Supreme Court to hear oral arguments in five cases
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Welcome to the Federal Tap! Find information on debates, Congress, 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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** GEORGIA'S KELLY LOEFFLER (R) BECOMES NEWEST U.S. SENATOR
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Kelly Loeffler ([link removed]) (R-Ga.) was sworn in to the U.S. Senate, becoming the 67th person to represent Georgia in that body. Loeffler is a businesswoman and co-owner of the Atlanta Dream WNBA team.

* On Dec. 4, Gov. Brian Kemp (R) announced he would appoint Loeffler to succeed former Sen. Johnny Isakson ([link removed]) , who resigned the seat on Dec. 31 due to health reasons. Isakson was first elected to the Senate in 2004 and was re-elected in 2010 and 2016.
* Isakson’s resignation means that a special election will be held on Nov. 3, 2020, to fill the remaining two years of his Senate term. Loeffler has said she will run for a full term in that contest.

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** SUPREME COURT BEGINS JANUARY SITTING, WILL HEAR FIVE CASES
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The U.S. Supreme Court will hear five cases this week. Click here ([link removed]) to read more about SCOTUS' current term.


** _JANUARY 13_
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* LUCKY BRAND DUNGAREES V. MARCEL FASHION GROUP ([link removed])

THE ISSUE: Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.

* Thole v. U.S. Bank ([link removed])

THE ISSUES: (1) May an ERISA plan participant or beneficiary seek injunctive relief against fiduciary misconduct under 29 U.S.C. 1132(a)(3) without demonstrating individual financial loss or the imminent risk thereof?

(2) May an ERISA plan participant or beneficiary seek restoration of plan losses caused by fiduciary breach under 29 U.S.C. 1132(a)(2) without demonstrating individual financial loss or the imminent risk thereof?

(3) Whether petitioners have demonstrated Article III standing.


** _JANUARY 14_
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* Kelly v. United States ([link removed])

THE ISSUE: Does a public official "defraud" the government of its property by advancing a "public policy reason" for an official decision that is not her subjective "real reason" for making the decision?

* Romag Fasteners v. Fossil ([link removed])

THE ISSUE: Whether, under section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer's profits for a violation of section 43(a), id. § 1125(a). The Lanham Act provides for a national system of trademark registration and trademark protection for federally registered marks.


** _JANUARY 15_
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* Babb v. Wilkie ([link removed])

THE ISSUE: Whether the federal-sector provision of the Age Discrimination in Employment Act of 1967, which provides that personnel actions affecting agency employees aged 40 years or older shall be made free from any "discrimination based on age," 29 U.S.C. §633a(a), requires a plaintiff to prove that age was a but-for cause of the challenged personnel action.

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** SIX DEMOCRATIC PRESIDENTIAL CANDIDATES TO DEBATE IN IOWA
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Six Democrats will participate in the seventh presidential primary debate on January 14: Joe Biden, Pete Buttigieg, Amy Klobuchar, Bernie Sanders, Tom Steyer, and Elizabeth Warren.

* Andrew Yang is the only candidate who participated in the Dec. 19 debate who did not qualify for this event.
* The debate will take place at Drake University in Des Moines, Iowa. CNN and _The Des Moines Register_ are hosting the event with Wolf Blitzer, Abby Phillip, and Brianne Pfannenstiel moderating.

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** CALIFORNIA'S HUNTER (R) ANNOUNCES RESIGNATION FROM U.S. HOUSE
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Congressman Duncan Hunter (R-Calif.) formally submitted his resignation from the House of Representatives to Speaker of the House Nancy Pelosi and California Governor Gavin Newsom. His resignation takes effect January 13.

* In December 2019, Hunter pleaded guilty to misuse of campaign funds and announced that he would resign 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. The indictment alleged that Hunter and his wife used $250,000 in campaign funds for personal use, including vacations, school tuition, and entertainment.
* Hunter is expected to serve jail time for the violations and is scheduled for sentencing on March 17, 2020.
* Gov. Newsom’s office announced that there will not be a special election for Hunter’s seat in 2020.

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** FILING PERIOD ENDS FOR CONGRESSIONAL CANDIDATES IN MISSISSIPPI
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The statewide filing deadline passed to run for U.S. Congress in Mississippi. In Mississippi, candidates filed for the following offices:

* U.S. Senate ([link removed]) (the incumbent, Cindy Hyde-Smith (R), filed for re-election)
* U.S. House ([link removed]) (four seats)

The primary is scheduled for March 10, and the general election is scheduled for November 3, 2020. If no candidate receives a majority of the vote in the primary, a primary runoff will be held on March 31.

Mississippi’s statewide filing deadline was on the same date as Kentucky; these were the eighth and ninth deadlines to take place in the 2020 election cycle. The next statewide filing deadline is on January 24 in Maryland.
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** YANG LEADS DEMOCRATIC PRESIDENTIAL CANDIDATES IN BALLOTPEDIA PAGEVIEWS FOR THIRD STRAIGHT WEEK
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Last week, Andrew Yang led all Democratic campaigns in pageviews ([link removed]) . His campaign page was viewed 1,903 times, or 11.9% of pageviews for all Democratic campaigns. He was followed by Bernie Sanders with 11.6% of pageviews and Joe Biden with 10.2%.

As in previous weeks, every other Republican candidate led Donald Trump in pageviews. Trump received 1,072 pageviews, while Joe Walsh received 1,816, Bill Weld received 1,766, and Roque de la Fuente received 1,626.

Each week, we report the number of pageviews received by 2020 presidential campaigns on Ballotpedia. These numbers reflect the time investments of our community of thousands of readers.

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** FILING PERIOD ENDS FOR CONGRESSIONAL CANDIDATES IN KENTUCKY
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The statewide filing deadline passed to run for U.S. Congress in Kentucky. In Kentucky, prospective candidates filed for the following offices:

* U.S. Senate ([link removed]) (the incumbent, Senate Majority Leader Mitch McConnell (R), filed for re-election)
* U.S. House ([link removed]) (six seats)

The primary is scheduled for May 19, and the general election is scheduled for November 3, 2020.

Kentucky’s statewide filing deadline was on the same date as Mississippi; these were the eighth and ninth deadlines to take place in the 2020 election cycle.
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** IS CONGRESS IN SESSION?
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The House will be in session January 13-16. The schedule for the Senate is not yet available. Click here ([link removed]) to see the full calendar for the second session of the 116th Congress.

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** WHERE WAS THE PRESIDENT LAST WEEK?
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* On Monday, Trump participated in a credentialing ceremony for newly appointed ambassadors to Washington, D.C.
* On Tuesday, Trump met with the Prime Minister of the Hellenic Republic.
* On Wednesday, Trump delivered remarks to address the Iranian missile attack on U.S. bases in Iraq.
* On Thursday, Trump spoke at a Keep America Great rally in Toledo, OH.
* On Friday, Trump met with the secretary of state and participated in a Fox News interview.

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** FEDERAL JUDICIARY UPDATE
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* 81 federal judicial vacancies
* 16 pending nominations
* 12 future federal judicial vacancies

BALLOTPEDIA DEPENDS ON THE SUPPORT OF OUR READERS.

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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