Confirmation hearings, a nomination, and an inauguration

Stay in the know this week: No Images? [Click here] [Ballotpedia: The Encyclopedia of American Politics] The week in review: January 14 - January 20 What's on tap next week: January 21 - January 27 What's on tap? A week of confirmation hearings, capped off with an inauguration. This week, confirmation hearings were held for eight of President Trump’s nominees: Betsy DeVos, Ryan Zinke, Tom Price, Wilbur Ross, Scott Pruitt, Nikki Haley, Steven Mnuchin, and Rick Perry. Learn more about these hearings, Friday’s inauguration, and President Trump’s first day in office in this week’s Tap. The Week in Review Monday, January 16 Sanctions Against Russia - In an interview with [The Times of London], [Donald Trump] discussed European sanctions against [Russia] and U.S.-Russia relations. He said, "Well, I think you know — people have to get together and people have to do what they have to do in terms of being fair. OK? They have sanctions on Russia — let’s see if we can make some good deals with Russia. For one thing, I think nuclear weapons should be way down and reduced very substantially, that’s part of it. But you do have sanctions and Russia’s hurting very badly right now because of sanctions, but I think something can happen that a lot of people are gonna benefit." - Trump also described [Syria] following Russia’s military intervention as, in his words, "a very rough thing." He continued, "Now everything is over — at some point it will come to an end — but Aleppo was nasty. I mean when you see them shooting old ladies walking out of town — they can’t even walk and they’re shooting ’em — it almost looks like they’re shooting ’em for sport — ah no, that’s a terrible — that’s been a terrible situation. Aleppo has been such a terrible humanitarian situation." - He described NATO as being "obsolete because it wasn’t taking care of terror.” He added, “With that being said, Nato is very important to me.” - The Times of London also [reported] that Trump ”confirmed that he would appoint Jared Kushner, his son-in-law, to broker a Middle East peace deal.” Tuesday, January 17 Betsy DeVos Confirmation Hearing - Betsy DeVos, Trump’s nominee for secretary of education, appeared before the [Senate Committee on Health, Education, Labor, and Pensions] for about three-and-a-half hours. She is an advocate of charter schools in Michigan and is the chair of the [American Federation for Children], a nonprofit that oversees a [501(c)(3)] nonprofit called Alliance for School Choice. She also chairs a [political action committee], the American Federation for Children Action Fund. Key points of discussion at the hearing included college debt and school vouchers. - When questioned by [Bernie Sanders] (D-Vt.) on making public colleges and universities tuition-free, DeVos said, “I think that’s a really interesting idea. It’s really great to consider and think about. But I think we also have to consider the fact that there’s nothing in life that is truly free. Somebody’s going to pay for it. … I think we can work together and we can work hard on making sure that college or higher education in some form is affordable for all young people that want to pursue it.” Read more about DeVos’ hearing [here]. Ryan Zinke Confirmation Hearing - Ryan Zinke, Trump’s nominee for secretary of the interior, appeared before the [Senate Committee on Energy and Natural Resources] for his confirmation hearing. The Department of the Interior is responsible for managing [federal lands], the development of [energy resources on those lands], the country’s [national parks], and federally run dams and reservoirs. In an exchange with Sen. [Bernie Sanders], Zinke addressed the topic of [climate change], saying, “Climate is changing. Man is an influence. I think where there’s debate on it is what that influence is and what can we do about. As the [head of] the Department of the Interior, I will inherit, if confirmed, the USGS (United States Geological Survey). We have great scientists there. I’m not a climate scientist [sic] expert, but I can tell you I’m going to become a lot more familiar with it. And it will be based on objective science.” - When asked by Sen. [Maria Cantwell] (D-Wash.) about transferring ownership of federal lands to state governments, Zinke [stated], “I am absolutely against transfer or sale of public land.” Ballotpedia’s fact-checking project, Verbatim, has looked into Zinke’s positions on public land, including his stances on [the sale of public lands] and on [state control of energy development on federal land]. Read more about Zinke’s hearing [here]. SCOTUS Watch - The [U.S. Supreme Court] heard arguments in two cases on Tuesday. - In [Lynch v. Dimaya], the court heard arguments over whether the definition of categorical crimes of violence was unconstitutionally vague. The court held that a similar definition for violent felonies in the Armed Criminal Career Act was unconstitutionally vague in a 2015 decision, [Johnson v. United States]. - In [Midland Funding v. Johnson], the court explored whether there was a conflict between the U.S. Bankruptcy Code and the Fair Debt Collection Practices Act. The conflict stemmed from whether the Bankruptcy Code allows debt collectors to exercise their rights to collect payment during bankruptcy proceedings even if those rights would otherwise be exhausted under state law. Attempting to collect debt payments time-barred by state law is a violation of the Fair Debt Collection Practices Act. VERBATIM FACT CHECK [Could 36,000 people die if the ACA is partially repealed?] In a recent column in Think Progress, Ian Millhiser cited two studies in claiming that “nearly 36,000 people could die every year, year after year, if the incoming president signs legislation repealing the Affordable Care Act.” But the limitations of the research methodologies in the studies he cites preclude using them as a basis for a reliable estimate. One study of Massachusetts healthcare reform states, "the extent to which our results generalize to the United States as a whole is therefore unclear." Another study estimating the number of Americans who may lose health insurance assumes that repealed provisions of the ACA will not be replaced by alternatives that enable people to regain coverage and that individuals will not find coverage alternatives of their own. Wednesday, January 18 Tom Price Confirmation Hearing - Rep. [Tom Price] (R), Trump’s nominee to head the [Department of Health and Human Services], is an orthopedic surgeon and a six-term House member from Georgia. He has been a critic of Obamacare and began offering alternatives to the law as early as [2009], when it was first being debated in Congress. Last June, at an [American Enterprise Institute] event, Price [said], “They believe the government ought to be in control of healthcare. We believe that patients and doctors should be in control of healthcare.” Read more about Price’s policy stances [here]. - Price appeared before the [Senate Committee on Health, Education, Labor, and Pensions]. Sen. [Lamar Alexander] (R-Tenn.) is the chair of the committee, and Sen. [Patty Murray] (D-Wash.) is the highest-ranking Democrat. The committee has 12 Republicans and 11 Democrats. At the hearing, Price discussed his philosophy on federal healthcare policy; his views on repealing and replacing [Obamacare], [Medicare], and [Medicaid]; and telemedicine. Read more [here]. Scott Pruitt Confirmation Hearing - Scott Pruitt is Trump’s nominee for administrator of the Environmental Protection Agency (EPA). He has been the attorney general of Oklahoma since 2011 and has been a critic of environmental policy under the Obama administration, once [calling] himself a “leading advocate against the EPA’s activist agenda.” Read more about his policy stances [here]. - Pruitt appeared before the [Senate Committee on Environment and Public Works]. Sen. [John Barrasso] (R-Wyo.) is the chair of the committee, and Sen. [Thomas Carper] (D-Del.) is the highest-ranking Democrat. Eleven Republicans and 10 Democrats serve on the committee. Pruitt discussed his views on issues such as climate change, the role of the states in environmental policy, and his past involvement with litigation against the EPA. Read more [here]. Wilbur Ross Confirmation Hearing - Commerce secretary nominee Wilbur Ross is a billionaire investor and chairman of the private investment firm WL Ross & Co. Throughout the 2016 campaign, he was a supporter of both Trump and his views on the U.S. economy and international trade. In August 2016, for example, he echoed Trump’s criticisms of trade agreements like [NAFTA] and the [Trans-Pacific Partnership], [saying], “Free trade is like free lunch, there is no free lunch. Somebody wins and somebody loses and unfortunately we’ve been losing with these stupid agreements that we’ve made.” Read more about Ross’ policy stances [here]. - Ross appeared before the [Senate Committee on Commerce, Science, and Transportation]. Sen. [John Thune] (R-S.D.) is the committee’s chair, and Sen. [Bill Nelson] (D-Fla.) is the highest-ranking Democrat. Fourteen Republicans and 13 Democrats sit on the committee. He discussed his views on trade, specific trade deals like [NAFTA], tariffs, the National Oceanic and Atmospheric Administration, and the Department of Commerce’s data gathering programs. Read more [here]. Nikki Haley Confirmation Hearing - Trump announced his intent to nominate South Carolina Governor [Nikki Haley] as the U.S. ambassador to the United Nations on November 23, 2016. Haley’s experience with international relations comes largely from her economic and environmental initiatives as governor. Read more about her policy stances [here]. - Her confirmation hearing took place before the [Senate Committee on Foreign Relations], which has 11 Republicans and 10 Democrats and is chaired by [Bob Corker] (R-Tenn.). [Ben Cardin] (Md.) is the committee’s highest-ranking Democrat. She discussed issues such as the conflict between Israel and Palestine, UN Resolution 2334, Russia, and U.S. funding for the United Nations. Read more [here]. Super PAC Expansion - [Priorities USA Action] announced it had hired two high-profile operatives from [Bernie Sanders]’ and [Hillary Clinton]’s presidential campaigns. Priorities, the largest Democratic-leaning [super PAC], supported Clinton throughout the 2016 election. Fallon, who served as Clinton’s national press secretary, will officially join the organization as a senior advisor. Meanwhile, Bernie Sanders’ press secretary, [Symone Sanders] (no relation), will be a strategist for communications and political outreach. Secretary of Agriculture Pick - Trump [chose] former Georgia Gov. [Sonny Perdue] as his pick for [secretary of agriculture]. Perdue served on Trump's advisory committee on agriculture during the 2016 presidential election. Perdue won a Georgia State Senate election in 1992 as a [Democrat]. He switched to the Republican Party in April 1998. Upon his inauguration as governor in January 2003, Perdue became the first [Republican] governor of [Georgia] since Benjamin Conley at the end of Reconstruction in the 1870s. Perdue is the first cousin of Sen. David Perdue (R-Ga.). Perdue's confirmation hearing will be held before the [U.S. Senate Committee on Agriculture, Nutrition, and Forestry]. SCOTUS Watch - The Supreme Court concluded its January sitting with arguments in four cases. - In [Lee v. Tam], the court reviewed a case of patent and trademark law. Simon Shiao Tam attempted to register his band's name with the U.S. Patent and Trademark Office (PTO) for trademark protection. The PTO refused, citing a provision of the Lanham Act, a federal trademark law that prohibits extending trademark protection to anyone registering what it considers scandalous, immoral, or disparaging marks. The [Federal Circuit Court of Appeals] rejected the PTO's claim, holding that the provision of the Lanham Act used to deny Tam's request violated his rights of free expression under the First Amendment. - The court also heard arguments in three consolidated appeals from a decision of the [Second Circuit Court of Appeals], which held that the respondents in these cases—a class of litigants illegally detained pursuant to investigations of the terrorist attacks of September 11, 2001—proved there were sufficient grounds to bring their claims to trial. The consolidated cases were [Ashcroft v. Abbasi], [Hasty v. Abbasi], and [Ziglar v. Abbasi]. Justices [Sonia Sotomayor] and [Elena Kagan] recused themselves due to their previous involvement in the cases as an appellate judge (Sotomayor) and as [U.S. solicitor general] (Kagan). - The court issued one opinion on Wednesday, unanimously reversing the judgment of the [Ninth Circuit Court of Appeals] in [Lightfoot v. Cendant Mortgage Group]. The Ninth Circuit had held that a provision of Fannie Mae's charter granted federal courts exclusive jurisdiction over any lawsuit in which either Fannie Mae or its subsidiaries was a party. In a unanimous decision by Justice [Sonia Sotomayor], the court reversed the Ninth Circuit’s ruling, holding that Fannie Mae's charter gives jurisdiction to both state and federal courts with authority to hear cases on issues involving Fannie Mae. The opinion in Lightfoot was Justice Sotomayor's second opinion for the court this term, and it was the third opinion this term in which the court ruled on an appeal from the Ninth Circuit. - For the first time since his nomination to the U.S. Supreme Court in March of 2016, [Chief Judge] [Merrick Garland] returned to the bench as a panelist on the [U.S. Court of Appeals for the District of Columbia Circuit]. He was joined by Judges [Brett Kavanaugh] and [Sri Srinivasan], hearing arguments in three cases. Straightening Out the PACs - [Donald Trump] appeared at a fundraising dinner honoring [Mike Pence] in Washington, D.C., where he briefly discussed [immigration reform] and the topic of campaign finance. He said that the immigration system should be partially merit-based, and he criticized [super PACs]. "People get very rich running PACs," Trump added, “I think we ought to straighten out the PACs – right, folks?” He also compared his political rise to the nationalist movement ushered in by Andrew Jackson in the 19th century. VERBATIM FACT CHECK [Have presidents before Donald Trump appointed family members to White House positions?] In a Facebook post, former U.S. Secretary of Labor Robert Reich criticized President-elect Donald Trump’s selection of his son-in-law Jared Kushner to serve as a senior advisor to the president. "Kings and despots install family members around them, to protect their power and money. Presidents do not – at least not until now," he wrote. Verbatim found that at least 11 presidents have appointed family members to executive branch positions, including Bill Clinton, John F. Kennedy, Dwight Eisenhower, and Franklin Roosevelt. Thursday, January 19 A New Federal Judicial Vacancy - The Administrative Office of U.S. Courts reported this week that Judge [D. Michael Fisher] of the [United States Court of Appeals for the Third Circuit] intends to take [senior status] on February 1, 2017, creating a judicial vacancy. Judge Fisher is the 14th judge to announce a decision to either take senior status or retire from the bench during the first year of [Donald Trump]’s administration, creating vacancies on those courts that will need to be filled by presidential nomination. Those nominations are subject to Senate confirmation. For more information on the status of judicial vacancies during Trump’s first term, read [our report]. - For more, read [The Trump administration on federal courts] Inauguration Eve - Official inauguration festivities kicked off at the Lincoln Memorial with the “Make America Great Again!” concert. [Donald Trump] delivered remarks, and the celebrity lineup included Toby Keith, Lee Greenwood, 3 Doors Down, the Piano Guys, D.J. RaviDrums, and the Frontmen of Country. Steven Mnuchin Confirmation Hearing - Steven Mnuchin was chosen as Trump’s nominee for secretary of the treasury on November 29, 2016. Mnuchin manages his own capital investment firm, Dune Capital Partners, which he started after spending 17 years with Goldman Sachs. He has typically invested in real estate and in Hollywood film production. Mnuchin served as the Trump campaign’s finance director during the 2016 election. - He appeared before the [Senate Finance Committee] yesterday. Sen. [Orrin Hatch] (Utah) is the chair of the committee, and Sen. [Ron Wyden] (Ore.) is the highest-ranking Democrat. The committee has 14 Republicans and 12 Democrats. Read more [here]. Rick Perry Confirmation Hearing - Rick Perry was chosen as Trump’s nominee for secretary of energy on December 13, 2016. Perry has a long history in Texas politics, and energy production has been an important part of his political identity. He served as governor from 2000 to 2015. Before that, he was the lieutenant governor from 1998 to 2000 under Gov. [George W. Bush] (R). He was the Texas agriculture commissioner from 1990 to 1998 and held a seat in the Texas House of Representatives from 1984 to 1990. As the governor of Texas, Perry was in charge of the [top energy-producing state] in the country, and during his tenure—the longest in the state’s history—[oil and gas production in Texas] [increased 260 percent and 50 percent], respectively. - He appeared before the [Senate Committee on Energy and Natural Resources] yesterday. Sen. [Lisa Murkowski] (R-Ala.) is the committee chair, and Sen. [Maria Cantwell] (Wash.) is the highest-ranking Democrat. The committee has 12 Republicans and 11 Democrats. Read more [here]. Friday, January 20 Inauguration Day - President [Donald Trump] and Vice President [Mike Pence] were sworn in. - As the nation turns its eyes toward the new administration, Ballotpedia will be providing readers with an overview of the [individuals forming the new administration], the [policies they support], and the political environment that will dictate the outcomes of their efforts. The project will report on individuals, ideas, and events from a perspective that is deliberately disconnected from day-to-day media narratives. Beyond the first 100 days of the Trump administration, the project's pages will provide readers with a historical understanding of individuals, ideas, and actions that have shaped a presidency. Additionally, we will continue our You’re Hired briefing that tracks confirmation hearings and major policy initiatives. [Sign up for email updates] - A total of [70 House Democrats] boycotted Trump’s inauguration. Following the lead of Rep. [John Lewis] (D-Ga.), some decided [not to attend] the swearing-in ceremony because they believe that Trump’s failure to win the popular vote makes him an illegitimate president. Day One of the Trump Administration - In our [Tuesday edition] of [You’re Hired], our daily briefing on the Trump White House transition, we looked at some of the biggest issues that Trump has said he intends to address on the first day of his presidency. Throughout the 2016 election and as president-elect, Trump proposed dealing with a range of issues, including [trade], ethics reform, [immigration], [energy], [healthcare], and national security. Read more [here]. Confirmation Votes: Mattis and Kelly - The [U.S. Senate] voted 98-1 to confirm [James Mattis] as secretary of defense. Federal law requires defense secretaries to have been retired from active duty military service for seven years. Because Mattis retired in 2013, Congress passed legislation to pave the way for his confirmation. The last time Congress made such an accommodation was in 1950, when President Harry Truman nominated General George Marshall to serve as defense secretary. Mattis is also the first senior military officer to serve as defense secretary since Marshall. Senator [Kirsten Gillibrand] (D-N.Y.) was the only senator to vote against the nomination. Senator [Jeff Sessions] (R-Ala.), who is President Trump’s nominee for [U.S. attorney general], abstained during the vote. - The [U.S. Senate] voted 88-11 to confirm [John Kelly], a retired four-star Marine general, as [secretary of homeland security]. Senator [Jeff Sessions] (R-Ala.), who is President Trump’s nominee for [U.S. attorney general], abstained during the vote. The U.S. Senate will be in session Monday-Friday next week. The U.S. House will be in session Monday-Wednesday. The Supreme Court is between argument sessions. The court has a non-argument session scheduled for Monday, January 23. The court will continue to issue orders throughout the session break and will next hear arguments on Monday, February 21, 2017. What's On Tap Next Week As the [Trump administration] begins, court watchers await Trump’s nomination to the [U.S. Supreme Court] to fill the vacancy created by the death of Justice [Antonin Scalia], who died on February 13, 2016. During a press conference on January 11, 2017, Trump stated that he would announce his nominee for the Supreme Court within the first two weeks of his administration. CNN [reported] that, during a leadership luncheon on January 19, 2017, Trump modified the timetable for announcing his Supreme Court nomination to within the first two to three weeks of his administration. During the [2016 presidential campaign], Trump released [a list of potential candidates] for both the current vacancy and any future Supreme Court vacancies that occur during his tenure as president. For more: see the [complete list of Donald Trump’s potential nominees to the U.S. Supreme Court] Monday, January 23 Confirmation Votes: - The [Senate foreign Relations Committee] is expected to [vote] on [Rex Tillerson’s] nomination for [secretary of state]. Tillerson appeared before the committee on January 11, 2017. Read more about that [here]. The committee has 21 members (10 Democrats and 11 Republicans) one of whom—Sen. [Marco Rubio] (R-Fla.)—would not [publicly commit] to voting in favor of Tillerson after the hearing. Sen. [Bob Corker] (R-Tenn.) is the chair of the committee, and Sen. [Ben Cardin] (D-Md.) is the highest-ranking Democrat. - The Senate is expected to vote on Trump’s nomination of Rep. [Mike Pompeo] (R-Kan.) for CIA director. According to [Politico], director John Brennan has already stepped down from the post. Pompeo appeared before the [Senate Committee on Intelligence] for a confirmation hearing on January 12, 2017. Read more about that [here]. The committee has not yet approved Pompeo. The Senate can [bypass] committee approval, however, if every member of the Senate agrees to it. VERBATIM FACT CHECK [Would it be almost unprecedented for Donald Trump to terminate the Iran nuclear deal?] Responding to a question about the possibility of the United States withdrawing from the Iran nuclear deal after Donald Trump becomes president, CIA Director John Brennan said, "For one administration to tear up an agreement that a previous administration made would be almost unprecedented." Brennan is incorrect. The U.S. Constitution empowers the president to conduct foreign policy and to enter into international agreements. International agreements fall into two categories—treaties and executive agreements. A review of presidential documents determined that at least five presidents have terminated international agreements entered into as executive agreements. A study published by the Texas Law Review found that nine presidents had withdrawn the United States from international treaties without seeking the approval of either the Senate or the full Congress. Tuesday, January 24 Confirmation Votes - The [U.S. Senate Judiciary Committee] will hold an executive business meeting to consider the nomination of [Jeff Sessions] to be the next [U.S. attorney general]. Sessions, currently a U.S. senator representing Alabama, was selected by [Donald Trump] to be attorney general on November 18, 2016. Hearings on Sessions’ nomination were held before the committee on January 10-11, 2017. A committee vote on whether to report the nomination to the full Senate for confirmation is expected during the meeting. The meeting will begin at 10 a.m. and will be broadcast [here]. - The [Senate Committee on Banking, Housing, and Urban Affairs] is [expected] to vote on the nomination of [Ben Carson] for [Secretary of Housing and Urban Development]. The committee has 12 Republicans and 11 Democrats and is chaired by Sen. [Mike Crapo] (R-Idaho). The highest-ranking Democrat on the committee is Ohio Sen. [Sherrod Brown]. Read more about Carson’s confirmation hearing [here]. - The [Senate Committee on Health, Education, Labor, and Pensions] is [expected] to vote on the nomination of [Betsy DeVos] for [secretary of education]. The committee has 12 Republicans and 11 Democrats. Sen. [Lamar Alexander] (R-Tenn.) chairs the committee, and Sen. [Patty Murray] (D-Wash.) is the highest-ranking Democrat. Read more about DeVos’ confirmation hearing [here]. Confirmation Hearings - The [Senate Budget Committee] will [hold] a hearing for Rep. [Mick Mulvaney] (R-S.C.), Trump’s nominee to head the [White House Office of Management and Budget]. The committee has 12 Republicans and 11 Democrats. Sen. [Mike Enzi] (R-Wyo.) is the chair of the committee, and [Bernie Sanders] is the committee’s highest-ranking member of the Senate Democratic Caucus (Sanders is an independent but caucuses with Democrats). Mulvaney will also appear before the [Senate Committee on Homeland Security and Governmental Affairs], which has eight Republicans and seven Democrats. Sen. [Ron Johnson] (R-Wis.) is the committee chairman, and Sen. [Claire McCaskill] (D-Mo.) is the highest-ranking Democrat. Read more about Mulvaney [here]. - The [Senate Committee on Small Business and Entrepreneurship] will [hold] a hearing for [Linda McMahon], whom Trump nominated to lead the Small Business Administration, a federal agency created in 1953 to focus on small business issues. The committee has 10 Republicans and nine Democrats. Sen. [James Risch] (R-Idaho) is the chairman, and Sen. [Jeanne Shaheen] (D-N.H.) is the highest-ranking Democrat. According to the [Hartford Courant], Connecticut’s two Democratic senators, [Richard Blumenthal] and [Chris Murphy], will introduce McMahon at the hearing. McMahon ran as a Republican candidate for Senate against Blumenthal in [2010] and against Murphy in [2012]. Read more about McMahon [here]. Where was the president last week? President [Donald Trump] was inaugurated as the 45th president of the United States at the Capitol on Friday. Federal Judiciary - 121 total federal judicial vacancies - 0 pending nominations - 14 future vacancies Ballotpedia released an in-depth report comparing the vacancies that President-elect Trump will inherit at the start of his first presidential term with those of his five immediate predecessors. When Trump takes office, 12.41 percent of all life-term judicial positions will be vacant, and by the end of his first term, Trump could see vacancies in up to 50.3 percent of these positions. [Read the report: Judicial vacancies during Trump's first term] [Donate Securely Online] The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) non-profit 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. Ballotpedia The Encyclopedia of American Politics 8383 Greenway Blvd., Suite 600 Middleton, WI 53562 Only want to receive state & local news? Adjust your Ballotpedia subscriptions by clicking "preferences," below. [Like] [Tweet] [Share] [Forward] [Preferences] | [Unsubscribe]