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November 21, 2022
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PRESENTED BY
THE TOP
Happy Monday morning.
A quick programming note: We’re only publishing our AM edition for Monday to Wednesday this week. We’ll be back to our full schedule next week.
It may have gotten lost somewhat in the run-up to Thanksgiving or “Trump’s return to Twitter” non-drama or the horrific mass shooting in Colorado Springs, but this New York Times’ story on the 2014 Hobby Lobby decision could have long-lasting implications for the high court.
The nation’s leading newspaper reported that Justice Samuel Alito may have leaked the outcome of the Hobby Lobby case to a well-connected conservative couple. The Rev. Rob Schenck, an anti-abortion rights activist turned whistleblower, is the source of this allegation, which Alito has strongly denied. Here’s Jodi Kantor and Jo Becker for the NYT:
In the wake of May’s leak of the draft decision overturning Roe v. Wade to Politico – the source of which still hasn’t been identified publicly – there’s been renewed attention given to efforts to lobby or sway the justices, especially by conservative groups and activists. And this report again calls into question the ethical standards used by Supreme Court justices.
Here’s Senate Judiciary Committee Chair Dick Durbin:
Supreme Court justices aren’t covered by the Code of Conduct for United States Judges. As the Congressional Research Service notes, “Although the Justices consult the Code, along with other sources, for guidance when performing their judicial duties, the Court is not presently subject to a defined body of general ethical rules.”
Sen. Sheldon Whitehouse (D-R.I.) and Rep. Hank Johnson (D-Ga.), who have raised questions publicly about how conservative groups have attempted to influence the high court, released a letter they privately sent in September to Chief Justice John Roberts outlining their concerns with Schenck’s former group, Faith and Action, and a successor organization, Faith and Liberty. Whitehouse and Johnson were responding to reports in Politico and Rolling Stone about “Operation Higher Court,” a purported campaign by Schenck to target Alito and Justices Clarence Thomas and the late Antonin Scalia, in particular by appealing to their religious or personal views.
Whitehouse has been extraordinarily outspoken on this issue, outlining in a series of speeches the efforts by the Federalist Society and conservative activists to advance the careers of potential Supreme Court nominees, and then trying to influence the cases the justices take up.
Here’s Whitehouse and Johnson:
The Wrights reportedly had grown close to Alito and Scalia – especially Alito. The Wrights, who were donors to Schenck’s group, repeatedly socialized with Alito and his wife. The couple attended oral arguments for the high court as guests of Alito and Scalia. And they gave to the Supreme Court Historical Society, a private non-profit group “dedicated to the collection and preservation of the history of the Supreme Court of the United States.”
In the NYT article, Schenck also said he targeted Supreme Court officials to help his former organization and its supporters gain access to the justices.
Based on everything that’s unfolded during the last few months, we’d be surprised if Schenck doesn’t appear before the Senate Judiciary Committee at some point.
The outcome of the Georgia Senate runoff will also have an impact on a potential Judiciary Committee probe into this issue. Right now, because of the power-sharing agreement for the 50-50 Senate, the Judiciary Committee can only issue subpoenas on a bipartisan basis, which isn’t going to happen. But if Democrats win Georgia, they will have 51 seats, and also will have the ability to issue subpoenas on their own.
– John Bresnahan
TODAY: Join us for a virtual one-on-one conversation with Rep. Suzan DelBene (D-Wash.) at 12 p.m. ET. We’ll be talking to her about the importance of privacy and security in new and existing technologies. It’s the second event in our three-part series, “Building Trust in Technology.” RSVP here.
JOBS, JOBS, JOBS
Biden helping defeated House Dems, aides with jobs
The Biden administration is prioritizing getting jobs for defeated House Democrats and their aides, a White House official told us.
White House Chief of Staff Ron Klain has asked the Presidential Personnel Office “to look at any existing Executive Branch openings that might be appropriate for Members of the House who lost their seat and House staffers impacted, giving those ex-Members and staff losing jobs due to the change of control, a priority in the process,” according to a White House official.
This is standard operating procedure for the White House for defeated incumbents of the same party. Because of a better-than-expected Democratic showing on Election Day, it’s not going to be a long list of members. Staffers, however, will be more in need of gigs.
There are lots of former House Democratic lawmakers and aides in the Biden administration already. The list includes HUD Secretary Marcia Fudge, HHS Secretary Xavier Becerra, Interior Secretary Deb Haaland, U.S Trade Representative Katherine Tai and OMB Director Shalanda Young, just to name a few.
Biden counselor Steve Ricchetti and White House Legislative Affairs Director Louisa Terrell are directing this effort.
– Jake Sherman
OVERSIGHT WATCH
The Democrats who want to lead the fight against GOP investigations
As House Republicans gear up to investigate President Joe Biden’s family business dealings, problems at the U.S.-Mexico border, Covid’s origins and more, three House Democrats are vying to be one of their party’s key figures in this effort.
Democratic Reps. Gerry Connolly (Va.), Jamie Raskin (Md.) and Stephen Lynch (Mass.) are all running to be ranking member on the House Committee on Oversight and Reform. Democrats will pick their committee leaders in December.
Whoever comes out on top of this contest will go up against incoming Oversight Committee Chair James Comer (R-Ky.) and be on the frontline of Democratic defenses against an onslaught of GOP probes.
Here’s our cheat sheet on the three candidates:
Gerry Connolly
Who Connolly is: Connolly, a pugnacious Virginia Democrat, has served on the Oversight Committee since 2009. He’s currently the chair of the subcommittee on government operations.
The pitch: Connolly bills himself as the “number one legislator” on the Oversight Committee. “I’ve had more bills introduced and marked up and brought to the floor of the House than anybody else in this race,” Connolly told us.
Connolly likely sees Raskin as his biggest competitor, as evidenced by this response on how Connolly views the role of the ranking member:
How Connolly would fight back against Republican investigations: Connolly cited his experience combating former Oversight Chair Darrell Issa (R-Calif.) during former President Barack Obama’s administration.
“We’ve got to be prepared to make sure the American public and media know the truth and know the facts. And we’ve got to basically counter their fallacious arguments at every turn,” Connolly said. “You’ve got to do your homework, you’ve got to be strategic. You’ve got to be organized.”
Connolly ran for Oversight chair in 2019 but lost to Rep. Carolyn Maloney (D-N.Y.). Maloney, of course, was defeated by Rep. Jerry Nadler (D-N.Y.) in a primary this year.
Jamie Raskin
Who Raskin is: Raskin is a former constitutional law professor who was elected to the House in 2016. Raskin serves as the chair of the subcommittee on civil rights and civil liberties. But Raskin is far better known nationally for his roles on the Jan. 6 select committee and during the impeachment of former President Donald Trump.
The pitch: Raskin told us he’s thrown himself “heart and soul into the defense of American government and our beautiful experiment in democracy,” showcasing his penchant for rhetorical flourishes that have delighted liberals during his time on the Jan. 6 panel.
“I’ve devoted my time in office to the defense of our constitutional order, and transparency, accountability and integrity,” Raskin added. “And I led the House impeachment managers over in the Senate trial in the second impeachment trial of President Trump.”
How Raskin would fight back against Republican investigations: Raskin dismissed potential GOP probes into the Biden family as “wild goose chase hearings” that “would be an enormous waste of public energy and time.”
“Democrats will have to act as a truth squad to correct the propaganda disinformation and lies that have become the standard operating procedure of Donald Trump’s followers in the Republican caucus,” Raskin said.
Another boost for Raskin: David Brock, the Democratic operative who last week launched a nonprofit to combat GOP investigations, is backing Raskin for the top spot.
“Democrats need a strong advocate and effective communicator as ranking on Oversight. In my judgment Jamie Raskin, a star impeachment manager, is right for this job,” Brock told us.
Nadler, currently the Judiciary Committee chair, is also supporting Raskin.
Stephen Lynch
Who Lynch is: Lynch is the longest serving Oversight Committee Democrat campaigning for the role of ranking member. The Massachusetts Democrat has been on the panel for more than 20 years and is currently the chair of the subcommittee on national security.
The pitch: Lynch is heavily leaning into the experience theory of the case, arguing he is “by far the most senior member of the Oversight Committee seeking this position.”
Lynch says his record serving as a chair or ranking member on an Oversight subcommittee for the past 17 years is “unmatched by any Committee member.”
How Lynch would fight back against Republican investigations: Lynch cites his experience in fighting “proudly against Republican legislative attacks,” in the arenas of regulation, rights of federal employees, D.C. Home Rule and Postal Service reform.
Lynch went up against Maloney and Connolly for the top spot in 2019 following the death of then-Chair Elijah Cummings (D-Md.).
We’ve talked to more than a dozen Democrats in the caucus and it seems to be a very close race between Connolly and Raskin. Connolly is obviously the more senior member and has essentially been running for the job since losing out the first time in 2019.
Raskin, meanwhile, has continually impressed his colleagues with his performance during high-stakes moments. And after three terms in Congress, Raskin is much more Democratic bulldog and less of a constitutional law professor on the dais — although that side still comes out now and again.
— Max Cohen
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THE CAMPAIGN
| → | Sen. John Cornyn (R-Texas) is hosting a fundraiser with Senate Minority Leader Mitch McConnell for Georgia Republican Senate candidate Herschel Walker on Sunday, Nov. 27, in Dallas. Walker faces Democratic Sen. Raphael Warnock (Ga.) in a Dec. 6 runoff. |
| → | Speaking of Warnock, the Democratic incumbent has a new ad up statewide focusing on character. |
“Character is what you do when nobody’s watching. It’s about doing the right thing simply because it’s the right thing, and doing it over and over again,” Warnock says in the ad. Warnock is making allegations of repeated personal and business improprieties by Walker a central part of his appeal during the runoff.
– John Bresnahan and Jake Sherman
DOWNTOWN DOWNLOAD
| → | Meta has hired Stewart Jeffries to lobby on “Issues and discussions related to technology and the Internet including privacy, security, competition, copyright piracy issues; online advertising, content and platform transparency efforts.” |
Jeffries is a former Google official who also worked for House Republicans on the Judiciary Committee. The Judiciary Committee is going to be a nerve center for investigations into Big Tech platforms in the new House Republican majority.
– Jake Sherman
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