Texas governor sets 6th District special election for May 1
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[The Federal Tap by Ballotpedia]
 

 

 

 
** WELCOME TO THE FEDERAL TAP
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** FEBRUARY 27, 2021
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Welcome to your week in review. Below, find the highlights in Senate confirmations, special election news, SCOTUS cases, and more. For a complete review of the week, click the button to read the full Tap at Ballotpedia.org.

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** SHARE THIS NEWSLETTER
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** SENATE CONFIRMS TOM VILSACK AS SECRETARY OF AGRICULTURE, LINDA THOMAS-GREENFIELD AS U.N. AMBASSADOR
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* The Senate confirmed Linda Thomas-Greenfield ([link removed]) to serve as U.S. ambassador to the United Nations by a vote of 78-20 on Feb. 23. Thomas-Greenfield has served in the U.S. Foreign Service for three decades.

* The Senate also confirmed Tom Vilsack ([link removed]) to serve as secretary of agriculture by a vote of 92-7.

* Six Republicans voted against his confirmation: Sens. Ted Cruz (R-Texas), Josh Hawley (R-Mo.), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), Rick Scott (R-Fla.), and Dan Sullivan (R-Alaska).
* Sen. Bernie Sanders (I-Vt.) also voted against Vilsack, marking the first time a member of the Senate Democratic caucus voted against a Biden nominee.
* Vilsack previously served as secretary of agriculture in the Obama administration.

 
 

 

 

 
** SENATE CONFIRMS JENNIFER GRANHOLM AS ENERGY DEPARTMENT SECRETARY
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* The Senate confirmed former Michigan Gov. Jennifer Granholm ([link removed]) as secretary of energy by a vote of 64-35 on Feb. 25. Her nomination received the second-most ‘no’ votes of President Biden’s Cabinet nominees so far. Alejandro Mayorkas ([link removed]) was confirmed as secretary of homeland security by a vote of 56-43.
* Granholm is the tenth member of Biden’s Cabinet to be confirmed.

 
 

 

 

 
** GOVERNOR SETS SPECIAL ELECTION IN TEXAS' 6TH CONGRESSIONAL DISTRICT FOR MAY 1
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* Texas Gov. Greg Abbott (R) set the special election for the state's 6th Congressional District ([link removed]) for May 1 ([link removed]) . The election will fill the vacancy created when Ronald Wright (R) died from complications related to COVID-19 ([link removed])_pandemic,_2020-2021) on Feb. 7. Candidates seeking to run must file with the secretary of state by March 3.

* Two other special elections have been scheduled for vacant U.S. House seats in the 117th Congress ([link removed])) . Louisiana’s 2nd Congressional District became vacant after Rep. Cedric Richmond (D) joined the Biden administration as senior adviser to the president and director of the White House Office of Public Engagement. Louisiana’s 5th Congressional District became vacant when Rep.-elect Luke Letlow (R) died on December 29, 2020, from complications related to COVID-19 before he was sworn into office. Both Louisiana special elections will take place on March 20.

 
 

 

 

 
** SUPREME COURT ACCEPTS FIRST CASES TO BE HEARD DURING 2021-2022 TERM
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* The U.S. Supreme Court announced on Feb. 22 it had granted review in five cases for its upcoming 2021-2022 term ([link removed]) . These cases are the first ones that the Court has accepted for its next term, which is scheduled to begin on Oct. 4, 2021. To date, the court has granted review in 63 cases for the 2020-2021 term ([link removed]) .

* American Medical Association v. Cochran ([link removed]) (Consolidated with _Oregon v. Cochran_ and _Cochran v. Mayor and City Council of Baltimore_) are consolidated cases that originated in the U.S. Court of Appeals for the 9th Circuit ([link removed]) and the U.S. Court of Appeals for the 4th Circuit ([link removed]) , respectively. The cases concern a 2019 rule made by theU.S. Department of Health and Human Services ([link removed]) (HHS) that placed more abortion-related restrictions on healthcare providers receiving federal funds under Title X of the Public Health Service Act. TheAmerican Medical Association ([link removed]) (AMA), other Title X providers, and several states sued, arguing that HHS violated the Administrative Procedure Act (APA) by issuing the rule. These three cases have been combined with a total of one hour allotted for oral argument.
* Department of Homeland Security v. New York ([link removed]) concerns the “public charge” rule of the Immigration and Nationality Act ([link removed]) that details how federal agencies determine the inadmissibility of immigrants likely to become public charges. The case originated from the U.S. Court of Appeals for the 2nd Circuit ([link removed]) .
* Wooden v. United States ([link removed]) concerns search and seizure protections under the Fourth Amendment to the U.S. Constitution and how predicate offenses are considered and classified under the Armed Career Criminal Act (ACCA). A predicate offense is a crime that may be considered a component of a larger crime. The case originated from the U.S. Court of Appeals for the 6th Circuit ([link removed]) .

 
 

 

 

 
** SUPREME COURT RESUMES HEARING ORAL ARGUMENTS
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* The Supreme Court of the United States (SCOTUS) continued its 2020-2021 term ([link removed]) on Feb. 22 with the beginning of its February sitting. The February sitting runs from Feb. 22 through March 3, during which time SCOTUS will hear six hours of oral argument. Consistent with the court’s policy in response to the COVID-19 pandemic, all arguments will be made via teleconference with live audio provided.
* The court’s oral argument schedule for the February sitting is as follows:

* Feb. 22: Florida v. Georgia ([link removed])
* Feb. 23: Barr v. Dai ([link removed]) (consolidated with _Barr v. Alcaraz-Enriquez_)
* Feb. 24: Lange v. California ([link removed])
* March 1: United States v. Arthrex Inc. ([link removed]) (consolidated with _Smith & Nephew Inc. v. Arthrex Inc._ and _Arthrex Inc. v. Smith & Nephew Inc._)
* March 2: Brnovich v. Democratic National Committee ([link removed]) (consolidated with _Arizona Republican Party v. Democratic National Committee_)
* March 3: Carr v. Saul ([link removed]) (consolidated with _Davis v. Saul_)

* As with single cases, consolidated cases are allotted one hour total for oral arguments. The court’s March sitting is scheduled to begin on March 22 and will continue through March 31. 
* As of Feb. 22, the court has agreed to hear 63 cases during its 2020-2021 term. Of those, 12 were originally scheduled for the 2019-2020 term but were delayed due to the coronavirus pandemic. The court has issued opinions in 15 cases this term. Four cases were decided without argument.

 
 

 

 

 
** SENATE EXPECTED TO VOTE ON EDUCATION, LABOR SECRETARIES
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* The Senate will vote on the nomination of Miguel Cardona ([link removed]) for secretary of education on March 1. The Senate Committee on Health, Education, Labor, and Pensions advanced Cardona’s nomination by a vote of 17-5 on Feb. 11. Cardona is currently the commissioner of education in Connecticut.
* The Senate will also vote to invoke cloture on the nomination of Gina Raimondo ([link removed]) for secretary of commerce. The Senate Committee on Commerce, Science, and Transportation advanced her nomination by a vote of 21-3 on Feb. 3.
* Cloture has been filed on Cecilia Rouse ([link removed]) ’s nomination for chair of the Council of Economic Advisers. The Senate Committee on Banking, Housing, and Urban Affairs advanced her nomination unanimously by a 24-0 vote on Feb. 4. Her confirmation vote is also expected this week.

 
 

 

 

 
** SUPREME COURT RULES ON CASE INVOLVING THE FEDERAL TORT CLAIMS ACT
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* The Supreme Court of the United States (SCOTUS) issued an opinion on Feb. 25 in Brownback v. King ([link removed]) , which concerned the judgment bar of theFederal Tort Claims Act ([link removed]) (FTCA). The case originated from the U.S. Court of Appeals for the 6th Circuit ([link removed]) and was argued before SCOTUS on Nov. 9, 2020.
* In a unanimous ruling ([link removed]) , the court reversed the 6th Circuit's ruling and held that the U.S. District Court for the Western District of Michigan's ([link removed]) decision in the case was a judgment based on the merits, triggering the judgment bar and disqualifying the plaintiff’s claims against the federal officers. Previously, the 6th Circuit had reversed ([link removed]) the district court’s order, holding that the plaintiff’s FTCA claims did not trigger the judgment bar.
* JusticeClarence Thomas ([link removed])) delivered the majority opinion of the court and JusticeSonia Sotomayor ([link removed]) filed a concurring opinion. Justice Thomas has authored ([link removed]) two majority opinions so far this term. The court has issued opinions in 16 cases thisterm ([link removed]) . Four cases were decided without argument.

 
 

 
** CONGRESS IS IN SESSION
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** SCOTUS IS IN SESSION
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Both the House and Senate are in session next week. Click here ([link removed]) to see the full calendar for the second session of the 117th Congress.

The Supreme Court will hear three hours of oral arguments next week. To learn about the 2020-2021 term, click here ([link removed]) .

 
 

 
** WHERE WAS THE PRESIDENT LAST WEEK?
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** FEDERAL JUDICIARY
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* On Monday through Thursday, Biden remained in Washington, D.C.
* On Friday, Biden gave remarks at the FEMA COVID-19 vaccination facility at NRG Stadium in Houston, Texas.

* 63 federal judicial vacancies
* 0 pending nominations
* 27 future federal judicial vacancies

 
 

 
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