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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 Tuesday morning.
Judge Ketanji Brown Jackson looks like a lock for the Supreme Court, while a $10 billion Covid prep bill is still a big question mark. A pivotal week for President Joe Biden and Congress already has some surprising twists, and it’s only Tuesday.
Jackson picked up support from two more Senate Republicans – Lisa Murkowski of Alaska and Mitt Romney of Utah – in a key procedural vote on Monday night. Murkowski and Romney joined Sen. Susan Collins (R-Maine) in backing KBJ, giving Senate Majority Leader Chuck Schumer a cushion in the nomination battle. And it puts the 51-year-old Jackson on track to become the first Black woman on the Supreme Court when she’s confirmed later this week. The only real question now is whether it happens on Thursday or Friday.
The backing by Murkowkski and Romney – who voted against Jackson’s nomination to a key appeals court post last summer – brings the end in sight to a contentious, often ugly confirmation process that saw Republicans accuse Jackson of being “soft” on child pornographers and other criminals. Jackson denied the accusations adamantly, and they provoked howls of protests from Democrats, the White House and Jackson’s allies. Murkowski’s statement endorsing Jackson’s nomination acknowledged how sordid the Senate battles over these high-court seats has become, and why she feels it needs to stop:
“It also rests on my rejection of the corrosive politicization of the review process for Supreme Court nominees, which, on both sides, is growing worse and more detached from reality by the year.”
Schumer is expected to file cloture on Jackson’s nomination this morning following a Senate procedural vote on Julia Ruth Gordon to be HUD’s assistant secretary.
Once Schumer does that, it will set up a vote to break the GOP filibuster on Thursday. Thanks to the backing from the GOP trio of Collins, Romney and Murkowski, cloture will be invoked at that time. Then there are up to 30 hours of debate allowed post-cloture, but Schumer is hoping the allure of the two-week Senate recess will lead to an agreement to speed up the process and give final approval to Jackson.
“This is a joyous and history-making moment for the Senate, a historic one: one hundred fifteen individuals have come before this chamber for consideration to the highest court in the land, but none – none – were like Judge Jackson,” Schumer said on the floor.
Which brings us to the other topic the Senate is wrestling with this week – the fate of the $10 billion Covid prep bill and whether Congress can pass it before leaving town. Right now, it seems like a tossup.
Romney – suddenly in the middle of everything – announced a bipartisan deal on the Covid package Monday afternoon. This came after days of behind-the-scenes talks involving Romney, Schumer, a host of other senators and Biden administration officials.
The cost of the new proposal is fully offset by recouping funds left over from 2021’s $1.9 trillion American Rescue Plan. Half of the redirected funding goes to HHS for research, development and manufacturing of therapeutics, while another $750 million is set aside to study “emerging coronavirus variants.” Congressional committees are to be notified of any changes in funding obligations, with a plan for how to spend the money due in 30 days.
While there is bipartisan support for the Covid package, there’s also opposition from different factions within the Senate, especially among Republicans. Amendment fights over immigration – including reinstating the use of Title 42 to restrict asylum requests at the southern border – are likely. A number of Democrats are upset as well over the lack of money for a global vaccination program, although they’re unlikely to sink the Covid bill over this omission.
So whether the Senate can complete work on this package before the recess, and how that occurs with Democrats intently focused on pushing through Jackson’s nomination this week, is still unclear.
Schumer got consent on Monday to hold a cloture vote on a shell vehicle for the Covid package.This could serve as a “test vote” to determine whether there are 60 votes for the Covid package. However, Schumer won’t move forward with that test vote – if he even does – until after he’s filed cloture on Jackson’s Supreme Court nomination.
Senate Minority Whip John Thune said GOP leaders will know more about the floor outlook after today’s party lunches. The No. 2 Republican broke down just how complicated voting on the Covid proposal could be:
“There’ll just be a question of whether or not there’s support for giving the [Democrats] consent. And if I were a betting man, I would say that probably wouldn’t be. …
“To slot it in between the judge votes, it would take consent. You’d have to figure out a way, and you’d have to have everybody on board with that strategy. So the question is whether there are folks on our side who would be satisfied with amendment votes and that would be sufficient along with a vote on [the bill]. We’ll see.”
Across the Capitol, a number of House Democrats are openly complaining over the lack of global vaccination money in the new package. These lawmakers argue that it’ll be impossible for the United States to move past the pandemic unless the rest of the world does too. And that means a global vaccination plan.
“I could not support a package without global COVID vaccination aid as we stand here right now,” Rep. Raja Krishnamoorthi (D-Ill.) warned Monday night. “Folks need to be really cognizant that there are a lot of folks here that are very concerned about this issue.”
Speaker Nancy Pelosi, however, issued a statement in support of the Senate package late Monday night, and she urged immediate action on the legislation, which has been long sought by the White House.
“With the bipartisan agreement reached today in the Senate, the Congress moves closer to delivering urgently needed funding for President Biden’s pandemic response. The House looks forward to considering this urgent package upon its passage in the Senate and sending it to the President’s desk for signature. While this agreement represents a strong step that we must enact now, we will continue working to do more to give the Administration the resources it needs to keep our families healthy and our communities safe.”
The early indication from House Republican leadership is that their members aren’t terribly interested in supporting this package. So once again, Pelosi is going to have to squeeze a big bill through the House with very little room for error.
Also: Remember when election reform was a thing? The bipartisan Electoral Count Act group – led by Sen. Susan Collins (R-Maine) – will meet at 5:15 p.m. today. The group has partnered with the American Law Institute to get input on how to reform the ECA.
PRESENTED BY TOYOTA
For 60 years, Toyota has been investing in America. What started as one lonely sales office in California is now an engineering and manufacturing enterprise with tens of thousands of Americans spanning 11 states.
Actually, make that an even dozen. We’re breaking ground on a state-of-the-art lithium-ion battery plant in North Carolina. Because we’re not just investing in America. We’re energizing America.
THE MONEY GAME
McCarthy’s record-breaking quarter
Some news: House Minority Leader Kevin McCarthy raised $31 million in the first quarter, what is believed to be the largest fundraising haul ever by a House Republican. This brings the California Republican to a total of $104 million raised for the 2021-22 cycle. He’s transferred $32 million to the NRCC, $5.6 million to GOP state parties and $12 million to vulnerable incumbents and challenger campaigns.
Takeaway: This is a lot of money, and it’s only on the hard-dollar side. McCarthy also frequently appears at events for dozens of individual members – picking up some personal chits along the way.
And he’s a big draw for the Congressional Leadership Fund, the House GOP leadership-aligned super PAC. Republicans are getting smoked by the DCCC, but CLF is far outraising House Majority PAC, the Democratic super PAC.
It seems as if every Republican leader outpaces the last in fundraising. Paul Ryan raised more money than John Boehner. And now McCarthy brings in piles more than Ryan did.
CHIPS!
Inside the CHIPS negotiating committee
Almost 10 months after the Senate passed its bill to boost U.S. semiconductor chip manufacturing and combat the technological rise of China, Congress is getting ready for a bicameral negotiation with the hopes of sending legislation to President Joe Biden’s desk at some point.
But first, a little score settling.
Behind the scenes: Speaker Nancy Pelosi has privately told House Democrats this week that lawmakers who revolted over a multi-billion dollar Covid preparedness package last month won’t be allowed to be part of the conference committee that’s negotiating the final chips package.
Pelosi’s edict will be felt across the House Democratic Caucus. Pelosi and her other House Democratic leaders were forced to yank $15 billion in Covid preparedness funds from the omnibus spending bill a month ago. This came after rank-and-file lawmakers from several blue states threatened to derail the legislation because they opposed the offsets used to “pay for” some of the package.
Now, Pelosi is getting her revenge as Congress tries to wrap up the massive technology bill.
This is important legislation for many members. Yet some of them will be completely shut out of the negotiations to finalize the package. This comes as House Democrats will likely be forced to swallow a Covid prep bill that’s billions less than Pelosi wanted and has no global vaccine funding (see above.)
Allies of the speaker say her red line on the House-Senate negotiations on the chips bill is because Democrats who rebelled on the omnibus threatened to take down the rule, effectively handing control of the floor to Republicans. That was instead of just voting against the underlying bill to express their opposition. Voting against a rule – or threatening to do so – is always a big deal for whichever party is running the House floor.
We’ve been reporting for the last few days about what the House-Senate conference negotiation on the chips bill will look like. Here’s more of what we’ve found out:
→ | First of all, conferences between the House and Senate are relatively rare these days. Outside of appropriations bills and the annual National Defense Authorization Act, bicameral negotiations don’t happen often anymore. The last notable negotiation was during Donald Trump’s presidency on the 2017 GOP tax cut. And that was really Republicans negotiating with Republicans. This current bill is wide open. |
→ | There are expected to be upwards of 90 lawmakers on the formal House-Senate conference negotiating committee. This is a gigantic collection of lawmakers, all of whom will have competing interests and priorities. |
→ | Pelosi could name House conferees as soon as today, we’re told. Pelosi spent Monday calling the chairs involved, telling them to assemble their lists of members. In total, 14 House committees have some jurisdiction over this legislation. However a majority of House conferees will come from the four main panels – Science, Energy and Commerce, Ways and Means and Foreign Affairs. |
Remember, typically in conference committees, House negotiators are unified around one position and Senate negotiators have another. In this instance, House Republicans and Democrats are deeply divided and will face a unified Senate, which passed its version of the chips bill on an overwhelmingly bipartisan basis last June.
PRESENTED BY TOYOTA
We’re breaking ground on a state-of-the-art lithium-ion battery plant in North Carolina. Because we’re not just investing in America. We’re energizing America.
→ | Happening tonight: Speaker Nancy Pelosi and DCCC Chair Sean Patrick Maloney will appear at a DCCC reception and dinner hosted by California Democratic Reps. Anna Eshoo and Doris Matsui. |
→ | House Budget Chair John Yarmuth (D-Ky.) is hosting a couple of events in D.C. today for Morgan McGarvey, the minority leader in the Kentucky Senate, who is running to replace the retiring congressman. |
FRONTS
PRESENTED BY TOYOTA
We’re not just investing in America. We’re energizing America.
MOMENTS
9 a.m.: The House Democratic Caucus and House Republican Conference will hold their weekly closed-door meetings.
10:15 a.m.: President Joe Biden and Vice President Kamala Harris will receive their intelligence briefing. … House Democratic Caucus Chair Hakeem Jeffries and Vice Chair Pete Aguilar will hold their weekly news conference.
10:45 a.m.: House Minority Whip Steve Scalise, Republican Conference Chair Elise Stefanik and Reps. Richard Hudson (N.C.) and Lauren Boebert (Colo.) will hold a news conference.
11 a.m.: House Majority Leader Steny Hoyer will hold his weekly pen-and-pad briefing.
1:30 p.m.: Biden, Harris and former President Barack Obama will speak about the Affordable Care Act in the Rose Garden.
3 p.m.: The Covid-19 team will brief.
3:30 p.m.: Jen Psaki will brief.
CLIP FILE
NYT
→ | “Up-Close Ukraine Atrocity Photographs Touch a Global Nerve,” by Rick Gladstone |
→ | “The C.D.C. will undergo a comprehensive re-evaluation, the agency’s director said,” by Roni Caryn Rabin |
“The War Moves East, as Putin Looks for a Victory,” by Thomas Gibbons-Neff in Kharkiv, Ukraine
WaPo
→ | “Town by town, Ukrainian prosecutors build Russian war crimes cases,” by Robert Klemko in Kosiv, Ukraine |
“Zelensky to address U.N. Security Council; U.S. warns of lengthy war,” by Amy Cheng
→ | “Hogan signs new Md. congressional map into law, ending legal battles,” by Meagan Flynn and Ovetta Wiggins |
AP
→ | “Stacey Abrams reaches millionaire status before 2nd campaign,” by Jeff Amy in Atlanta |
Bloomberg
→ | “U.S. Drones for Ukraine Will Include Latest Tank Killers,” by Anthony Capaccio |
Politico
→ | “Doug Jones got Jackson to the SCOTUS precipice. He’s also sherpa-ing himself,” by Marianne LeVine and Burgess Everett |
Milwaukee Journal Sentinel
→ | “’Now we are like one family’: Despite past tensions, Poles open their homes to Ukrainians in wake of war,” by Katelyn Ferral |
PRESENTED BY TOYOTA
For 60 years, Toyota has been investing in America. What started as one lonely sales office in California is now an engineering and manufacturing enterprise with tens of thousands of Americans spanning 11 states.
Actually, make that an even dozen. We’re breaking ground on a state-of-the-art lithium-ion battery plant in North Carolina.
While it’s gratifying to create even more well-paying jobs for Americans, it’s even better knowing the work they’ll do will help put even more electrified vehicles on the road.
Because we’re not just investing in America. We’re energizing America.
Editorial photos provided by Getty Images
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One size rarely fits all. That’s why Apollo provides custom capital solutions designed to help companies achieve their ambitious business goals. Think Credit New