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The week in review: March 4 - March 10
What's on tap next week: March 11 - March 17
What's on tap? House Republicans released a bill to replace the Affordable Care Act. On March 6, Representatives[Kevin Brady]( (R-Texas) and [Greg Walden]( (R-Ore.) [introduced]( the [American Health Care Act]( (AHCA) in the U.S. House of Representatives. The bill is a reconciliation bill, meaning it impacts the budgetary and fiscal provisions of the ACA, and does not contain a provision to repeal the law in its entirety. The bill would repeal the penalties on individuals for not maintaining health coverage and on employers for not offering coverage. In place of the individual mandate and income-based subsidies, the bill outlines a system of tax credits based on age and a penalty in the form of increased premiums for individuals who do not maintain continuous coverage.
Conservative and libertarian-leaning Republicans—led by members of the House Freedom Caucus, the Republican Study Committee, and Sen. [Rand Paul]((R-Ky.)—have [criticized]( the AHCA because it does not fully repeal the ACA, includes an extended period for the Medicaid expansion, and replaces income-based subsidies in the ACA with age-based tax credits, which they see as a new entitlement. Some centrist Republicans have criticized the bill because they oppose the changes to Medicaid. Sens. [Lisa Murkowski]( (R-Alaska) and [Susan Collins]( (R-Maine) oppose the bill because it would defund organizations like Planned Parenthood that provide women's healthcare services as well as abortion services. No Democratic members of Congress support the bill.
Speaker of the House [Paul Ryan]( (R-Wis.) and Reps. Walden and Brady have countered opposition in their party by explaining that they would like to make additional changes to the healthcare system but they had to put forward a bill that had a chance of passing the Senate. Walden said that passing a full repeal of the ACA would require support from Democrats, but Democrats are strongly opposed to a full repeal. Because a repeal bill would not meet the 60-vote threshold, Walden and Brady proposed a reconciliation bill that only needs a simple majority to pass in the Senate. Walden [said](, “Part of what we’re getting criticized for is what’s not in this bill. There are a lot of things that we will do going forward in the next bucket that we are prohibited from putting in this bill because of the rules of the Senate on reconciliation. So we could load this thing up, but then you got to get 60 votes in the Senate. You can get 60 votes in the Senate, I’m all for doing more. I want to get as much reform as I can here. This is the start. This is one piece.”
[Find out where members of Congress stand on the AHCA](
The Week in Review
Saturday, March 4
Trump accuses Obama of wiretapping Trump Tower during 2016 presidential election
- In a [series of tweets](, President [Donald Trump]( accused former President [Barack Obama]( of having Trump Tower, the headquarters of the Trump Organization, wiretapped during the [2016 presidential election](. He wrote, “Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism!” In another tweet, Trump continued, “How low has President Obama gone to tapp [sic] my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!”
- Trump was [criticized]( by Democratic members of Congress for not providing proof of his claim. “If there is something bad or sick going on, it is the willingness of the nation's chief executive to make the most outlandish and destructive claims without providing a scintilla of evidence to support them,” said Rep. [Adam Schiff]( (D-Calif.), the ranking member on the [House Intelligence Committee](. Some Republicans [called]( for investigations based on Trump’s claim, while Sen. [John McCain]( (R-Ariz.) said that Trump should share the source of his information.
- House Intelligence Committee chair Rep. [Devin Nunes]( (R-Calif.) [said]( on Sunday that the committee would “make inquiries into whether the government was conducting surveillance activities on any political party’s campaign officials or surrogates, and we will continue to investigate this issue if the evidence warrants it” as part of its investigation into alleged [Russian interference]( in the election.
- The White House also [released]( the following statement on Sunday: “President Donald J. Trump is requesting that as part of their investigation into Russian activity, the congressional intelligence committees exercise their oversight authority to determine whether executive branch investigative powers were abused in 2016. Neither the White House nor the President will comment further until such oversight is conducted.”
Sunday, March 5
Montana Democrats choose special election nominee
- Musician [Rob Quist]( was selected to be the Democratic Party nominee in [Montana’s At-Large District special election](. Quist beat out seven other candidates to win the nomination, including state reps. [Amanda Curtis]( and [Kelly McCarthy](. The special election will replace[Ryan Zinke]( (R) who was confirmed as secretary of the[U.S. Department of the Interior]( on March 1, 2017. Ballotpedia currently rates this race as safely Republican.
Monday, March 6
Trump issues new executive order on immigration and refugee admission
- President [Donald Trump]( [issued]( a revised executive order on immigration, entitled "[Protecting the Nation from Foreign Terrorist Entry into the United States](," to suspend immigration from Iran, Libya, Somalia, Sudan, Syria, and Yemen for 90 days. Iraq, which was named in Trump’s [original January 27 order](, was removed from the list of covered countries after the Iraqi government instituted new vetting procedures, including heightened visa screening and data sharing with the U.S. Other differences from the January 27 order include specifying that current visa holders were not affected, removing the indefinite suspension on admitting Syrian refugees, and allowing entry for refugees who had already been granted asylum.
- On March 7, Hawaii Attorney General [Doug Chin]( filed a [lawsuit]( against the order. Chin asked a federal judge to uphold the restraining order imposed on the [previous executive order]( and apply it to the new one.
- On March 9, Washington Attorney General [Bob Ferguson]( (D) filed a motion asking a federal judge to extend an existing injunction against the previous travel ban to the new executive order. Ferguson announced that attorneys general from New York, Massachusetts, and Oregon would be joining in his effort to enforce the injunction against the new order.
- See also: [Trump's immigration executive order issued March 6]( and [Federal policy on immigration, 2017-2020](
SCOTUS sends transgender bathroom case back to the 4th Circuit
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The [U.S. Supreme Court]( voided the judgment of the [Fourth Circuit Court of Appeals]( in [Gloucester County School Board v. G.G.](, a case involving a school board policy on the use of school bathrooms by transgendered individuals. The Supreme Court also sent the case back to the circuit court for new proceedings pursuant to new guidance issued by the [U.S. Department of Education]( and the [U.S. Department of Justice]( on February 22, 2017, related to federal policy regarding transgender bathroom laws in public schools. Because the Supreme Court vacated the Fourth Circuit’s ruling, the school board’s policy is in effect in lieu of another judicial order limiting or restricting the enforcement of the policy.
SCOTUS issues rulings in two cases
- The U.S. Supreme Court also issued opinions in two cases argued during this [term](:
- In [Beckles v. United States](, the court unanimously affirmed the judgment of the [Eleventh Circuit Court of Appeals]( in holding that the U.S. Sentencing Guidelines are merely advisory guidelines and not a sentence-fixing statute. Because the guidelines merely advise judges on sentencing but do not mandate or require a fixed sentence, the court ruled that language in the guidelines defining crimes of violence could not be subject to a vagueness challenge under the due process clause. Had the guidelines been held to be a sentence-fixing statute, and not merely advisory, then a vagueness challenge could have been advanced. Justice [Clarence Thomas]( wrote the opinion for a unanimous court in his first authored opinion of this term. Justice [Anthony Kennedy]( wrote a concurring opinion. Justices [Ruth Bader Ginsburg]( and [Sonia Sotomayor]( each wrote an opinion concurring in the judgment only. Justice [Elena Kagan]( recused herself based on her prior involvement as [U.S. solicitor general](.
- In [Pena-Rodriguez v. Colorado](, the court held that a Sixth Amendment inquiry is required when evidence of explicit racial animus by a juror is presented after a defendant is convicted. This ruling created a race-based exception to what are known as no-impeachment rules. These rules are used to prohibit the introduction of testimony regarding statements made during jury deliberations when those statements are later introduced to challenge the jury's verdict. Justice [Anthony Kennedy]( delivered the opinion of the court for a five-justice majority—his third opinion in argued cases this term. Justice [Samuel Alito]( wrote a dissenting opinion, which was joined by [Chief Justice Roberts]( and [Justice Thomas](. Justice Thomas also wrote a dissenting opinion.
- For more, see our coverage of the [Supreme Court’s October 2016 term](
Montana Republicans choose special election nominee
- Businessman [Greg Gianforte]( was selected to be the Republican Party nominee in [Montana’s At-Large District special election](. Gianforte beat out six other candidates to win the nomination, including state Sen. [Ed Buttrey]( and state Rep. [Carl Glimm](. The special election will replace[Ryan Zinke]( (R) who was confirmed as secretary of the[U.S. Department of the Interior]( on March 1, 2017. Ballotpedia currently rates this race as safely Republican.
VERBATIM FACT CHECK
[Did President Trump make it harder to save for retirement and for first-time homebuyers to buy a home?](
DNC Chair Tom Perez claimed that President Trump “made it harder for first-time homebuyers to buy a home” and “tried to make it harder for people to save for retirement.” Perez apparently was referring to two actions: 1) Suspension of a pending reduction in FHA mortgage insurance premiums; and 2) review of a regulation that would require all retirement advisers to act as fiduciaries. Neither the premium rate reduction nor the fiduciary rule were in effect when the president took action. Therefore, FHA insurance rates did not increase for first-time homebuyers, and it did not become harder for anyone to save for retirement.
Tuesday, March 7
Deputy AG nominee questioned about appointing a special prosecutor in Russia investigation
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During his [confirmation hearing]( before the [Senate Judiciary Committee](, [Rod Rosenstein](, Trump's nominee for deputy attorney general, declined to commit to appointing a special prosecutor to investigate alleged connections between [Russia]( and the Trump campaign. In response to Sen. [Richard Blumenthal]( (D-Conn.), Rosenstein said, "You view it as an issue of principle that I need to commit to appoint a special counsel in a matter that I don't even know if it is being investigated, and I view it as an issue of principle that as a nominee for deputy attorney general, I should not be promising to take action on a particular case."
Senate passes resolution repealing Bureau of Land Management planning rule
- The [U.S. Senate]( passed a [resolution]( under the Congressional Review Act to repeal the [U.S. Bureau of Land Management]('s (BLM) 2016 regulation known as the Planning 2.0 rule. The resolution was passed by a vote of 51 to 48. The [U.S. House of Representatives]( passed a similar resolution in February 2017 by a vote of 234 to 186. The rule included changes to resource management policies at the federal level and would revise federal procedures on public participation in BLM decisions and the use of data and technology in mining, drilling, and logging decisions. Under the Congressional Review Act, Congress can reverse regulations within 60 days of their finalization, and the resolution must be signed by the president.
- Proponents of the rule argue that it would increase public participation in federal land use decisions and improve the agency's ability to implement land management policies in response to changing economic, social, and environmental circumstances.
- Opponents of the rule argue that it would limit public participation from states and localities by concentrating land use decision-making at the federal level and would undermine the multiple-use management policy enacted under the [Federal Land Policy and Management Act of 1976](.
- See also: [Federal policy on environmental regulations, 2017-2020](, [Federal land policy](
VERBATIM FACT CHECK
[Do 67 percent of Americans think the EPA should stay the same or be strengthened?](
Media widely reported that the Trump administration is seeking to decrease the budget of the Environmental Protection Agency (EPA) by about 25 percent. In response, Elizabeth Thompson, vice president for climate and political affairs at the Environmental Defense Fund, said that decreasing the EPA's budget, in her view, "goes against the wishes of the American public — 67 percent of whom think EPA should stay the same or should be strengthened." Thompson correctly cited the results of a January 2017 Ipsos/Reuters poll in which 41 percent of respondents said that the EPA should be “strengthened” or “expanded,” and 26 percent said it should “remain the same.” The responses varied between Democrats, Republicans, and independents. Other polls have found that a majority of Americans support government efforts aimed at protecting the environment, although favorability and job ratings of the EPA have been mixed. When survey results are anatomized, opinions vary by political affiliation, age, and education level.
Wednesday, March 8
Changes expected for the EB-5 immigrant investor program
- Members of the [House Judiciary Committee]( [indicated]( that the EB-5 immigrant investor program—which allows individuals who invest $1 million in the U.S. or $500,000 in high unemployment areas to obtain a green card—should be altered or discontinued at the end of April. Rep. [Jim Sensenbrenner]( (R-Wis.) said, "The days of last-minute extensions and continuing resolutions are over. Let me repeat that: No more extensions in CRs." Rep. [John Conyers]( (D-Mich.) similarly said, "I must reiterate to achieve the necessary reforms to the EB5 programs, there is no substitute to a meaningful legislative solution, and absent significant reform, either regulatory or legislative, I will not be able to support continued authorization of this program." Proposals to modify the program included raising the minimum investment threshold from $500,000 to $1.35 million and narrowing the requirements for what qualifies as a high unemployment area.
- See also: [Federal policy on immigration, 2017-2020]( and [Federal policy on jobs, 2017-2020](
House passes defense spending bill
- The House passed [HR 1301—the Department of Defense Appropriations Act, 2017](—by a vote of [371-48](. The $577.9 billion fiscal year 2017 defense spending bill [proposes]( $516.1 billion in base budget funding and $61.8 billion for the Overseas Contingency Operations/ Global War on Terrorism funding. The bill requests $1.6 billion more than the Obama Administration sought in its last budget request.
- See also: [Federal policy on the military, 2017-2020](
VERBATIM FACT CHECK
[Did 52,000 Canadians leave Canada for healthcare in 2014?](
At a CNN debate between Sen. Ted Cruz and Sen. Bernie Sanders, Cruz responded to what he said is Sanders' frequent praise of the Canadian healthcare system by claiming that "In 2014 over 52,000 Canadians left Canada to get health care in the United States and other countries." According to research by Fraser Institute, 45,619 Canadians sought non-emergency medical treatment outside of Canada in 2015, the latest year of available data. However, 52,513 Canadians did so in 2014, as Cruz claimed. The Fraser researchers suggest that wait times for specialty services might prompt many Canadians to travel elsewhere for treatment. A lack of data prevents comparisons with other countries.
Thursday, March 9
EPA administrator says carbon dioxide is not a primary contributor to global warming
- [Environmental Protection Agency]( Administrator (EPA) [Scott Pruitt]( [said on CNBC's "Squawk Box"]( that he did not agree that [carbon dioxide]( is a primary contributor to global warming and that additional scientific study is needed to measure the impact of human activity on [global warming and climate change](. When asked whether he agreed that carbon dioxide (CO2) was the primary contributor to changes in the climate, Pruitt said, "I think that measuring with precision human activity on the climate is something very challenging to do and there's tremendous disagreement about the degree of impact, so no, I would not agree that it's [carbon dioxide] a primary contributor to the global warming that we see." Pruitt's statement was contrary to the EPA's [webpage (as of March 9) on the causes of climate change](, which stated that "Carbon dioxide is the primary [greenhouse gas]( that is contributing to recent climate change." When asked whether he would revise the EPA's determination in 2009 that, in its view, carbon dioxide and similar gases were contributors to potentially human-caused climate change, Pruitt said the issue may be addressed by the EPA in the future but said that [Congress]( should also address the issue.
- See also: [Federal policy on environmental regulations, 2017-2020](, [Climate change](, [Opposing views of climate change theory](
Former Utah Gov. Jon Huntsman, Jr. accepts Trump’s nomination for Russian ambassador
- [Jon Huntsman, Jr.](, the former governor of Utah and a 2012 Republican presidential candidate, reportedly [accepted]( President [Donald Trump](’s nomination to be the U.S. ambassador to [Russia](. He previously served as the U.S. ambassador to China under former President [Barack Obama]( from 2009 to 2011 and the U.S. ambassador to Singapore under former President [George H.W. Bush]( from 1992 to 1993.
The U.S. Senate will be in session Monday-Wednesday. The U.S. House will be in session Tuesday-Friday.
The Supreme Court is between argument sessions. The court will continue to issue orders throughout the session break and will next hear arguments on Monday, March 20.
What's On Tap Next Week
Saturday, March 11
William Riley steps down as chief judge of the Eighth Circuit
- Judge [William Riley](, who announced that he would elect to take [senior status]( beginning on June 30, 2017, completed his seven-year term as [chief judge]( of the [United States Court of Appeals for the Eighth Circuit](. Riley, who succeeded Judge [James Loken]( as chief judge, first joined the court on August 3, 2001. Judge [Lavenski Smith]( succeeds Judge Riley as chief judge of the Eighth Circuit. According to a [report]( in the Star Tribune, Smith is the first African-American judge to ever serve as chief judge of the Eighth Circuit.
Monday, March 13
Filing deadline for South Carolina special election
- The filing deadline for the [special election to South Carolina’s 5th Congressional District]( will occur. The election is being held to replace [Mick Mulvaney]( (R) who was confirmed as director of the[U.S. Office of Management and Budget]( on February 16, 2017. Ballotpedia currently rates the race as safely Republican. Primary elections will take place on May 2, 2017, with the general election occurring on June 20, 2017.
Where was the president last week?
In addition to other policy discussions, President [Donald Trump]( met with key healthcare policy leaders at the White House throughout the week. On Monday, he met with OMB Director and former Rep. [Mick Mulvaney]( and HHS Secretary and former Rep. [Tom Price](. On Wednesday, he met with conservative leaders to discuss healthcare.
Federal Judiciary
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131 total federal judicial vacancies
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1 pending nomination
- 12 future vacancies
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