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Welcome to the Federal Tap! Find information on Congress, SCOTUS, and more in our highlights of the week. Head to the complete review of the week by clicking the button below.
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Three U.S House members announce they’re not running for re-election in 2020
- On December 4, Rep. Denny Heck (D-Wash.) announced that he would not seek re-election to Congress in 2020. He did not give a reason for his retirement, but in a statement said he planned on writing at least two books.
- On December 5, Rep. Tom Graves (R-Ga.) announced that he would not seek re-election in 2020. In a statement, Graves cited a desire to spend more time with his family as a reason for the retirement.
- On December 6, Rep. George Holding (R-N.C.) announced that he would not seek re-election in 2020. Holding cited the redrawn congressional districts in the state as one of the reasons he was retiring.
- These retirements bring the total number of U.S. House retirements in the 2020 election cycle to nine Democrats and 22 Republicans.
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North Carolina court allows revised congressional map, candidate filing for U.S. House districts underway
On Dec. 2, a three-judge panel of North Carolina's state superior court ruled unanimously that U.S. House elections in 2020 will take place under a remedial map adopted last month by state lawmakers. The court had earlier ruled that the original map constituted a partisan gerrymander in violation of state law.
The court also ordered that the candidate filing period open immediately, having previously delayed the filing period pending consideration of the remedial map and the objections to it. The maps' opponents announced later that day that they would not appeal the decision.
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Harris, Bullock, Sestak end their campaigns for the 2020 Democratic presidential nomination
Sen. Kamala Harris (D-Calif.) ended her presidential campaign, saying she lacked the financial resources to continue.
- Harris is the third Democratic candidate to leave the presidential race this week. Former Rep. Joe Sestak (Pa.) and Montana Gov. Steve Bullock withdrew on Sunday and Monday, respectively.
- Fifteen Democratic presidential candidates remain in the race. At this point in the 2016 presidential election cycle, there were 14 Republican candidates still running.
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Georgia Gov. Kemp (R) announces he’ll appoint Loeffler to succeed Sen. Isakson (R) Dec. 31
Georgia Gov. Brian Kemp (R) announced Wednesday that he would appoint businesswoman Kelly Loeffler (R) to succeed Sen. Johnny Isakson (R). Isakson will retire for health reasons effective December 31.
- Loeffler has two decades of experience in financial services. She most recently served as chief executive officer of cryptocurrency exchange operator Bakkt. Loeffler earlier worked for Bakkt parent company Intercontinental Exchange for 16 years, where she headed communications and marketing efforts. She is co-owner of the Atlanta Dream WNBA team. Loeffler has not previously held elected office.
- A special election for the remainder of Isakson's term will take place on November 3, 2020. No primary will be held; instead, all candidates running for the seat will appear on the November ballot.
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Pelosi announces House will draft articles of impeachment against Trump
House Speaker Nancy Pelosi (D-Calif.) announced that the House of Representatives will draft articles of impeachment against President Donald Trump (R).
- Pelosi said in a statement, “The president abused his power for his own personal political benefit at the expense of our national security by withholding military aid and crucial Oval Office meeting in exchange for an announcement of an investigation into his political rival.”
- Trump responded on Twitter, “This will mean that the beyond important and seldom used act of Impeachment will be used routinely to attack future Presidents. That is not what our Founders had in mind. The good thing is that the Republicans have NEVER been more united. We will win!”
- Earlier in the week, the House Intelligence Committee adopted a committee report on Trump's alleged misconduct and obstruction. Republicans also released a minority report on the hearings and evidence.
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Supreme Court hears cases on the Second Amendment, copyright law, and the Employee Retirement Income Security Act
The U.S. Supreme Court heard six cases this week. Click here to read more about SCOTUS' current term.
December 2
December 3
- Rodriguez v. Federal Deposit Insurance Corporation
The issue: Whether courts should determine ownership of a tax refund paid to an affiliated group based on federal common law, as three Circuits hold, or based on the law of the relevant State, as four Circuits hold.
- Atlantic Richfield Co. v. Christian
The issue: (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.
December 4
- Intel Corp. Investment Policy Committee v. Sulyma
The issue: Section 413(2) of the Employee Retirement Income Security Act establishes a three-year limitations period from "the earliest date on which the plaintiff had actual knowledge of the breach or violation." Can a plaintiff sue a defendant if the relevant information was disclosed to the plaintiff more than three years before the plaintiff filed the suit?
- Banister v. Davis
The issue: Whether and under what circumstances a timely Rule 59(e) motion should be recharacterized as a second or successive habeas petition under Gonzalez v. Crosby, 545 U.S. 524 (2005).
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Rep. Hunter (R-Calif.) pleads guilty to misuse of campaign funds
On December 3, Congressman Duncan Hunter (R-Calif.) pleaded guilty to using campaign funds for personal expenses. He announced Dec. 6 that he will resign from the House after the holidays.
- In August 2018, Hunter and his wife and former campaign manager, Margaret, were indicted on federal charges of wire fraud, falsifying records, campaign finance violations, and conspiracy.
- Hunter will serve jail time for the violations and is scheduled for sentencing on March 17, 2020.
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Illinois congressional candidate filing period ends
The candidate filing deadline for Illinois established party candidates was December 2, 2019. The primary is scheduled for March 17, 2020, and the general election is November 3, 2020. Offices on the ballot in 2020 include the U.S. Senate seat currently held by Sen. Dick Durbin (R) and all 18 U.S. House districts.
The Illinois filing deadline was the third statewide filing deadline for the 2020 general elections. It was preceded by Alabama on November 8 and by Arkansas on November 12.
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Brouillette confirmed as energy secretary
The U.S. Senate confirmed deputy energy secretary Dan Brouillette as secretary of energy by a 70-15 vote. Trump nominated Brouillette on November 7. He succeeds Rick Perry, who was confirmed to the position in March 2017.
- Brouillette served as chief of staff under Rep. Billy Tauzin and was also staff director for the House Energy and Commerce Committee. He served as a vice president at Ford Motor Company.
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California congressional candidate filing period concludes
The filing deadline to run for elected office in California was December 6, 2019. All 53 of California’s U.S. House seats will be up for election in 2020.
- The California Secretary of State will release the official candidate list on December 26. The primary is scheduled for March 3, and the general election is scheduled for November 3, 2020.
- California's statewide filing deadline is the fourth to take place in the 2020 election cycle. The next statewide filing deadline is on December 9 in Texas.
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SCOTUS to hear cases on statute of limitations, appropriations riders, and the Hague Convention
The U.S. Supreme Court will hear six cases this week. Click here to read more about SCOTUS' current term.
December 9
- Guerrero-Lasprilla v. Barr
The issue: (1) Is a request for equitable tolling—in which a plaintiff can bring a claim if they did not discover an injury until after the statute of limitations had expired—judicially reviewable as a "question of law?"
(2) Whether the criminal alien bar, 8 U.S.C. §1252(a)(2)(C), tempered by §1252(a)(2)(D), prohibits a court from reviewing an agency decision finding that a petitioner lacked diligence for equitable tolling purposes, notwithstanding the lack of a factual dispute.
- Thryv Inc. v. Click-To-Call Technologies, LP
The issue: Whether 35 U.S.C. § 314(d) permits appeal of the Board's decision to institute an IPR upon finding that § 315(b)'s one-year time bar did not apply. Title 35 U.S.C. § 314(d) reads, "The determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable."
December 10
- Maine Community Health Options v. United States
The issue: (1) Given the "cardinal rule" disfavoring implied repeals—which applies with "especial force" to appropriations acts and requires that repeal not be found unless the later enactment is "irreconcilable" with the former—can an appropriations rider whose text bars the agency's use of certain funds to pay a statutory obligation, but does not repeal or amend the statutory obligation, and is thus not inconsistent with it, nonetheless be held to impliedly repeal the obligation by elevating the perceived "intent" of the rider (drawn from unilluminating legislative history) above its text, and the text of the underlying statute?
(2) Where the federal government has an unambiguous statutory payment obligation, under a program involving reciprocal commitments by the government and a private company participating in the program, does the presumption against retroactivity apply to the interpretation of an appropriations rider that is claimed to have impliedly repealed the government's obligation?
- Holguin-Hernandez v. U.S.
The issue: Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sentence.
December 11
- Monasky v. Taglieri
The issue: (1) Whether a district court's determination of habitual residence under the Hague Convention should be reviewed de novo, as seven circuits have held, under a deferential version of de novo review, as the First Circuit has held, or under clear-error review, as the Fourth and Sixth Circuits have held.
(2) Where an infant is too young to acclimate to her surroundings, whether a subjective agreement between the infant's parents is necessary to establish her habitual residence under the Hague Convention.
- McKinney v. Arizona
The issue: (1) Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted.
(2) Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing.
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Senate confirms eight federal court judges
The U.S. Senate confirmed eight nominees to U.S. District Court judgeships.
Overall, the Senate has confirmed 172 of President Trump’s Article III judicial nominees—two Supreme Court justices, 48 appellate court judges, 120 district court judges, and two U.S. Court of International Trade judges—since January 2017.
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Steyer leads Democratic presidential candidates in Ballotpedia pageviews for the first time in 2019
Tom Steyer's campaign page on Ballotpedia received 4,081 views for the week of November 24-30. Steyer's pageview figure represents 11.8% of the pageviews for the week. Pete Buttigieg had 9.9% of the pageviews for the week, followed by Andrew Yang with 8.6%. This is Tom Steyer's first week this year leading in pageviews.
- Each week, we report the number of pageviews received by 2020 presidential campaigns on Ballotpedia. These numbers show which candidates are getting our readers' attention.
- Andrew Yang remains the leader in overall pageviews this year with 147,622. He is followed by Pete Buttigieg with 141,510 and Joe Biden with 131,910.
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Congressional candidate filing period to end in Texas
The major-party filing deadline to run for elected office in Texas is on December 9, 2019. Independent candidates must submit their declaration of intent to run on the same date, but the final filing deadline for independent candidates is June 25, 2020.
- The primary is scheduled for March 3, and the general election is scheduled for November 3, 2020.
- Texas’s statewide filing deadline is the fifth to take place in the 2020 election cycle. The next statewide filing deadline is on December 18 in Ohio.
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Is Congress in session?
Both the Senate and the House will be in session next week. Click here to see the full calendar for the first session of the 116th Congress.
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Where was the president last week?
- On Monday, Trump traveled to London.
- On Tuesday, Trump met with the President of the French Republic, the Prime Minister of Canada, and participated in NATO leaders events.
- On Wednesday, Trump participated in NATO events.
- On Thursday, Trump attended a luncheon with the Permanent Representatives of the United Nations Security Council and traveled back to the U.S.
- On Friday, Trump participated in a roundtable on small business and red tape reduction accomplishments.
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Federal judiciary update
- 97 federal judicial vacancies
- 58 pending nominations
- 18 future federal judicial vacancies
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The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.
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