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PRESENTED BY
BY JOHN BRESNAHAN, ANNA PALMER, JAKE SHERMAN AND HEATHER CAYGLE
WITH MAX COHEN AND CHRISTIAN HALL
THE TOP
Happy Thursday morning.
Ketanji Brown Jackson is on the cusp of history.
The 51-year-old is about to become the first Black woman confirmed as a Supreme Court justice. Senate Majority Leader Chuck Schumer announced that he expected the vote to take place at around 1:45 p.m. today.
And as it rushes toward the two-week Easter recess, the Senate will also vote on two high-profile measures to strip Russia and Belarus of their preferential trade status and codify the ban on Russian oil imports into the United States. Both bills will now head back to the House, which could take them up as early as today, per House Majority Leader Steny Hoyer.
But Jackson’s ascension to the Supreme Court, of course, is the big story of the day, week and month for President Joe Biden and Schumer. Jackson will replace the retiring Justice Stephen Breyer, who she clerked for back in 1999-2000.
For Biden, a long time chair of the Senate Judiciary Committee, he’s now pulled off the unprecedented feat of both naming and overseeing the confirmation of a Supreme Court justice. It’s a huge moment too for Schumer, who has had to endure a 50-50 Senate longer than any majority leader in history.
“It will be a joyous day: joyous for the Senate, joyous for the Supreme Court, joyous for America,” Schumer said on the floor Wednesday night, repeating a theme he’s pushed since it became clear Jackson would be confirmed. “While we still have a long way to go, America tomorrow will take a giant step to becoming a more perfect nation.”
We’ve said this before, and we’re repeating it again here – Jackson’s confirmation means that for the first time in U.S. history, white men won’t be the majority on the Supreme Court. This is an enormous change for the high court, which for the first 170-plus years of its existence had only white men as justices. Four of the justices will be women once Jackson takes her seat. Two of them will be moms. As Biden said when he nominated Jackson, the Supreme Court will begin to look more like America – and we’ll add: But only if everybody went to Harvard or Yale for law school.
This is also a win for Senate Judiciary Committee Chair Dick Durbin. The 77-year-old Durbin handled Jackson’s confirmation in the same low-key manner that he has for pretty much everything else, and it worked. The Illinois Democrat was quietly effective, and he pushed back hard on Republicans when he needed to without overplaying his hand.
Here are some other points to consider:
→ | Biden’s big bet on Jackson worked. Jackson’s confirmation to the Court of Appeals for the D.C. Circuit in June 2021 was seen as a dress rehearsal for a possible Supreme Court nomination. That’s exactly what it turned out to be. |
GOP Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) backed Jackson for the appeals court last summer, and they’re backing her for the Supreme Court now. Democrats lost Sen. Lindsey Graham (R-S.C.), who wanted another nominee – J. Michelle Childs – but they picked up Sen. Mitt Romney (R-Utah). The outcome then was a 53-44 vote. It will be very close to the outcome now.
→ | Durbin was right. Even before Jackson was nominated, Durbin noted that a nominee who had recently been vetted by the Judiciary panel – or was going through the process – would be easier to confirm, a requirement that Jackson easily met. We’re not saying Durbin was calling for Biden to pick Jackson, but he certainly made clear to anyone who would listen that she’d be the ideal candidate for Democrats in a 50-50 Senate. |
→ | Jackson won’t change the ideological makeup of the court. While Jackson’s confirmation is historic, it won’t change the ideological balance on the high court. And that took away much of the heat from this fight. Conservatives have a 6-3 majority on the court. With upcoming decisions on abortion, guns, religion and other cultural touchstones, that conservative majority will continue to put its imprint on the country. |
→ | The White House and Senate Democrats handled the confirmation efficiently. Jackson was nominated on Feb. 25. Today is April 7th. That’s 42 days from start to finish. It’s not quite Amy Coney Barrett fast, but it’s fast by any historical standard. It’s also very close to the 40-day timeline Biden set out originally. |
The Russian invasion of Ukraine and Sen. Ben Ray Lujan’s (D-N.M.) health problems didn’t derail the confirmation process either. Lujan, thankfully, has recovered from his stroke and will be voting for Jackson’s confirmation today.
→ | Early outreach to Collins, Murkowksi and Romney paid off. Biden and Durbin reached out to Collins and Murkowski even before the president selected a nominee. Romney was also seen as a potential “yes” vote by Durbin and the White House. Substance matters to these GOP senators. They’re comfortable discussing policy, and the fact that Jackson is obviously well qualified for the post made it easier to back her. What was important was not making the process feel rushed either. Collins voted against now Justice Amy Coney Barrett in 2020 because she disagreed with how quickly her nomination was rushed through the Senate. |
→ | Jackson’s confirmation was never really in doubt. There was little chance that Jackson would fail to get the support of all 50 Senate Democrats, but the White House and Schumer weren’t taking any chances. Sen. Joe Manchin’s (D-W.Va.) opposition has helped tank several of Biden’s nominees, including Sarah Bloom Raskin’s return to the Federal Reserve, so Democratic leaders paid close attention to his comments. |
Yet Manchin voted for Jackson’s appointment to the appeals court last summer. He was also a senator when she first became a federal district judge in 2013. The Senate confirmed her by voice vote on that occasion.
Once Manchin announced his support for Jackson on March 25, Jackson’s rise to the Supreme Court was all but assured. The only question was how many GOP votes there would be.
→ | The child pornography controvery was ugly and backfired on GOP. We were surprised that Jackson didn’t handle GOP questions very well over the sentences she handed down for defendants in several child pornography cases. Sen. Josh Hawley (R-Mo.) was particularly effective on this issue during his opening round of questioning. There was quiet grumbling from several Judiciary Committee Democrats about why Jackson wasn’t better prepared for Hawley’s inquiries, especially since the Missouri Republican had publicly declared his intentions. |
Yet the repeated grilling of Jackson on the topic in a combative, even dismissive way by other Republicans ended up damaging the GOP cause. By the second day of questioning, Durbin refused to delay the proceedings as Republican senators demanded more information on these cases. Jackson – unfailingly polite – declined to respond to their harsh questions. These tactics may have played well for the 2024 Republican presidential hopefuls with conservative media outlets, but it actually aided Jackson. There was a definite backlash with Judiciary Democrats and progressive allies outside Congress. Sen. Cory Booker’s (D-N.J.) emotional interaction with Jackson was the highlight of the hearings for many.
Reminder: Join us in person in Detroit or tune in virtually to watch our conversation with Senate Homeland Security Committee and DSCC Chair Sen. Gary Peters (D-Mich.) Friday morning at 9 a.m. E.T. RSVP here.
PRESENTED BY TOYOTA
When you create a couple thousand jobs here and a couple thousand there, it starts to add up.
In the 60-plus years we’ve operated in the U.S., we’ve become part of communities in 11 states by creating tens of thousands of well-paying jobs.
And we’re making it an even dozen when our lithium-ion battery plant comes online in North Carolina. We’re energizing America by creating jobs building the future of electrified vehicles.
NEW EVENT ALERT!
We’re excited to announce the first event in our new three-part “Investing in Tomorrow, Today” series in partnership with Apollo Global Management. We’re kicking off the series on Wednesday, April 27 at 9 am E.T. with an interview with House Financial Services Committee Ranking Member Rep. Patrick McHenry (R-N.C.) about equitable access to capital and credit. Apollo CEO Marc Rowan will join Anna and Jake afterward for a fireside chat. Join us in-person at The Showroom or stream it virtually. RSVP today!
THE MONEY GAME
News: GOP super PAC continues to crush House Dem orgs
If you talk to Democrats involved in the battle for control of the House, one of their biggest concerns is that the Congressional Leadership Fund and the related American Action Network – a pair of groups that support House Republicans and their policies – are dramatically outraising their Democratic counterparts. During 2021, CLF and AAN raised a combined $110 million. House Majority PAC, the Democratic super PAC, and House Majority Forward, its related non-profit, pulled in $55 million.
Well, here’s some news: CLF alone raised $37.5 million in the first quarter of 2022 and has $93.5 million in cash on hand.
House Majority PAC and House Majority Forward pulled in $16 million in th first quarter. HMP reported just under $46 million in cash on hand at the end of February.
In other words, CLF – backed by House Minority Leader Kevin McCarthy – by itself raised more than double what HMP and HMF raised together.
Oof.
Fundraising isn’t everything, of course. But the disparity here is stunning in what’s already shaping up to be a tough cycle for the razor-thin House Democratic majority.
CLF’s fundraising total is seven times more than it raised in the same quarter last cycle, and they have three times as much in the bank than they did in March of 2020.
DCCC Chair Sean Patrick Maloney, who has publicly and privately griped about CLF outraising HMP, complained in an interview with us about CLF raising money from “a bunch of big oil companies” and “big drug companies.” He also told us this about CLF’s massive cash advantage:
“It’s significant and we take it very seriously. But you’d much rather have the firepower at the candidate level or at the campaign committee level. But look, we know what we’re up against. We’re the underdogs. And part of that is we’re taking on big oil and Big Pharma, trying to get you lower prescription drug prices, trying to do something about the price of gas and the Republicans won’t.”
The fundraising game has changed drastically during the last decade. The House and Senate super PACs are at least as important as the official campaign committees. McCarthy and congressional leaders in both chambers spend a huge chunk of their time reaching out to major donors for the super PACs, which have autonomy from the official party structure. There are strict limits in the size of contributions that lawmakers can seek from these mega-donors, but it’s the relationships – and access – that matter. Someone else actually gets handed the big-dollar checks.
It’s worth noting: The DCCC is outraising the NRCC.
Also: House Republican Conference Chair Elise Stefanik raised $2 million in the first quarter of 2022 for her re-election account, E-PAC, Elise Victory Fund and for GOP candidates. She’s raised more than $12 million this cycle and transferred more than $2 million to the NRCC.
PRESENTED BY TOYOTA
Toyota has become part of communities in 11 states by creating tens of thousands of well-paying engineering and manufacturing jobs. Make that 12 states.
→ | Here’s a good example of ads you will see around the country this summer and fall. This ad, aimed at Democratic Gov. Laura Kelly in Kansas, notes the steep price increase in everyday goods caused by inflation. Of course, this isn’t Kelly’s fault – inflation is at a 40-year high – but Get Families Back To Work, which is running this ad, is hanging it around the governor’s neck. Thanks to AdImpact. |
FRONTS
PRESENTED BY TOYOTA
We’re energizing America by building the future of electrified vehicles.
MOMENTS
10:15 a.m.: President Joe Biden and Vice President Kamala Harris will get their intelligence briefing.
10:45 a.m.: Speaker Nancy Pelosi will hold her weekly news conference.
12:30 p.m.: Reps. Joe Neguse (D-Colo.), Abigail Spanberger (D-Va.), Pramila Jayapal (D-Wash.) and Sen. Jeff Merkley (D-Ore.) will hold a news conference on stock trading by members of Congress.
1 p.m.: Jen Psaki will brief.
CLIP FILE
NYT
→ | “F.D.A. Panel Explores Challenges of Revamping Coronavirus Vaccines,” by Sharon LaFraniere |
→ | Washington Memo: “An Invisible Party Crasher Has Washington Feeling Uneasy,” by Katie Rogers |
→ | “Eric Boehlert, Media Critic and Writer, Dies at 57,” by Katie Robertson |
WaPo
→ | “Biden at war: Inside a deliberate yet impulsive Ukraine strategy,” by Ashley Parker, Tyler Pager and Marianna Sotomayor |
→ | “In Bucha, the scope of Russian barbarity is coming into focus,” by Max Bearak and Louisa Loveluck in Bucha, Ukraine |
→ | “2 men accused of posing as federal officers to get near Secret Service,” by Spencer S. Hsu and Clarence Williams |
WSJ
→ | “Fed Signals Faster Pace of Rate Increases, Likely Bond Runoff,” by Nick Timiraos |
→ | “Biden Preparing to Announce Pair of SEC Nominees,” by Paul Kiernan and Andrew Ackerman |
AP
→ | “Ukraine seeks arms from NATO as fight looms on eastern front,” by Adam Schreck |
Reuters
→ | “China warns U.S. against House Speaker Pelosi visiting Taiwan,” by Martin Quin Pollard |
Politico
→ | “Local conservatives revolt against Trump House favorite,” by Natalie Allison |
PRESENTED BY TOYOTA
When you create a couple thousand jobs here and a couple thousand there, it starts to add up.
Toyota has been operating in the United States for 60 years now, and in that time we’ve become part of communities in 11 states by creating tens of thousands of well-paying engineering and manufacturing jobs.
Soon those states will number an even dozen, when our state-of-the-art lithium-ion battery plant comes online in North Carolina.
We’re energizing America by creating jobs building the future of electrified vehicles.
Editorial photos provided by Getty Images
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