Judge Gorsuch's Week in Review

Stay in the know this week: No Images? [Click here]( [Ballotpedia: The Encyclopedia of American Politics]( The week in review: February 4 - February 10 What's on tap next week: February 11 - February 17 What's on tap? This week, Judge [Neil Gorsuch](, [President Trump’s]( nominee to the [U.S. Supreme Court](, held 19 courtesy visits with U.S. senators in advance of hearings before the [Senate Judiciary Committee](. Those hearings have not yet been scheduled. Below is a list of meetings that were reported through various media outlets or through a press release from the senator’s office. - Monday: [Dianne Feinstein]( (D-Calif.), [Jon Tester]( (D-Mont.) - Tuesday: [Chuck Schumer]( (D-N.Y.), [Ben Sasse](, (R-Neb.), [Mike Crapo]( (R-Idaho), [Tom Cotton]( (R-Ark.) - Wednesday: [John Thune]( (R-S.D.), [Claire McCaskill]( (D-Mo.), [Heidi Heitkamp]( (D-N.D.), [Jeff Flake]( (R-Ariz.), [Richard Blumenthal]( (D-Conn.) - Thursday: [Thom Tillis]( (R-N.C.), [Lisa Murkowski]( (R-Alaska), [Dean Heller]( (R-Nev.), [Steve Daines]( (R-Mont.), [Susan Collins]( (R-Maine) - Friday: [Roy Blunt]( (R-Mo.), [David Perdue]( (R-Ga.), [Roger Wicker]( (R-Miss.) The Week in Review Saturday, February 4 President Trump’s comments on Putin draw criticism from Republicans in Congress - President [Donald Trump]( said that he respected Russian President Vladimir Putin during an interview with Fox News host Bill O’Reilly. When O’Reilly said that Putin was a killer, Trump responded, "There are a lot of killers. We've got a lot of killers. What, do you think our country's so innocent?" Several Republican members of Congress [questioned]( the remarks, including Sen. [Marco Rubio]( (R-Fla.), who tweeted, "When has a Democratic political activists [sic] been poisoned by the GOP, or vice versa? We are not the same as #Putin." Vice President [Mike Pence]( said the following day that Trump was not suggesting that the U.S. and Russia were the same, adding, "What you have in President Trump is someone who is not going to look in the rear-view mirror." Sunday, February 5 President Trump on voter fraud and voter registration - In an interview that aired before the Super Bowl, President [Donald Trump]( shifted his discussion of [voter fraud]( from fraudulent votes cast to voter registration. He explained, "It has to do with the registration. And when you look at the registration, and you see dead people that have voted, when you see people that are registered in two states — and that voted in two states — when you see other things, when you see illegals, people that are not citizens and they are on the registration rolls. ... You have illegals, you have dead people, you have this — it’s really a bad situation. It’s really bad." Trump told O'Reilly to “forget all that” when he asked about Trump’s previous assertion that millions of illegal ballots had been cast in the 2016 presidential election. “Just take a look at the registration, and we’re going to do it. And I’m going to set up a commission to be headed by Vice President [Mike Pence](, and we’re going to look at it very carefully,” Trump said. VERBATIM FACT CHECK [Has Ryan Zinke changed his position on climate change?]( Writing for Mother Jones in December, Tim Murphy stated that Montana Rep. Ryan Zinke, President Trump’s nominee for secretary of the Department of the Interior, has “demonstrated a pointed skepticism about climate change" but that "it wasn't always that way." Zinke signed a letter in 2010 urging then-President Obama and congressional leaders to act on renewable energy and climate change. The letter does not address the extent to which human activity influences climate change, a question that has consistently been at the heart of Zinke’s position. In 2009, Zinke said that the extent of human influence had not been determined—a viewpoint consistent with his more recent statements. Tuesday, February 7 Betsy DeVos confirmed as secretary of education - [Betsy DeVos]( was confirmed by the United States Senate as [secretary of education](. The vote was [51-50](, with Vice President [Mike Pence]( casting the tie-breaking vote. It was the first time in history a vice president had been called upon to break a tie in a Cabinet nomination vote. In addition, two Republican senators, [Susan Collins]( (Maine) and [Lisa Murkowski]( (Alaska), voted against the nomination. They became the first two Republicans to formally oppose any of President Donald Trump's Cabinet picks. DeVos was the fifth Cabinet nominee to be confirmed. Senate Majority Leader McConnell silences Warren using Rule 19 during floor debate on Sessions’ nomination - During [debate on the Senate floor]( regarding the nomination of Sen. [Jeff Sessions]( (R-Ala.) for attorney general, Sen. [Elizabeth Warren]( (D-Mass.) was rebuked after she read from a decades-old [statement]( written by Coretta Scott King, the widow of Martin Luther King Jr., in opposition to Sessions’ 1986 nomination to a federal judgeship. - “Civil rights leaders, including my husband and Albert Turner, have fought long and hard to achieve free and unfettered access to the ballot box. Mr. Sessions has used the awesome power of his office to chill the free exercise of the vote by black citizens in the district he now seeks to serve as a federal judge. This simply cannot be allowed to happen,” King wrote and Warren repeated. - Senate Majority Leader Mitch McConnell (R-Ky.) invoked Rule 19—a provision prohibiting senators from impugning the character or conduct of another senator—to prevent Warren from further participation in the floor debate after she continued reading from the statement. McConnell [said](, “She was warned. She was given an explanation. Nevertheless, she persisted.” Democrats questioned the application of Rule 19 as inappropriate and inconsistent and used McConnell’s words to rally supporters. Shulkin approved by Veterans’ Affairs committee - The [Senate Committee on Veterans' Affairs]( unanimously [approved]( [David Shulkin's]( nomination for secretary of veterans affairs. Shulkin, a former healthcare executive, had served as the department's undersecretary for health since June 2015. Wednesday, February 8 Congressional oversight of Russian sanctions - A bipartisan group of senators, including [Lindsey Graham]( (R-S.C.), [Ben Cardin]( (D-Md.), [Marco Rubio]( (R-Fla.), [Sherrod Brown]( (D-Ohio), [John McCain]( (R-Ariz.), and [Claire McCaskill]( (D-Mo.), introduced the Russia Sanctions Review Act of 2017, which would require congressional oversight before sanctions relief could be granted to [Russia](. "Easing sanctions on Russia would send the wrong message as Vladimir Putin continues to oppress his citizens, murder his political opponents, invade his neighbors, threaten America’s allies, and attempt to undermine our elections. Congress must have oversight of any decision that would impact our ability to hold Russia accountable for its flagrant violation of international law and attack our institutions," said McCain in a [statement](. - See also: [Federal policy on Russia, 2017-2020]( Sessions confirmed as attorney general - Nearly one month after his hearing before the [Senate Judiciary Committee](, Sen. [Jeff Sessions]( (R-Ala.) was [confirmed]( by a vote of 52 to 47. Support and opposition ran along party lines with the exception of Sen. [Joe Manchin]( (D-W.Va.), who backed Sessions' [nomination](. Sessions, a sitting senator, voted present during the roll call. Sessions became the sixth Cabinet nominee confirmed. House votes to repeal BLM land planning rule - The [U.S. House of Representatives]( passed a [resolution]( under the Congressional Review Act to reverse the [U.S. Bureau of Land Management]('s (BLM) 2016 rule revising [federal land]( planning and management procedures. The rule would change federal procedures on public participation in BLM decisions and the use of data and technology in mining, drilling, and logging decisions. The Congressional Review Act allows Congress to reverse new federal regulations within 60 legislative days of their finalization. The resolution passed by a vote of 234 to 186. U.S. Army Corps of Engineers grants permit for construction of Dakota Access pipeline - The U.S. Army Corps of Engineers [granted]( a federal easement (permit) required to complete the [Dakota Access pipeline (DAPL)](. In addition, the Army wrote to a federal judge that the Corps would not complete a more extensive environmental impact statement on the pipeline. The permit allows Dakota Access, LLC, the pipeline's owner, to complete the pipeline under Lake Oahe, North Dakota, which is federally owned. Company spokesperson Vicki Granado [said]( that construction crews restarted work at Lake Oahe after the company received the federal permit. On February 6, attorneys for Energy Transfer Partners (the parent company of Dakota Access, LLC) [said]( that if the permit is approved, the pipeline would become fully operational approximately 90 days after construction restarts. In addition, the attorneys stated that [crude oil]( could pass under Lake Oahe as soon as 60 days after construction restarts. When fully completed, the pipeline will run through [North Dakota](, [South Dakota](, [Iowa](, and [Illinois](. Gorsuch comments during Blumenthal meeting released - After meeting with Judge [Neil Gorsuch](, U.S. Sen. [Richard Blumenthal]( (D-Conn.) stated that the judge was critical of President [Donald Trump’s]( recent [comments]( on the federal judiciary. According to a [report]( from CBS News, “Gorsuch … discussed the president’s sustained attacks on the federal court system in his meeting with Sen. Richard Blumenthal … A source on the Supreme Court nomination team said the two talked about Mr. Trump’s recent attacks on the judiciary. Blumenthal feels disheartened by what the president has said about several judges, and thinks the attacks are abhorrent. Gorsuch reportedly agreed that it was disheartening and said it was ‘demoralizing.’” In a [tweet](, President Trump indicated that Blumenthal misrepresented Gorsuch’s comments. Thursday, February 9 Estes To Run in Kansas Special Election - Kansas [State Treasurer]( [Ron Estes]( was chosen by a nominating convention to be the Republican Party nominee in [Kansas’ 4th Congressional District special election](. The election will replace [Mike Pompeo]( (R), who was confirmed as director of the [CIA]( on January 23, 2017. Estes has served as the state treasurer of Kansas since 2011. The Democratic nominating convention will take place on Saturday, and the general election will occur on April 11, 2017. Kansas’ 4th Congressional District is expected to be a safe Republican seat. Strange Appointed to Fill Session's Remaining Term - Alabama Attorney General [Luther Strange]( was appointed by Gov. [Robert Bentley]( to fill the Senate vacancy left by [Jeff Sessions](’ confirmation as [United States attorney general](. Strange will serve in the Senate until [next year’s special election]( on November 6, 2018, to fill the rest of Sessions’ remaining term. Strange has served as Alabama’s attorney general since 2011. Prior to his service as attorney general, Strange unsuccessfully ran for lieutenant governor in 2006. Temporary Block Upheld - A three-judge panel of the [Ninth Circuit Court of Appeals]( [unanimously upheld]( a temporary block against enforcement of President Donald Trump’s[immigration executive order]( issued on January 27, 2017. On Friday, February 10, it was [reported]( that the administration was not planning to appeal the decision to the United States Supreme Court, instead focusing on defending the order in further proceedings before a federal district court. The block had been issued by U.S. District Judge [James Robart]( on February 3 in response to a challenge to the order from the states of Washington and Minnesota. The ruling from Robart prohibited federal employees from enforcing the order while the case is considered. - At oral argument, held on February 7, the administration said that the president has broad power over who may enter the United States and that executive decisions regarding national security should not be second-guessed in court. - The two states said that the executive order amounted to religious discrimination and threatened the safety of their residents and the health of their economies. The Financial Choice Act - A memo from[House Financial Services Committee]( Chairman [Jeb Hensarling]( outlined legislation to change the [Dodd-Frank Act]( and federal banking regulations. The legislation, called the Financial Choice Act, is expected to clear the committee within a few weeks. The plan includes removing authority from the [Consumer Financial Protection Bureau]( and making the director position a political appointee. Currently, the CFPB operates as an independent agency. In addition to this memo, Hensarling proposed possible changes to the Dodd-Frank Act, focusing on aspects of the CFPB to change, in an [opinion piece]( in the Wall Street Journal. Hensarling wrote that Congress could transfer the consumer protection role of the agency to the Federal Trade Commission or other banking regulators. Hensarling also recommended that President Donald Trump fire the current head of the agency, Richard Cordray. Hensarling further commented that even with these changes, “the CFPB would still be unconstitutional,” and that “the agency must be functionally terminated.” Trump administration acknowledges One China policy - President [Donald Trump]( [agreed]( to honor the One China policy—the acknowledgment of formal diplomatic relations between the United States and [mainland China]( rather than Taiwan—during a phone call with Chinese President Xi Jinping. In January 2017, Trump administration officials had suggested that the policy could be reconsidered depending on China's conduct in the South China Sea and [trade](. Lawmakers recommend discipline for Conway - During an interview on Fox News, [Kellyanne Conway](, counselor to President [Donald Trump](, [requested]( that viewers "go buy Ivanka's stuff. … It's a wonderful line. I own some of it. I fully -- I'm going to just, I'm going to give a free commercial here: Go buy it today, everybody. You can find it online." The request came after Nordstrom and other stores said that they would no longer carry Ivanka Trump’s clothing line due to poor sales. Conway’s statement prompted House Oversight Committee Chairman [Jason Chaffetz]( (R-Utah) and ranking Democratic member [Elijah Cummings]( (Md.) to request that the Office of Government Ethics recommend disciplinary action against Conway for using her position to promote Ivanka Trump’s business. According to [CNN](, public employees are prohibited from making an "endorsement of any product, service or enterprise, or for the private gain of friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity." After the incident, Conway tweeted, “POTUS supports me, and millions of Americans support him & his agenda.” White House Press Secretary [Sean Spicer]( said that Trump had counseled Conway but did not offer further explanation. Friday, February 10 Tom Price confirmed as secretary of health and human services - Rep. [Tom Price]( (R-Ga.) was confirmed as secretary of health and human services in a party-line vote of 52 to 47. Earlier this week, Senate Majority Leader [Mitch McConnell]( (R-Ky.) [noted]( the importance of moving along Price’s confirmation in replacing the Affordable Care Act and “stabilizing the healthcare markets.” Price was the seventh Cabinet nominee to be confirmed. - See also: [Federal policy on healthcare, 2017-2020]( Trump signs executive orders on crime and public safety - On February 10, 2017, President [Donald Trump]( [signed]( three executive orders related to crime and public safety. First, the orders directed Attorney General [Jeff Sessions]( to establish a task force on crime reduction and public safety. The force is directed to establish "strategies to reduce crime, including, in particular, illegal immigration, drug trafficking and violent crime" as well as put forth legislative proposals and a report to the president within one year. Second, the orders instructed federal agencies to promote intelligence sharing between the federal government and state and local law enforcement. This intelligence is focused on international drug cartels, and the orders require a report documenting actions to target and dismantle criminal drug organizations. Third, the orders require the [U.S. Department of Justice]( to prosecute individuals who commit a crime against state and local law enforcement officers. - See also: [Federal policy on crime and justice, 2017-2020]( The U.S. Senate and the U.S. House will both be in session Monday-Friday next week. The Supreme Court is between argument sessions. The court will continue to issue orders throughout the session break and will next hear arguments on Tuesday, February 21, 2017. What's On Tap Next Week Saturday, February 11 Democratic nominating convention for Pompeo’s replacement - Kansas Democrats will hold a nominating convention for[the special election]( to replaceMike Pompeo]( (R), who was recently confirmed as director of the[CIA](. A number of candidates have declared their interest in the nomination, including [Dennis McKinney](, [Charlie Walker](, [Robert Tillman](, [Jim Thompson](, and [Laura Lombard](. The nominee will face [Ron Estes]( in the general election on April 11, 2017. Monday, February 13 Senate Votes on Shulkin - The Senate will vote on [David Shulkin's]( nomination to lead the [Department of Veterans Affairs](. Sen. [Jon Tester]( (D-Mont.) expects Shulkin to easily be confirmed. He [said]( in a statement, "I believe Dr. Shulkin’s bipartisan support from the committee is indicative of the vote he’ll receive on the Senate floor, and I am calling on Senate leaders to confirm him in a timely fashion." Thursday, February 16 Confirmation Hearing for Puzder The [Health, Education, Labor, and Pensions Committee]( will hold a confirmation hearing for secretary of labor nominee [Andrew Puzder](. Puzder’s hearing was previously delayed [four times]( as the committee waited for him to submit his ethics and financial forms. Where was the president last week? President [Donald Trump]( arrived back in Washington, D.C., after his weekend at Mar-a-Lago. Throughout the week, Trump met with county sheriffs at the White House; spoke to President Ashraf Ghani of Afghanistan and Tamim bin Hamad Al Thani, the Emir of Qatar; and participated in the swearing-in of a few of the confirmed Cabinet members. Federal Judiciary - 126 total federal judicial vacancies - 1 pending nomination - 14 future vacancies [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. 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