most facetime in Atlanta, Loeffler in North Georgia, and Perdue in the Black Belt, North Georgia, and South Georgia.
- Facebook lifted its post-election advertising ban for Georgia's runoffs starting on Dec. 16.
- Early voting kicked off on Dec. 14. 11Alive's Joe Ripley reported that 486,829 people voted early in-person between Dec. 14 and Dec. 16.

Biden announces four Cabinet-level picks

President-elect Joe Biden (D) announced on Wednesday that he had selected Pete Buttigieg as Secretary of Transportation. Biden announced three more selections on Dec. 17: Debra Haaland for Secretary of the Interior, Jennifer Granholm for Secretary of Energy, and Michael Regan for Administrator of the Environmental Protection Agency.
Biden also made three selections for other key administration positions on Dec. 17: Brenda Mallory as Chair of the Council on Environmental Quality, Gina McCarthy as National Climate Advisor, and Ali Zaidi as Deputy National Climate Advisor.
In a statement, Biden’s office said, “[This] team will turn the climate crisis into an unprecedented opportunity to create millions of good paying union jobs in communities across the country; powering our economy with clean energy and positioning the United States as an exporter of 21st century products; and making our economy stronger and more resilient. They will work closely with communities who bear the outsized burden of environmental injustice, including Tribal Nations and communities of color, and young Americans who will live with the long-term consequences of climate change.”

Barr to step down as attorney general on Dec. 23

U.S. Attorney General William Barr announced on Monday that he would be leaving his role, effective Dec. 23. President Trump tweeted, “Just had a very nice meeting with Attorney General Bill Barr at the White House. Our relationship has been a very good one, he has done an outstanding job! As per letter, Bill will be leaving just before Christmas to spend the holidays with his family…” In a subsequent tweet, Trump stated that Deputy Attorney General Jeff Rosen would be acting attorney general after Barr's departure.
Prior to serving as the 85th attorney general, Barr served as the 77th attorney general under former President George H.W. Bush from November 1991 to January 1993. The only other person to serve as attorney general twice was John J. Crittenden. He served as the 15th and 22nd attorney general from March 1841 to September 1841 and July 1850 to March 1853.
The United States attorney general is the head of the U.S Department of Justice. The position requires a presidential nomination and subsequent confirmation by the United States Senate.

Outcome in New York's 22nd Congressional District not yet determined

The final result of the U.S. House race in New York’s 22nd Congressional District has not been determined. The most recent count, conducted on Nov. 30, showed challenger Claudia Tenney (R) with a 12-vote lead over incumbent Anthony Brindisi (D). A court order by Oswego County Supreme Court Justice Scott DelConte on Dec. 8 required county boards of election to conduct a final check for uncounted ballots and potential canvassing errors to be completed. In a follow-up hearing on Dec. 17, DelConte ordered the count to be completed by the start of the new Congress on Jan. 3. DelConte met with both campaigns’ legal teams on Dec. 18.
Pending the result in New York’s 22nd Congressional District, Democrats have won 222 seats to Republicans’ 212. Heading into the election, Democrats had 232 seats to Republicans’ 197 and Libertarians’ one. Five seats were vacant. A party needs 218 seats to have a majority in the House.

Trump campaign files lawsuit challenging New Mexico's election administration practices

President Trump’s (R) re-election campaign filed a lawsuit in the U.S. District Court for the District of New Mexico on Dec. 14 challenging the state’s election administration practices.
In Trump v. Oliver, the campaign contends that New Mexico Secretary of State Maggie Toulouse Oliver (D) violated the Electors Clause of the U.S. Constitution by making changes to the state’s election procedure, which impacted the presidential election and were not ordered by the state legislature.
The complaint seeks to halt certification of New Mexico’s election results, including its selection of presidential electors, until such time as the case can be decided on the merits. The complaint also calls on the court to remand the selection of electors to the state legislature.
On Dec. 14, the Wisconsin Supreme Court affirmed a Milwaukee County Circuit Court ruling in Trump v. Biden. The lower court in that case had ruled against President Trump on Dec. 7, finding that there was “no credible evidence of misconduct or wide-scale fraud” and denying the Trump campaign’s request that a number of absentee ballots the campaign described as improperly counted be removed from the state’s final totals.
The two lawsuits are among 75 dealing with disputes stemming from the Nov. 3 election. Of these 75, 20 directly involve either Trump or his campaign as a litigant. For more information, click here.

Supreme Court issues ruling in water dispute between Texas, New Mexico; declines to rule on merits of census case

The U.S. Supreme Court (SCOTUS) issued two opinions this week. As of Dec. 18, the court had issued opinions in 10 cases this term. Four cases were decided without argument.
Texas v. New Mexico was argued on Oct. 5. The case is part of the court's original jurisdiction, meaning SCOTUS was the first and only court to hear the case. Original jurisdiction cases are rare. According to the Federal Judicial Center, since 1960, the court "received fewer than 140 motions for leave to file original cases, nearly half of which were denied a hearing."
- Texas v. New Mexico concerned an interstate water dispute. In 1949, the two states entered a compact about the use of the Pecos River, which flows south from New Mexico to Texas, where it joins the Rio Grande. In 1988, the U.S. Supreme Court appointed a river master to issue an annual report summarizing New Mexico's compliance with its compact obligations. In this case, Texas challenged retroactive changes the river master made to his 2014-2015 annual report.
- In a 7-1 opinion written by Justice Brett Kavanaugh, the court denied Texas' motion to review the river master's annual report, holding the river master correctly determined New Mexico's water delivery credit. Kavanaugh wrote, "As the River Master correctly concluded, New Mexico is entitled to delivery credit for the evaporated water. That result is both legally accurate and entirely fair."
- Justice Samuel Alito concurred in part and dissented in part. In his opinion, Alito wrote that he would have vacated the case and remanded it to the river master with instructions to redo his analysis.
- Justice Amy Coney Barrett did not take part in the case. She was not a member of the court when arguments were held.

Trump v. New York was argued on Nov. 30. The case concerned congressional apportionment following the 2020 U.S. Census. The U.S. government asked SCOTUS to consider if the president could order the secretary of commerce to exclude individuals residing unlawfully in the U.S. from the census' apportionment base.
- In a 6-3 per curiam opinion, the court vacated the U.S. District Court for the Southern District of New York's ruling. In a per curiam opinion, the court issues a collective decision in which authorship is not indicated. The court held the coalition of state and local governments and NGOs did not have standing—the legal right to sue—in this case. The court did not rule on the merits.
- Justice Stephen Breyer wrote a dissenting opinion, joined by Justices Sonia Sotomayor and Elena Kagan. Breyer argued the plaintiffs had standing and that court precedent, law, and historical practice "demonstrate that aliens without lawful status cannot be excluded from the decennial census solely on account of that status. The Government’s effort to remove them from the apportionment base is unlawful, and I believe this Court should say so."

U.S. Rep. Mitchell leaves Republican Party

U.S. Rep. Paul Mitchell (I-Mich.) announced on Dec. 14 that he was leaving the Republican Party and changing his affiliation to independent because of differences with party leadership. As a result of leaving the party, Mitchell’s positions on the Transportation and Infrastructure Committee and the Armed Services Committee were revoked.
In a letter to Republican National Committee Chairwoman Ronna McDaniel and House Minority Leader Kevin McCarthy, Mitchell said, "I believe that raw political considerations, not constitutional or voting integrity concerns, motivate many in party leadership to support the ‘stop the steal’ efforts, which is extremely disappointing to me...as a result, I am writing to advise you both that I am withdrawing from my engagement and association with the Republican Party at both the national and state level."
Mitchell is the second member of Michigan’s delegation to the U.S. Congress to leave the Republican Party this term. U.S. Rep. Justin Amash (L-Mich.) announced his departure from the party on July 4, 2019.
Mitchell was first elected to represent Michigan's 10th Congressional District in 2016. He did not run for re-election in 2020 and will retire from Congress at the end of his term. Republican Lisa McClain will represent the district once she is sworn into office in January.
With Mitchell’s departure from the Republican Party, the current partisan breakdown of the U.S. House of Representatives is 233 Democrats, 195 Republicans, one Libertarian, and one independent, with five vacancies.

U.S. Senate confirms four federal judges

The U.S. Senate voted to confirm four nominees this week to Article III judgeships—three to U.S. district courts and one to a U.S. circuit court. The four nominees will join their respective courts after they receive commission and take their judicial oaths.
- Thomas Kirsch was confirmed to the U.S. Court of Appeals for the 7th Circuit by a 51-44 vote. Kirsch was nominated to succeed Judge Amy Coney Barrett, who was elevated to the U.S. Supreme Court. Kirsch will join three other Trump nominees on the 11-member court.
- Katherine Crytzer was confirmed to the U.S. District Court for the Eastern District of Tennessee by a 48-47 vote. She was nominated to succeed Judge Pamela Reeves. Reeves and Crytzer are the first two women confirmed to the Eastern District of Tennessee. Crytzer will join two other Trump nominees on the five-member court.
- Charles Atchley was also confirmed to the U.S. District Court for the Eastern District of Tennessee by a 54-41 vote. He was nominated to replace Judge Harry Mattice. He will join two other Trump nominees on the five-member court.
- Joseph Dawson was confirmed to the U.S. District Court for the District of South Carolina by a 56-39 vote. Dawson was nominated to replace Judge Terry Wooten. He will join two other Trump nominees on the 10-member court.
The U.S. Senate has confirmed 233 of President Trump’s Article III judicial nominees—three Supreme Court justices, 54 appellate court judges, 173 district court judges, and three U.S. Court of International Trade judges—since January 2017.

Welcome to the Federal Tap

December 19, 2020

SHARE THIS NEWSLETTER

What's On Tap This Week

Electoral College selects Biden as president, Harris as vice president

Biden, Pence hold rallies with Georgia's Senate runoff candidates

Biden announces four Cabinet-level picks

Barr to step down as attorney general on Dec. 23

Outcome in New York's 22nd Congressional District not yet determined

Trump campaign files lawsuit challenging New Mexico's election administration practices

Supreme Court issues ruling in water dispute between Texas, New Mexico; declines to rule on merits of census case

Congress is in session

SCOTUS is out of session

U.S. Rep. Mitchell leaves Republican Party

U.S. Senate confirms four federal judges

Where was the President last week?

Federal Judiciary

Everything on Ballotpedia is free to read