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PRESENTED BY
THE TOP
Happy Wednesday morning.
House and Senate Democrats are pushing a series of abortion votes this week and later in July, even though they acknowledge there’s little chance that any of the proposals will become law.
The House will vote tomorrow on legislation to codify abortion access nationally, as well as allowing women to travel freely to obtain abortions. Also under consideration are bills to protect women’s health data from being used in criminal or civil abortion cases and a federal prohibition on any restrictions on contraception. Democrats are also eyeing a bill guaranteeing the right to same-sex marriage.
This legislative blitz comes as the White House, stung by criticism that it failed to respond forcefully enough to the June 24 Supreme Court decision overturning Roe v. Wade, has stepped up both its activity and its outreach to lawmakers.
Following an executive order signed by President Joe Biden last week, the Justice Department has created a “Reproductive Rights Task Force” that will take “proactive and defensive legal action” to help women seeking abortions in states where it’s legal, prevent states from banning Mifepristone, or try to “impose criminal or civil liability” or the health-care workers who provide abortions in cases of medical emergency.
This is new: Health and Human Services Secretary Xavier Becerra will meet with the Congressional Progressive Caucus today to discuss executive actions on abortion, including what other moves the Biden administration can make. Becerra is a former CPC member.
Biden has acknowledged that none of the steps he’s ordered so far will restore access to abortion services for the millions of women living in the states where it’s now banned or severely restricted. Only Congress can do that, and Republicans on Capitol Hill have the votes to block any such legislation.
Yet the White House and Democratic leaders on the Hill have publicly vowed to keep pressing on the issue, and they’re trying to turn it into a rallying cry for the party heading into the November midterms.
On Thursday, the House will take up two bills: one to codify abortion rights guaranteed under Roe v. Wade, and another that would prohibit states from restricting the ability of women to travel for an abortion. Both measures are expected to pass but won’t go anywhere in the Senate due to GOP opposition.
Senate Democrats, led by Sens. Patty Murray (Wash.), Catherine Cortez Masto (Nev.), Sheldon Whitehouse (R.I.) and Kirsten Gillibrand (N.Y.), also introduced legislation on Tuesday barring states from prosecuting women who travel to another state for an abortion, plus the health-care providers who carry out the procedure. Democrats will seek unanimous consent to bring up the measure on Thursday, although Republicans are sure to object.
The House could also vote on legislation later this month protecting digital reproductive health data. This proposal was mentioned by Speaker Nancy Pelosi in a recent “Dear Colleague” letter on how Democrats will respond to the Roe ruling.
In addition, House Democrats want to move legislation guaranteeing access to contraceptives, said multiple lawmakers and aides.
“We’re going to be in [the Judiciary Committee] with a birth control bill to help protect Griswold,” Assistant Speaker Katherine Clark (D-Mass.) told us. Griswold v. Connecticut was a 1965 Supreme Court ruling that said married couples had the right to buy and use contraceptives. It was a critical legal decision establishing that a right to privacy existed within the Constitution.
But there is debate among top Democrats about whether to vote on Rep. Sara Jacobs’ (D-Calif.) reproductive data bill or a bipartisan privacy bill currently working its way through the Energy and Commerce Committee.
Privately, some Democrats have expressed concerns over how to craft bills in such a way that paint the entire Republican Party as extreme on abortion and not give the GOP political cover. The last thing they want to do is put legislation on the floor that swing district Republicans can support and campaign on, multiple Democrats told us.
Pelosi told us in an interview Tuesday that she isn’t concerned whether these votes would give Republicans political cover on the issue of abortion rights. Here’s Pelosi:
“All I’m worried about is women having access to safe reproductive freedom. I don’t care about the Republicans. Have you caught onto that?”
We also asked DCCC Chair Sean Patrick Maloney about this Tuesday night. Maloney said he’s not worried whether the series of bills Democrats plan to put on the floor may give Republicans a political advantage in swing districts. Here’s Maloney:
“We’re going to protect Roe and that’s what these votes are going to make clear. Every Republican running for office, whether an incumbent or a challenger, owes it to the American people to say whether they will vote to ban abortion nationwide or whether they’ll protect Roe.”
Democrats have been pushing Biden and administration officials, including Becerra, to declare a public health emergency in response to the Supreme Court decision. Biden said Sunday he’s still considering the idea, which some in the administration have argued would be more symbolic and have little practical impact.
Some Democrats have called on Biden to allow abortion clinics to be set up on federal property in states where the procedure is banned, including on military bases and national parks. So far, there’s no sign the White House believes it has any authority to implement such steps.
Rep. Alexandria Ocasio-Cortez (D-N.Y.) sees a “crisis on the court” spurred by the abortion decision. Ocasio-Cortez pointed to statements from Sens. Susan Collins (R-Maine) and Joe Manchin (D-W.Va.) suggesting they were misled on Roe v. Wade by Justices Neil Gorsuch and Brett Kavanaugh during their Senate confirmation hearings and private meetings. And the New York Democrat would like to see Justice Clarence Thomas impeached and removed from the high court over his wife Ginni Thomas’ political activities, including her efforts to overturn the 2020 presidential election.
“I think the severity of this moment requires every option to be on the table,” Ocasio-Cortez said.
“I believe impeachment should be on the table. I believe [Supreme Court] expansion should be on the table. I believe that an ethics rule should be on the table. I believe recusal requirements should be on the table. All of it should be considered right now. And we shouldn’t be [ruling] any tools out because of the degree with which this court has gone rogue.”
Also happening today: Veterans Affairs Secretary Denis McDonough will speak at the weekly New Dems lunch. House Armed Services Chair Rep. Adam Smith (D-Wash.) will also speak to discuss legislative action on veterans’ issues and the NDAA.
And … The consumer price index for June – the main measure of inflation – will be released at 8:30 this morning.
– John Bresnahan, Heather Caygle and Jake Sherman
New: Join us for a Pop-Up Conversation on the chips shortage with Deputy Commerce Secretary Don Graves at the Roost on Tuesday, July 26 at 9 a.m. ET. We will interview Graves about the future of American innovation and the role of technology policy in shaping U.S. leadership in science and research. Afterward, Dr. Darío Gil, SVP and Director of Research at IBM will join us for a fireside chat. The conversation is presented by IBM. RSVP here!
PRESENTED BY COALITION FOR APP FAIRNESS
For too long, Apple & Google have abused their monopoly power to eliminate competition on mobile devices. For consumers, that has meant fewer choices, reduced innovation and higher costs.
And consumers know it. 83% of voters agree that the Open App Markets Act will give them more freedom to decide how and what apps are downloaded on their phones.
It’s time for Congress to pass the Open App Markets Act.
CHIPS!
News: Raimondo and Austin warn about national security consequences on chips
Commerce Secretary Gina Raimondo and Defense Secretary Lloyd Austin are sending a letter to House and Senate leaders this morning urging passage of the CHIPS bill in “the coming weeks,” warning of a potential national security crisis and steep economic consequences if Congress doesn’t act.
This legislation, part of the broader USICA package to boost U.S. high-tech competitiveness with China, would provide tens of billions of dollars in financial support for the U.S. semiconductor industry.
Raimondo is scheduled to take part in a classified briefing by senior Biden administration officials this afternoon for senators on “global innovation and the technology race,” including the impact these proposals would have on U.S. national security.
Here’s the Raimondo-Austin letter and here are the important excerpts:
Fully funding the Creating Helpful Incentives to Produce Semiconductors (CHIPS) in America Act, included in both House and Senate versions of the bill, is the only way to reduce our reliance on foreign-produced semiconductors. This funding is critical for our national security, will advance domestic supply, create good-paying jobs and will catalyze billions more in private investment.
If these funds are not appropriated in the coming weeks, the United States will miss out on the current wave of semiconductor investment. Chip producers must make capital expenditure decisions now to meet the enormous increased demand. If we do not act, they will expand in countries that are already aggressively offering incentives, rather than here in the United States. …
Historically, investment in the industry happens in waves that surge and subside, with this pattern repeating every 5-7 years. If we miss this window, the United States will fall further behind in global semiconductor production and jeopardize our advantage in next generation design. Further, we will entrench our overdependency on other nations for our semiconductors – a vulnerability that requires immediate action.
Raimondo and Austin make a national security argument here, which is somewhat new, and dovetails with the message we expect Raimondo and other administration officials to deliver today.
Funding the CHIPS Act is critical to our national defense. Weapon systems employed on the battlefields of today and emerging technologies of tomorrow depend on our access to a steady, secure supply of microelectronics. Immediate passage will revitalize the domestic semiconductor manufacturing industry and enable game-changing capabilities our war-fighters need.
It will also enable the Department of Defense to help on-shore critical capabilities and innovate within our national defense industrial base, further assisting American small businesses move across the defense acquisition “valley of death” that too often swallows promising technologies before they reach the battlefield.
We’ve written extensively about how the CHIPS bill – and the broader USICA package – is in trouble. Senate Minority Leader Mitch McConnell has threatened to hold it up if Democrats decided to advance reconciliation.
Well, Democrats are advancing a reconciliation package, and McConnell acknowledged two potential offramps, which we wrote about in Tuesday’s AM edition – the House could simply pass the Senate’s USICA bill or Congress could approve $52 billion in funding for semiconductor manufacturers as a stand-alone bill. There are serious hurdles for both of those options.
The House is in no position to pass the Senate’s USICA bill, nearly everyone in the leadership acknowledges. And we aren’t quite at the phase yet where Congress will try to pass a $52 billion chip funding package. That’s not to say Congress will never get to that point, it’s just not there yet.
– Jake Sheman and John Bresnahan
RUH ROH
Northeastern Democrats will vote against reconciliation without SALT
If you rewind your memory to last year, you may remember that a band of northeastern House Democrats vowed to vote against any reconciliation bill that included tax changes but left aside lifting the state-and-local tax deduction cap.
Guess what: they’re back!
Reps. Josh Gottheimer (D-N.J.) and Tom Suozzi (D-N.Y.) both told us that they’ll oppose Build Back Manchin – this name is catching on, by the way – if it includes major changes to the tax code but doesn’t lift the SALT cap. Remember: the 2017 GOP tax bill limited the SALT deduction to $10,000. Northeastern Democrats, who represent some of the highest tax areas in America, feel the cap is punitive.
Here’s Gottheimer:
“As I’ve consistently said, If there are any changes to the tax code that affect families in my district, then restoring SALT must be part of it. No SALT, no dice.”
And here’s Suozzi: “No SALT, no deal.”
There’s no sign that the Senate is considering lifting the SALT cap. It’s an extraordinarily expensive proposal with a very limited constituency in the Capitol. Some Democrats suggest an $80,000 cap on SALT deductions, which is what the House has previously supported.
Rep. Mikie Sherrill (D-N.J.) took it a step further. Sherrill told us she’s “not for any type of legislation that raises taxes.” “That’s just … [my] position in general. But especially right now, as my constituents are facing inflation, cost of living [increases], … housing prices,” Sherrill said. Here’s more from Sherrill on what she wants to see in a reconciliation package:
“I think negotiating prescription drugs, that’s a good place to go., Getting the tax cheaters, like making sure that the IRS is fully funded. That seems like a layup to me. Why wouldn’t [we] do that?”
Sherrill said she’s been in conversations with fellow Democrats about resisting any package including new taxes.
Needless to say, this is a big problem for Democratic leaders on any reconciliation package. Sen. Joe Manchin (D-W.Va.) and Senate Majority Leader Chuck Schumer have discussed raising taxes on high earners and pass-through businesses as part of a bill that would also let Medicare negotiate on drug prices.
Speaker Nancy Pelosi has a four-seat margin to pass any legislation through her chamber. Northeasterners are going to be a problem if there are tax increases. And that’s before any other issues arise among Democrats.
– Jake Sherman and John Bresnahan
THE INVESTIGATION
Bennie Thompson dishes on the future of the Jan. 6 committee
The Jan. 6 committee turned in another compelling hearing Tuesday, filled with interesting details about the madness in the White House leading up to and on the day of the insurrection.
But afterwards, Rep. Bennie Thompson (D-Miss.), the panel’s chair, dished on a few newsy elements that help us better understand the committee’s work.
→ | Thompson said that the select committee has started sharing information with DOJ about who they have interviewed in their investigation. “We’re in the process, negotiating how that information will be viewed and whether it’s an in-camera review or what. So, you know, we’re engaging them,” Thompson said. |
This follows months of tension between DOJ and the Jan. 6 committee over access to the panel’s transcripts of its roughly 1,000 interviews. Justice officials publicly criticized the panel last month, saying its “failure” to provide access to the transcripts has hampered DOJ’s ability to “investigate and prosecute” criminal misconduct related to the Jan. 6 attack.
→ | At the end of the hearing Tuesday, Rep. Liz Cheney (R-Wyo.) revealed that the committee alerted the Justice Department that former President Donald Trump contacted one of the panel’s witnesses. Thompson said that this person isn’t expected to testify publicly. Thompson also said that the committee has been in touch with DOJ about this episode. |
→ | Thompson said that the committee has not “officially responded” to Steve Bannon’s letter offering to testify. But Thompson added that Bannon would need to produce documents that the committee subpoenaed before “any other engagement.” |
→ | The committee will have a hearing this fall when they wrap up their final report with their findings. |
→ | NBC’s Ali Vitali and Haley Talbot scooped that the next hearing will be next Thursday. |
→ | CNN’s Melanie Zanona reported last night that Rep. Andy Biggs (R-Ariz.), one of the lawmakers who was instrumental in trying to overturn the election, is pushing for an investigation into the claims in the debunked conspiracy film “2000 Mules.” |
– Jake Sherman and Heather Caygle
PRESENTED BY COALITION FOR APP FAIRNESS
68% of voters think Big Tech has too much power – but there is a solution: the Open App Markets Act.
THE MONEY GAME
Up-and-coming congressional spenders
Here at Punchbowl News, we love taking a look at up-and-coming members of Congress who are trying to make a name for themselves by donating big sums to their party committees. Here’s a rundown of some new members throwing around their weight.
→ | Rep. Sara Jacobs (D-Calif.). Elected in 2020. |
Jacobs, a freshman representing San Diego, has established herself as a major financial player in Democratic circles. This cycle, Jacobs’ campaign has given $323,000 to the DCCC. That sum is by far the most of any freshman Democratic representative.
Jacobs is the granddaughter of billionaire Qualcomm co-founder Irwin Jacobs. Jacobs, who self-funded much of her campaign last cycle, is seen as a rising star. With a safe seat in the influential California delegation, Jacobs will likely be in the Democratic scene for years to come.
→ | Rep. Jake Auchincloss (D-Mass.). Elected in 2020. |
Auchincloss began to assert his financial heft when he launched a leadership PAC — an uncommon occurrence for a freshman. Auchincloss has paid $100,000 in DCCC dues for the 2022 cycle and is committing to pay an additional $150,000.
→ | Rep. David Trone (D-Md.). Elected in 2018. |
Trone is a long-time Democratic mega-donor. The Maryland Democrat’s giving dates back to when he was CEO of Total Wine and More before he arrived in D.C. As a member, Trone has cut $500,000 checks to House Majority PAC in December 2021, the Democratic Grassroots Victory Fund in May 2022 and to the Biden Victory Fund in 2020. Trone also donated $255,500 to the DCCC in February 2021 and an additional $219,00 in March 2021.
→ | Rep. Tony Gonzales (R-Texas). Elected in 2020. |
Gonzales is the fifth-highest donor to the NRCC outside of leadership. A leadership favorite who sits on the House Appropriations Committee, Gonzales has given $1,720,254 to the NRCC this cycle, according to internal party data we got our hands on. It’s a giant figure for a freshman.
→ | Rep. August Pfluger (R-Texas). Elected in 2020. |
Pfluger, who represents a deep red Texas district formerly represented by Rep. Michael Conaway, has raised $1,708,842 for the NRCC this cycle, according to internal party data. This marked the fifth-most for a non-leadership House Republican, right behind Gonzales.
— Max Cohen
THE CAMPAIGN
→ | News: Rep. Ashley Hinson, a first-term House Republican from Iowa, will announce today that she raised more than $1 million in the second quarter. She has more than $2 million on hand. This is a huge haul from Hinson, who has big ambitions in the House GOP. The Iowa Republican is hosting a “BBQ Bash” Aug. 28 in Iowa, featuring Sen. Tim Scott (R-S.C.). |
→ | Defending Main Street Super PAC is launching a mailing blitz for Rep. Peter Meijer (R-Mich.). Here’s an example of the mailer. |
– Jake Sherman
PRESENTED BY COALITION FOR APP FAIRNESS
79% of voters agree 👆
WHAT REP. BRAD SHERMAN TOLD US
Catch up on our conversation with Rep. Brad Sherman (D-Calif.) here. We discussed cryptocurrency regulation, changes to the auditing space and much more.
MORE FROM PUNCHBOWL NEWS
Punchbowl News is more than just a newsletter. We’re inviting our community to events, creating custom content and more. Check out everything we’re up to today!
FRONTS
MOMENTS
All times eastern
8:20 a.m.: President Joe Biden will land at Ben Gurion Airport in Tel Aviv.
8:30 a.m.: Biden will speak at the airport in an arrival ceremony.
9:20 a.m.: Biden will get a briefing on the Iron Dome and Iron Beam Air Defense System.
9:40 a.m.: Biden will leave Tel Aviv for Yad Vashem in Jerusalem.
10:15 a.m.: House Democratic Caucus Chair Hakeem Jeffries, Vice Chair Pete Aguilar and Reps. Jason Crow (Colo.), Andy Kim (N.J.) and Mikie Sherrill (N.J.) will hold a news conference after the closed Democratic meeting.
10:45 a.m.: House Minority Whip Steve Scalise, House Republican Conference Chair Elise Stefanik and Reps. Bill Huizenga (Mich.) and Steve Womack (Ark.) will hold a news conference after their party meeting.
10:35 a.m.: Biden will lay a wreath at Yad Vashem.
2:30 p.m.: House Majority Leader Steny Hoyer will hold his pen and pad meeting.
CLIP FILE
NYT
→ | News Analysis: “Nukes, Oil and a Prince’s Redemption: A Trip Fraught With Perils for Biden,” by David Sanger and Peter Baker in Jerusalem |
→ | “Tears, Screaming and Insults: Inside an ‘Unhinged’ Meeting to Keep Trump in Power,” by Maggie Haberman |
→ | “In Divide Over Ukraine, China Stakes a Position Further From U.S.,” by Jane Perlez |
WSJ
→ | “Biden Presses for Israeli-Arab Security Ties to Come Out From the Shadows,” by Dion Nissenbaum and Dov Lieber in Tel Aviv |
Politico
→ | “Sidelined by Covid, Schumer goes hard from Brooklyn,” by Burgess Everett |
PRESENTED BY COALITION FOR APP FAIRNESS
A recent poll showed that nearly 70% of voters disapprove of the job Congress is doing in regulating Big Tech. And 79% SUPPORT the commonsense, bipartisan Open App Markets Act.
OAMA would bring an end to the anticompetitive practices of mobile gatekeepers. It would open up app stores, giving consumers the freedom to choose where to get apps and how to make purchases inside apps. It would allow developers to communicate directly with their customers, without a middleman. And it would ban app store owners from giving their apps an advantage over others.
The bill has widespread support from developers and consumers alike, along with security experts who say greater competition on mobile devices will increase security and accountability.
It’s time for Congress to bring an end to the anticompetitive practices of Apple and Google and pass the Open App Markets Act.
Editorial photos provided by Getty Images
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