Building The Cabinet

Stay in the know this week: No Images? [Click here]( [Ballotpedia: The Encyclopedia of American Politics]( The week in review: February 11 - February 17 What's on tap next week: February 18 - February 24 What’s on tap? The Cabinet, which was established by Article II, Section 2 of the Constitution, has 16 members: the vice president and the heads of 15 departments. Cabinet members advise the president on issues relating to their respective offices. As of February 17, 2017, nine of Trump's Cabinet nominees have been confirmed by the Senate. One nominee, [Andrew Puzder](, withdrew from consideration on February 15, 2017. In the previous four presidential administrations, the median wait time for a nominee was one day. [Click here to read an overview of the confirmation process and track each nomination]( The Week in Review Judge Gorsuch Meeting Tracker - This week, Judge [Neil Gorsuch](, [President Trump’s]( nominee to the [U.S. Supreme Court](, held 10 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. To date, Judge Gorsuch has met with 40 U.S. senators: 28 Republicans and 12 Democrats. The [Senate Judiciary Committee]( will hold confirmation hearings on Gorsuch’s nomination beginning on March 20, 2017. A [press release]( from Senate Judiciary Committee Chairman [Chuck Grassley]( (R-Iowa) indicated that "the hearing date follows a similar timeline put together for Justices [Sonia Sotomayor]( and [Elena Kagan]( by former chairman [Patrick Leahy](. Sotomayor’s hearing was held 48 days after her nomination was announced. Kagan’s hearing was held 49 days after her nomination was announced. Gorsuch’s hearing will begin 48 days following the announcement of his nomination." - Monday: [Mike Enzi]( (R-Wyo.), [Joni Ernst]( (R-Iowa), [John Kennedy]( (R-La.), [Todd Young]( (R-Ind.) - Tuesday: [Chris Coons]( (D-Del.), [Dick Durbin]( (D-Ill.), [Mazie Hirono]( (D-Hawaii) - Wednesday: [Johnny Isakson]( (R-Ga.), [Patrick Leahy]( (D-Vt.) - Thursday: [Bob Casey]( (D-Pa.) Saturday, February 11 President Trump indirectly responds to North Korean missile test - [North Korea]( [conducted]( its first ballistic missile test since President [Donald Trump]( took office. While not explicitly referencing the launch, Trump said during a joint news conference with Japanese Prime Minister Shinzo Abe, "I just want everybody to understand and fully know that the United States of America stands behind Japan, its great ally, 100 percent." The following day, White House senior policy advisor [Stephen Miller]( [said](, "We are going to reinforce and strengthen our vital alliances in the Pacific region as part of our strategy to deter and prevent the increasing hostility that we’ve seen in recent years from the North Korean regime." Kansas Democrats and Libertarians choose special election nominees - The Democratic and Libertarian nominating conventions for [Kansas’ 4th Congressional District special election]( took place. The election is being held to replace [Mike Pompeo]( (R), who was confirmed as director of the [CIA]( in January. Democrats chose civil rights lawyer [Jim Thompson](, while Libertarians nominated flight instructor [Chris Rockhold](. State Treasurer [Ron Estes]( had already been chosen at the Republican convention on February 9. The three nominees will face off in the general election on April 11, 2017. Ballotpedia currently rates the race as safely Republican. Sunday, February 12 Trump administration official questions voting in New Hampshire - In an interview with ABC's [George Stephanopoulos](, White House policy director Stephen Miller discussed, among other issues, the claim that thousands of voters were bused from Massachusetts to [New Hampshire]( to vote illegally there in the [2016 presidential election](. Miller said, "George, it is a fact and you will not deny it that are massive numbers of non-citizens in this country who are registered to vote. That is a scandal! We should stop the presses and as a country we should be aghast about the fact that you have people who have no right to vote in this country registered to vote, canceling out the franchise of lawful citizens of this country. That's the story we should be talking about!" - When Stephanopoulos pressed Miller for proof of his claim—which CNN [reported]( had been debunked—he declined to do so, saying, “I can tell you that this issue of busing voters into New Hampshire is widely known by anyone who’s worked in New Hampshire politics. It's very real. It’s very serious. This morning, on this show, is not the venue for me to lay out all the evidence.” - While President [Donald Trump]( did not directly comment on Miller’s exchange with Stephanopoulos regarding alleged voter fraud in New Hampshire, he tweeted on Sunday, "Congratulations Stephen Miller — on representing me this morning on the various Sunday morning shows. Great job!” - See also: [Federal policy on voting rights, 2017-2020]( Monday, February 13 ICE operations - According to the [Department of Homeland Security](, recent [immigration enforcement operations]( across the country have netted more than 680 arrests. Convicted criminals, gang members, individuals who re-entered the country after being deported, and individuals who had final removal orders in place were targeted by the operations, Secretary of Homeland Security [John Kelly]( said. - President [Donald Trump]( tweeted on Sunday, “The crackdown on illegal criminals is merely the keeping of my campaign promise. Gang members, drug dealers & others are being removed!” - Democratic members of Congress [were critical]( of the operations. Senate Minority Leader [Chuck Schumer]( said in a statement requesting more information, "I am troubled by the lack of transparency and potential due process violations surrounding ICE's most recent enforcement actions. That is why I'm calling on ICE to release information about the location of the raids and details of the people who were arrested. I have always supported smart immigration enforcement that helps to keep our country safe, but raids targeting law-abiding immigrants and treating those with traffic violations the same as murderers and robbers will only achieve the opposite."‎ - See also: [Federal policy on immigration, 2017-2020]( Mnuchin confirmed - The Senate [voted to confirm]( [Steve Mnuchin]( as [treasury secretary](. Mnuchin, a financial executive who has worked for companies such as Goldman Sachs and Soros Fund Management, was nominated to the position by President Donald Trump on November 29, 2016. The vote was 53-47, split mostly along party lines, with Senator [Joe Manchin III]( as the only Democrat to vote in favor of Mnuchin. Shulkin confirmed - The Senate confirmed [David Shulkin]( as [secretary of veterans affairs]( by a [vote of 100-0](. Shulkin, a former healthcare executive, had served as the department's undersecretary for health since June 2015. Flynn resigns - Retired Lieutenant General [Michael Flynn]( resigned from his position as national security advisor amid reports that he did not provide Vice President [Mike Pence]( with accurate information about a conversation that he had with a Russian ambassador concerning sanctions against the country. In his resignation letter, Flynn [wrote](, "I inadvertently briefed the Vice President-elect and others with incomplete information regarding my phone calls with the Russian ambassador. I have sincerely apologized to the President and the Vice President, and they have accepted my apology." On Friday, a U.S. official [confirmed]( that the general and Russian Ambassador Sergey Kislyak spoke about sanctions placed on the country by the Obama administration during a conversation on December 29, 2016. According to one of Flynn's aides, Flynn had "no recollection of discussing sanctions" and "couldn't be certain that the topic never came up." - Senate Majority Leader [Mitch McConnell]( [said]( that the [Senate Intelligence Committee]( is considering opening an investigation into Flynn’s conversation, and he noted that it will likely be looked at in other ongoing investigations regarding Russian involvement in the 2016 presidential election. Lawmakers want to see the transcript of Flynn’s call with Kislyak. Sen. [Roy Blunt](, a member of the Senate Intelligence Committee, said, "I would think that we should talk to Gen. Flynn very soon and that should answer a lot of questions. What did he know? What did he do? And is there any reason to believe that anybody knew that and didn't take the kind of action they should have taken.” - General [Joseph Keith Kellogg]( [took over]( as acting National Security Advisor after Flynn resigned. - President Donald Trump commented on Flynn’s resignation: “He didn't have to do that, because what he did wasn't wrong—what he did in terms of the information he saw. What was wrong was the way that other people, including yourselves in this room, were given that information, because that was classified information that was given illegally. That's the real problem. … I fired him because of what he said to Mike Pence. Very simple. Mike [Flynn] was doing his job. He was calling countries and his counterparts. So, it certainly would have been OK with me if he did it. I would have directed him to do it if I thought he wasn't doing it.” Tuesday, February 14 Trump signs repeal of energy company transparency rule - President [Donald Trump]( signed a [repeal]( of a regulation that would require [coal](, [oil](, and [natural gas]( companies to disclose their payments, such as royalties, to foreign governments. The regulation was issued by the [Securities and Exchange Commission (SEC)]( under the [2010 Dodd-Frank Act](. The SEC finalized the rule in late 2016 after a federal court vacated a prior version of the rule. The rule's repeal was passed under the Congressional Review Act of 1996, which allows [Congress]( to reverse new federal regulations within 60 legislative days of their finalization. The repeal was the first time the Congressional Review Act had been used to repeal a regulation since 2001, when a rule issued by the Occupational Health and Safety Administration was repealed. Rep. [Bill Huizenga]( (R-Mich.), one of the sponsors of repeal, argued that the regulation would place unnecessary costs on energy companies and hinder the competitiveness of American companies in the global market. Sen. [Sherrod Brown]( (D-Ohio), an opponent of repeal, argued that the regulation was meant to prevent potential fraud and corruption and to prevent American dollars from benefiting foreign officials. Wednesday, February 15 Andrew Puzder withdraws as nominee for secretary of labor post - [Secretary of labor nominee]( [Andy Puzder]( [withdrew]( from consideration following [reports]( that he did not have sufficient support in the Republican-controlled Senate to be confirmed. Puzder [said]( in a statement, "After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor. I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America's workers and businesses back on a path to sustainable prosperity. I want thank President Trump for his nomination. ... While I won't be serving in the administration, I fully support the President and his highly qualified team." Senate committee holds hearing on Endangered Species Act changes - The [U.S. Senate Committee on Environment and Public Works]( held a [hearing]( on legislative changes to the [Endangered Species Act](. Sen. [Tom Carper]( (D-Del.) argued at the hearing that while the Endangered Species Act could be revised in particular places, the law should remain in place due to what he deems its success at preventing the extinction of species. Dan Ashe, former director of the [U.S. Fish and Wildlife Service]( (the agency responsible for the [Endangered Species Act's enforcement](), argued that, in his view, the act is one of the most successful wildlife conservation laws in the world and should be revised to make the act stronger. Committee Chairman John Barrasso (R-Wyo.) stated, "The Endangered Species Act isn’t working today," arguing that approximately 3 percent of species listed as [endangered or threatened]( since 1973 (when the law was passed) have recovered enough to be [delisted](. Some senate Republicans argued that the act does not provide adequate participation by state governments in federal decisions, places unnecessary regulations on private land use, and allows certain groups to sue the federal government and settle lawsuits to achieve their policy preferences through litigation. - See also: [Endangered Species Act litigation](, [Private property and the Endangered Species Act](, and [Success rate of the Endangered Species Act]( Israeli PM meets with President Trump - Israeli Prime Minister Benjamin Netanyahu met with President [Donald Trump]( at the White House to discuss [U.S.-Israel relations](. At a [joint news conference](, Trump commented on Israeli settlement activity, saying to Netanyahu, "I'd like to see you hold back on settlements for a little bit. We'll work something out, but I would like to see a deal be made." Trump also said that he would accept either a one- or two-state solution if Israel and Palestine were both satisfied with the arrangement. "I'm very happy with the one that both parties like. I can live with either one. I thought for a while the two-state looked like it may be the easier of the two, but honestly if Bibi and if the Palestinians — if Israel and the Palestinians are happy, I'm happy with the one they like the best," he said. Filing closes for Georgia’s 6th District special election - Filing closed in the [special election for Georgia’s 6th Congressional District](. The election is being held to replace [Tom Price](, who was confirmed as[U.S. secretary of health and human services](. Eighteen candidates filed in the race: 11 Republicans, five Democrats, and two independents. All 18 candidates will compete in the same primary on April 18, 2017, and the top two, regardless of party affiliation, will advance to the general election to be held on June 20. The Republican Party is expected to be favored in this race, as Price won re-election in 2016 and 2014 by margins of 23 and 33 percent, respectively. Thursday, February 16 Gorsuch confirmation hearings scheduled to begin on March 20 - The[Senate Judiciary Committee]( scheduled hearings to consider the nomination of [Neil Gorsuch]( to the [U.S. Supreme Court](. The hearings are scheduled to begin on March 20 and are expected to last three to four days. Questioning of the nominee is scheduled for March 21, 2017. In a February 3 [interview]( with Roll Call, [Senate Judiciary Committee]( Chairman [Chuck Grassley]( (R-Iowa) announced his intention to complete hearings within a six-week timetable. The timetable coincides with the start of the U.S. Senate’s Easter recess, which is tentatively scheduled to run from April 10 to 21 according to the U.S. Senate’s [legislative calendar](. The U.S. Supreme Court’s final argument sitting of the court’s [current term]( begins on April 17, so if Judge Gorsuch is not confirmed before the Easter recess, it is unlikely he would sit for any cases during the court’s current term. President Trump holds his first solo press conference - President Donald Trump held his first [solo press conference]( as president, in which he announced [R. Alexander Acosta]( as his labor secretary nominee, discussed his administration’s early domestic and foreign policy goals, and criticized the media for how it was reporting on his administration. He made the following comments: - On [Michael Flynn’s resignation](: “He didn't have to do that, because what he did wasn't wrong—what he did in terms of the information he saw. What was wrong was the way that other people, including yourselves in this room, were given that information, because that was classified information that was given illegally. That's the real problem. … I fired him because of what he said to Mike Pence. Very simple. Mike [Flynn] was doing his job. He was calling countries and his counterparts. So, it certainly would have been OK with me if he did it. I would have directed him to do it if I thought he wasn't doing it.” - On [U.S.-Russia relations](: “If Russia and the United States actually got together and got along—and don't forget, we're a very powerful nuclear country and so are they. There's no up-side. We're a very powerful nuclear country and so are they. I have been briefed. And I can tell you one thing about a briefing that we're allowed to say because anybody that ever read the most basic book can say it, nuclear holocaust would be like no other. They're a very powerful nuclear country and so are we. If we have a good relationship with Russia, believe me, that's a good thing, not a bad thing.” - On the [Deferred Action for Childhood Arrivals (DACA) program](: “We're gonna show great heart, DACA is a very, very difficult subject for me, I will tell you. To me, it's one of the most difficult subjects I have because you have these incredible kids. In many cases, not in all cases. And some of the cases, having DACA and they're gang members and they're drug dealers, too. But you have some absolutely, incredible kids, I would say mostly. They were brought here in such a way—it's a very—it's a very, very tough subject.” Mulvaney confirmed as OMB director - [Mick Mulvaney]( was [confirmed]( by the U.S. Senate to be the next director of the Office of Management and Budget. The Senate’s vote was almost on a party line. Sen. [John McCain]( (R-Ariz.) joined all Senate Democrats in voting against Mulvaney after having voiced concerns about Mulvaney’s approach to military spending. The rest of the Senate Republicans voted in favor of Mulvaney, and he was confirmed 51-49. Mulvaney’s confirmation will trigger [a special election]( to fill [South Carolina’s 5th District]( seat in the U.S. House. Mulvaney served in the U.S. House from 2011 to 2017. Acosta announced as new labor secretary nominee - President [Donald Trump]( [announced]( law school dean [R. Alexander Acosta]( as his nominee for secretary of the U.S. Department of Labor during a press conference. Acosta’s nomination came a day after [Andrew Puzder](, Trump's first pick for the position, withdrew from consideration. Acosta was a member of the National Labor Relations Board where he was involved in more than 125 opinions. Through previous presidential appointments, Acosta has been confirmed by the Senate three times. - See also: [Confirmation process overview for Donald Trump's Cabinet nominees]( Justice Department files brief with the Ninth Circuit - The [Justice Department]( [filed a brief]( with the [Ninth Circuit Court of Appeals]( stating it would not seek a review by a full panel of the court of the temporary block placed on the [immigration-related executive order]( issued by President [Donald Trump]( on January 27, 2017. The brief also stated that Trump would be rescinding the executive order and replacing it with a new one in order to eliminate constitutional concerns. A three-judge panel of the Ninth Circuit had previously upheld the block on February 9, preventing enforcement of key provisions of the executive order—namely its suspension of the admission of residents of seven countries and all refugees—while its merits were evaluated in district court. House votes to defund abortion providers - Key vote: The House passed [HJ Res 43]( by a vote of [230-188](. The legislation proposes rescinding a regulation issued under former President [Barack Obama]( that prohibits states from cutting off funding to abortion-providing healthcare organizations. If passed by the Senate and signed by President [Donald Trump](, states would be able to deny federal funding to Planned Parenthood and other abortion providers. Friday, February 17 Senate votes to confirm Pruitt as EPA administrator - The Senate voted to confirm Oklahoma Attorney General [Scott Pruitt]( (R) as administrator of the [Environmental Protection Agency (EPA)]( by a vote of [52-46](. Sen. [Susan Collins]( (R-Maine) was the sole Republican vote against Pruitt. Sens. [Heidi Heitkamp]( (D-N.D.) and [Joe Manchin]( (D-W.Va.) were the sole Democratic votes against Pruitt. Sen. [John McCain]( (R-Ariz.) did not attend the vote due to his attendance at a military conference in Germany, and Sen. [Joe Donnelly]( (D-Ind.) did not attend the vote. Congress is off next week for its Presidents’ Day recess. Members of both chambers will return to Capitol Hill on Monday, February 27. The Supreme Court reconvenes for its February sitting this week. The court will hear its first arguments of this sitting on Tuesday, February 21, 2017. What's On Tap Next Week Tuesday, February 21 SCOTUS is back - The [U.S. Supreme Court]( reconvenes for its [February sitting]( and will hear arguments in two cases. - In [Hernandez v. Mesa](, the court will examine whether the parents of a Mexican citizen killed on Mexican soil by a U.S. Border Patrol agent firing from U.S. soil can bring a cause of action against the agent under the Fifth Amendment to the U.S. Constitution. A three-judge panel of the [United States Court of Appeals for the Fifth Circuit]( held that such a claim could be brought, but the full appeals court, rehearing the case [en banc](, reversed, holding that no case law existed at the time of the shooting that would have informed the agent that his conduct violated the [Fifth Amendment](. - In [McLane Company v. EEOC](, the court will consider the appropriate standard for federal appellate courts to use when reviewing a federal district court’s judgment on an administrative subpoena request made by the Equal Employment Opportunity Commission. Typically, federal appeals courts give deference to a district court’s decision on EEOC subpoena requests, but the [Ninth Circuit Court of Appeals]( reviews such requests de novo; that is, the court reviews such subpoena requests as if no district court action had occurred. The Ninth Circuit is the only federal appeals court that does not afford deference to district court actions on such subpoenas. Wednesday, February 22 SCOTUS hears argument in one case - The [U.S. Supreme Court]( will hear argument in [Kindred Nursing Centers v. Clark](, an appeal from a decision of the [Kentucky Supreme Court](. The case centers on a Kentucky Supreme Court rule that power-of-attorney covenants must contain explicit language authorizing the agent acting as power-of-attorney to enter into arbitration agreements on behalf of the principal. Such a rule only applies to arbitration agreements in Kentucky and not to other types of contracts. Kindred Nursing Centers argues that Section Two of the Federal Arbitration Act (FAA) declared Congress' clear intent to treat arbitration agreements on equal footing with any other type of contract and made the enforcement of such agreements a matter of federal law. Kindred believes that the Kentucky rule putting arbitration agreements into a special status is in violation of the FAA. Friday, February 24 - The [Democratic National Committee]( begins its meeting to select a new chair. During the 2016 presidential campaign, the DNC’s Chairwoman [Debbie Wasserman Schultz]( stepped down after leaked emails appeared to show Wasserman Schultz and other DNC officials strategizing against [Hillary Clinton](’s primary opponent, [Bernie Sanders](. Democratic strategist [Donna Brazile]( has served as interim chair. Candidates for the chairmanship include [New Hampshire Democratic Party]( Chairman [Raymond Buckley](, Congressman [Keith Ellison]( ([D](-[Minn.](), [South Carolina Democratic Party]( Chairman [Jaime Harrison](, [U.S. Secretary of Labor]( [Tom Perez](, [Idaho Democratic Party]( executive director [Sally Boynton Brown](, and Mayor of [South Bend, Indiana](, [Pete Buttigieg](. A majority of the DNC’s membership is required to elect a new chair. See our overview of the chair race, including the stated priorities of the candidates, [here](. Where was the president last week? President [Donald Trump]( arrived back in Washington, D.C., after his weekend at Mar-a-Lago with Japanese Prime Minister Shinzo Abe. Throughout the week, Trump met separately with Canadian Prime Minister Justin Trudeau and Israeli Prime Minister Benjamin Netanyahu at the White House; spoke with President Jacob Zuma of South Africa, President Muhammadu Buhari of Nigeria, President-Elect Frank-Walter Steinmeier of Germany, President Michel Temer of Brazil, and President Juan Manuel Santos of Colombia; met with members of Congress for a listening session; and participated in the swearing-in of Secretary of the Treasury [Steven Mnuchin](. 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. 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