Tracking Opposition to the AHCA

Stay in the know this week: No Images? [Click here]( [Ballotpedia: The Encyclopedia of American Politics]( The week in review: March 18 - March 24 What's on tap next week: March 25 - March 31 What's on tap? The AHCA. This month, House Republicans introduced the American Health Care Act of 2017 (AHCA), a reconciliation bill that proposed modifying the budgetary and fiscal provisions of the Patient Protection and Affordable Care Act (ACA), also known as Obamacare. The bill did not propose repealing the ACA in its entirety, a move that was criticized by some conservatives who called for a full repeal of President Barack Obama's signature healthcare law. On Friday, March 24, House Republican leaders withdrew the bill amid dwindling support, cancelling a vote scheduled for that afternoon. Ballotpedia tracked the opposition in the House to the AHCA. As of March 24, 2017, 36 representatives had expressed opposition to the healthcare bill. If all Democratic representatives had voted against the AHCA—which they were expected to do—and more than 22 Republican representatives had voted against the bill, it would have failed. Two amendments added to the bill last week—one that would have allowed work requirements and block grants in Medicaid, and another that would have repealed the ACA’s essential benefits provision—did little to garner support among Republicans in opposition. [Click here to launch the full list of Republicans in opposition to the AHCA]( [Read up on other Republican-proposed ACA repeal plans here]( The Week in Review Saturday, March 18 Judicial transitions took place on Saturday - [J. Daniel Breen](, former [chief judge]( of the [United States District Court for the Western District of Tennessee](, elected to take [senior status]( on Saturday. Judge Breen’s decision created an Article III vacancy on the court. To enter into an [Article III position](, a judge must be nominated by the president. Nominations are then subject to the advice and consent of the [U.S. Senate](. Under current law, the court has five active judicial posts. Judge Breen’s decision will create a second vacancy on the court. - Judge [Eric Washington](, former chief judge of the [District of Columbia Court of Appeals](, retired from active service on the court. Judge Washington transitioned to a senior judicial position on the court. The District of Columbia Court of Appeals hears appeals from local courts serving residents of [Washington, D.C.]( Judge Washington was on the court for 17 years, serving as chief judge for 11 years - the longest tenure of any chief judge in the court’s history. Prior to his service on the D.C. Court of Appeals, Judge Washington was an associate judge on the [Superior Court of the District of Columbia](. Judge Washington was succeeded as chief judge by Judge [Anna Blackburne-Rigsby](. Judge Washington’s seat on the court must be filled by a presidential nomination. That nomination is subject to Senate confirmation. The court currently has two vacancies out of nine active judicial positions. - Judge [Jeanette Clark](, a judge on the [Superior Court of the District of Columbia](, retired from the court. Judge Clark’s retirement creates a sixth vacancy on the court out of 62 active judicial positions. Judges on the Superior Court of the District of Columbia serve fifteen-year terms on the court. The court hears criminal and civil trials arising in [Washington, D.C.]( Judge Clark’s successor must be nominated by the president. That nomination is subject to the advice and consent of the [U.S. Senate](. Sunday, March 19 Secretary of State Tillerson meets with Chinese President Xi - Secretary of State [Rex Tillerson]( [met]( with Chinese President Xi Jinping in Beijing, where he described the state of [U.S.-China relations]( as being guided by "non-confrontation, no conflict, mutual respect, and always searching for win-win solutions." Hours prior to the meeting, [North Korea](, whose primary trading partner is China, tested a rocket. "Although neither side brought up the subject publicly, Tillerson had been expected to raise the prospect of financial penalties on Chinese companies and banks that do business with North Korea," CNN [reported](. Monday, March 20 Ballotpedia launches the [Number of the Day]( [Number of the Day]( - [Scott Rasmussen](, Ballotpedia’s newest Editor-at-large, began publishing a [daily feature]( on the site highlighting newsworthy and interesting topics at the intersection of politics, culture, and technology. Each article will focus on one significant number, and why Ballotpedia readers need to know these statistics. - Rasmussen’s [first article, featuring the 206 Pivot Counties](, was released Monday. A total of 206 counties across the nation voted for Barack Obama in both 2008 and 2012, but voted for Donald Trump in 2016. These Pivot Counties had an outsized impact on the election results. Despite casting only 5 percent of the national vote total in 2016, they accounted for 51 percent of the popular vote shift toward Republicans. - [Learn more about the 206 Pivot Counties]( FBI Director Comey testifies before the House Intelligence Committee - FBI Director [James Comey]( [testified]( before the [House Intelligence Committee]( as part of its investigation into [Russian interference in the 2016 presidential election](. During the hearing, Comey confirmed that the FBI was investigating potential ties between the [Trump campaign]( and the Russian government, although he could not disclose whose conduct was under review. - White House press secretary [Sean Spicer]( [responded]( to Comey's testimony during his daily press briefing by noting that several [Obama administration]( officials had said there was no evidence of collusion. - Comey was [also asked]( about Trump’s allegations that Obama had [wiretapped]( Trump Tower during the presidential election. He said, “With respect to the president's tweets about alleged wiretapping directed at him by the prior administration, I have no information that supports those tweets and we have looked carefully inside the FBI. The Department of Justice has asked me to share with you that the answer is the same for the Department of Justice and all its components. The department has no information that supports those tweets.” Department of Homeland Security releases first detainer report - The [Department of Homeland Security]( released its first weekly "[Declined Detainer Outcome Report,](" highlighting jurisdictions that have not honored Immigration and Customs Enforcement detainers requesting potentially removable individuals in police custody be held for an additional length of time beyond their scheduled released. - The report [also included](examples of criminal charges associated with these released individuals and identified the 10 counties with the most declined detainers: Clark County in Nevada, Nassau and Franklin Counties in New York, Cook County in Illinois, Montgomery and Franklin Counties in Iowa, Snohomish County in Washington, Washington County in Oregon, Alachua County in Florida, and Franklin County in Pennsylvania. - See also: [Federal policy on immigration, 2017-2020]( Supreme Court nomination hearings held - The [Senate Judiciary Committee]( began confirmation hearings on [Neil Gorsuch](, President [Donald Trump’s]( nominee to succeed [Antonin Scalia]( on the [U.S. Supreme Court](. Trump nominated Gorsuch to the Supreme Court on January 31, 2017. On Monday, senators made opening statements with the nominee in attendance. Judge Gorsuch also made an opening statement. - Read more about [day one]( of the confirmation hearings. - [Read on for our other daily summaries of the Gorsuch confirmation hearings]( The U.S. Supreme Court returns for its March sitting - The U.S. Supreme Court returned for its March sitting on Monday with arguments in two cases: - In [Murr v. Wisconsin](, the court reviewed a judgment of the [Wisconsin Court of Appeals for District III](. A [St. Croix County, Wisconsin](, ordinance prohibits the development or sale of privately owned, adjacent lots unless any one individual lot has at least one acre of net project area. The Murrs, owners of two adjacent lots in the county each less than one acre, challenged the ordinance as a regulatory taking of their property without compensation in violation of the [Fifth Amendment](. - In [Howell v. Howell](, the court reviewed a probate case on appeal from the [Arizona Supreme Court](. Beginning in 1992, and pursuant to their 1991 divorce agreement, John and Sandra Howell received equitable amounts of John's military retirement pay (MRP). In 2005, John elected to take VA disability payments effective from July 1, 2004, which, under federal law, reduced the amount of disposable MRP that could be divided between John and Sandra once VA benefits were reduced from John's MRP. Sandra sued in 2013 seeking her equitable portion of the MRP prior to the reduction for VA benefits. An [Arizona]( family court granted her request back to December 1, 2011. A court of appeals upheld the ruling. John argued on appeal that a federal law, the Uniformed Services Former Spouses' Protection Act (USFSPA), preempted the state court's ruling because VA disability payments are not considered divisible assets. The [Arizona Supreme Court]( rejected that argument and upheld the lower court's award to Sandra. U.S. House adds amendment to the American Health Care Act of 2017 - On Monday evening, the House [added an amendment]( to the proposed [American Health Care Act](. The amendment provided for extra funding for tax credits for older Americans to help them pay their premiums and instructed the Senate to design the tax credits. It also removed a provision in the original bill that would have allowed individuals to deposit leftover tax credit money into a[health savings account](. The amendment would also allow states to establish work requirements for their Medicaid programs and would allow states to receive federal [Medicaid]( funding in the form of block grants if they chose. Finally, the amendment would repeal many of the ACA's taxes and fees and would delay the 40 percent excise tax on employer-sponsored plans until 2026. - [View all of Ballotpedia's coverage of the AHCA this week]( Rep. Jim Renacci announces run for governor - U.S. Rep. [Jim Renacci]( (OH-16) announced that he would be running for [governor in 2018]( rather than seeking [re-election to his U.S. House seat](. [Ohio’s 16th Congressional District]( is expected to be a safe Republican hold in 2018. Renacci is the first member of Congress to confirm a [run for another office in 2018](. VERBATIM FACT CHECK [Was economic growth sluggish during the Obama presidency?]( A C-SPAN survey of 91 presidential historians rated former President Barack Obama as the nation’s 12th-best president, and 8th-best in economic management. An editorial in The Oklahoman challenged the rankings, noting: "the sluggish growth of the Obama years is one of the major strikes against his presidency." In the expansion period that began under President Obama, [GDP growth has averaged 2.1 percent per year](, the slowest rate among the 11 expansion periods since 1949. Total employment grew 8.6 percent, from 140 million in June 2009 to 152 million in December 2016, and quarterly wages and salaries increased 18 percent, from $7.1 to $8.4 trillion (in 2017 dollars). Employment and wages grew more during five of the 11 economic expansions since 1949. Tuesday, March 21 Coalition of Democratic groups launches anti-Gorsuch digital campaign - [The People’s Defense](, a coalition of 19 Democratic-leaning organizations, [launched]( a digital ad campaign opposing Neil Gorsuch’s nomination to the U.S. Supreme Court. The coalition’s ads[aimed]( to present Gorsuch as a judge who would seek to overturn Roe v. Wade and who would be favorable to corporations, and they initially targeted Democratic senators up for re-election in 2018 in states that President Trump carried in 2016. Neil Gorsuch confirmation hearings continue - [Neil Gorsuch](, President [Donald Trump’s]( nominee to the [U.S. Supreme Court](, began the first of two days of testimony before the [Senate Judiciary Committee](. Each committee member was given 30 minutes for questioning. - Read more about [day two]( of the confirmation hearings. SCOTUS hears argument in two cases - The U.S. Supreme Court heard arguments in two cases on Tuesday. - In [Microsoft Corporation v. Baker](, the court reviewed a judgment of the [Ninth Circuit Court of Appeals](. After a federal judge denied class action certification to plaintiffs, a group of individual Xbox owners, in a lawsuit against Microsoft, the plaintiffs voluntarily moved to dismiss the case with prejudice, a motion which the court granted. Dismissing a claim with prejudice would permit the plaintiffs to bring the same charges again in future litigation. Despite the voluntary dismissal, the [Ninth Circuit]( noted jurisdiction and reversed, holding that the judge committed legal error in striking class-action allegations from the plaintiffs’ complaint. Microsoft claimed that once the plaintiffs voluntarily moved to dismiss there was no cause for appellate review. - In [Impression Products, Inc. v. Lexmark International, Inc.](, the court reviewed an [en banc]( judgment from the [U.S. Court of Appeals for the Federal Circuit](. In its ruling, the circuit court upheld the validity of two of its own precedents as binding in the law of patent exhaustion, that is, when a patent holder no longer has exclusive rights over the use of a patented item once that item has been sold. Impression Products argued that two recent [U.S. Supreme Court]( opinions in this area of law supercede the Federal Circuit's precedents. SCOTUS issues rulings in three cases - The [U.S. Supreme Court]( issued rulings in three cases on Tuesday. - In [Manuel v. City of Joliet](, in an opinion by Justice [Elena Kagan](, the court held that a criminal defendant has rights to challenge the legality of detention prior to trial under the [Fourth Amendment]( once legal process in a criminal case begins. Justices [Samuel Alito]( and [Clarence Thomas]( dissented in the case. - In [SCA Hygiene Products Aktiebolag v. First Quality Baby Products](, in an opinion by Justice Alito, the court held that any patent infringement case filed within the statute of limitations cannot be barred by a defendant's use of laches, which is a defense used to argue that a plaintiff has waited an unreasonable amount of time to file a claim and that this delay is prejudicial toward the defendant. Justice [Stephen Breyer]( dissented in the case. - In [NLRB v. SW General Inc.](, in an opinion by [Chief Justice]( [John Roberts](, the court held that an individual who has been nominated by the president to a position requiring Senate confirmation cannot serve in that position in an acting capacity once nominated. Justice [Clarence Thomas]( authored a concurring opinion. Justices [Ruth Bader Ginsburg]( and [Sonia Sotomayor]( dissented. Trump makes first Article III lower court appointment - [Amul Thapar](, a judge on the [United States District Court for the Eastern District of Kentucky](, was nominated by President [Donald Trump]( to a seat on the [United States Court of Appeals for the Sixth Circuit](. Thapar is the second federal judicial nomination of Trump’s presidency. This is also Trump’s first nomination to an Article III lower court in the federal judiciary. At present, there are 134 vacancies on federal courts in which a presidential nomination is required. Judge Thapar was on Trump’s [list of 21 potential candidates]( to succeed Justice [Antonin Scalia]( on the [U.S. Supreme Court](. Trump has indicated that he would only select nominees to the Supreme Court from that list for the duration of his administration. If confirmed by the [U.S. Senate](, Thapar would succeed Judge [Boyce Martin](, who retired from judicial service on August 16, 2013. - For more, please see [our report]( on judicial vacancies. Wednesday, March 22 Labor secretary nominee Alexander Acosta has confirmation hearing - The [confirmation hearing]( for President [Donald Trump](’s labor secretary nominee, [Alexander Acosta](, was held before the [Health, Education, Labor, and Pensions Committee](. Acosta was questioned about the [fiduciary rule](, efforts to expand the number of workers eligible for [overtime pay](, and his time at the Justice Department. Acosta was nominated on February 16 after Trump's first pick for the position, [Andrew Puzder](, withdrew from consideration. Neil Gorsuch completes second day of testimony - Judge [Neil Gorsuch]( completed two days of testimony before the [Senate Judiciary Committee](. His testimony was completed in two rounds today. In the first round, each committee member was given 20 minutes to question the nominee; in the second round, committee members were limited to 15 minutes. Hearings on Judge Gorsuch concluded on Thursday with testimony from outside witnesses. - Read more about [day three]( of the confirmation hearings. SCOTUS hears argument in two cases - The U.S. Supreme Court heard arguments in two cases on Wednesday. - In [County of Los Angeles v. Mendez](, the court reviewed a [Fourth Amendment]( ruling of the [U.S. Court of Appeals for the Ninth Circuit](. While executing a warrantless search for a wanted parolee, two [L.A. County]( sheriff's deputies, without notice, searched a shack within a homeowner’s property line where they happened upon two occupants who were living in the shack with the homeowner's permission. Upon notice of a weapon held by one of the occupants, the deputies fired fifteen rounds from their service weapons, injuring both occupants. At trial, the deputies asserted qualified immunity for the warrantless search and the resulting injuries sustained by the occupants of the shack, but a trial court and an appellate panel rejected that argument, holding that the deputies' actions were not consistent with the [Fourth Amendment]( and that the deputies were subject to civil liability because the deputies' actions provoked the shooting. - In [Water Splash, Inc. v. Menon](, the court reviewed a judgment from the [Texas Fourteenth District Court of Appeals](. Prior to any civil lawsuit, a party must be served process. The Hague Service Convention (Convention), to which the U.S. is a signatory, establishes requirements for serving process from one member state to another without the use of consular or diplomatic channels. Water Splash, Inc., a U.S.-based corporation, filed a civil lawsuit in a Texas court against an employee (Menon) who is a citizen of Canada. In hopes of expediting the servicing of process, Water Splash relied on a Texas rule of civil procedure that permitted notice by mail. When Menon failed to respond, Water Splash was awarded default judgment. On appeal, Menon alleged that servicing of process by mail was prohibited by the Convention and that the default judgment against her should be set aside. The [Texas Fourteenth District Court of Appeals]( agreed with Menon. SCOTUS issues rulings three cases - The U.S. Supreme Court issued rulings in three cases on Wednesday. - In [Czyzewski v. Jevic Holding Corporation](, in an opinion by Justice [Stephen Breyer](, the court held that a bankruptcy court does not have the authority to authorize asset distribution to creditors in a structured bankruptcy dismissal outside of the priority order established by the U.S. Bankruptcy Code absent the consent of the creditors. Justice [Clarence Thomas]( authored a dissent in the case which was joined by Justice [Samuel Alito](. - In [Star Athletica LLC v. Varsity Brands, Inc.](, in an opinion by Justice [Clarence Thomas](, the court held that a single feature incorporated into the design of a useful article is eligible for copyright protection, but only if the feature can be perceived as art separate from the article and if, imagined separately, the feature itself would qualify for copyright protection. Justice [Ruth Bader Ginsburg]( authored an opinion concurring in the judgment. Justice [Stephen Breyer]( authored a dissent in the case which was joined by Justice [Anthony Kennedy](. - In [Endrew F. v. Douglas County School District](, in an opinion by [Chief Justice John Roberts](, the court unanimously held that the Individuals with Disabilities Education Act (IDEA) requires schools to offer an individualized education plan (IEP) that is reasonably calculated to enable a child to progress that is appropriate in light of the child's circumstances. The court declined to create a uniform rule for determining the adequacy of an IEP, but noted that the adequacy of an IEP would depend on the circumstances of the child for whom the IEP was created. Justice Department requests Fourth Circuit expedite its review of Trump immigration EO injunction - The Justice Department [requested]( that the [Fourth Circuit Court of Appeals]( expedite its review of the [immigration executive order]( President Donald Trump issued on March 6. Last week, federal judge [Theodore Chuang]( [granted]( a nationwide preliminary injunction against the portion of the executive order that would have prevented Iran, Libya, Somalia, Sudan, Syria, and Yemen nationals from receiving visas. House Intelligence Committee chair reports Trump may have been incidentally surveilled - House Intelligence Committee Chair [Devin Nunes]( (R-Calif.) [told]( reporters that the communications of President [Donald Trump]( and his associates might have been collected after [the election]( during legal surveillance of other targets. He said, "This is a normal, incidental collection, based on what I could collect." VERBATIM FACT CHECK [Did 14.5 million gain health insurance through Medicaid expansion?]( On NPR, Rep. Buddy Carter (R-Ga.) claimed that “[of] the 20 million who have gained insurance as a result of Obamacare, 14 and a half million of those have come through Medicaid expansion." [Rep. Carter is incorrect, and his mistake is a common one](. HHS has estimated that 20 million adults, on net, gained health care coverage under the ACA as of early 2016. That figure does not represent the number of distinct individuals who gained coverage through government exchanges and Medicaid expansion. Instead, it reflects the net changes in coverage between 2010 and 2016, accounting for both drop-outs and re-enrollees. As for Medicaid enrollment, HHS estimates that 11.2 million adults (not 14.5 million as Carter claimed) were enrolled in Medicaid under the expansion criteria as of 2016. Thursday, March 23 Gorsuch confirmation hearings conclude - The final day of hearings on Judge [Neil Gorsuch’s]( nomination to the [U.S. Supreme Court]( took place before the [Senate Judiciary Committee](. Testimony from outside witnesses was presented. With the hearings completed, Gorsuch's nomination now proceeds to a committee vote on whether to report the nomination to the full Senate for final confirmation. - Read more about [the final day]( of the confirmation hearings State Department issues permit for Keystone XL pipeline - The [U.S. State Department]( issued [its presidential permit]( approving the [Keystone XL pipeline](, two days before the end of the 60-day timeline established by President [Donald Trump]('s executive order in January. Spanning approximately 875 miles, the pipeline would transport[crude oil]( extracted from[tar sands]( in Alberta, Canada, and shale oil from[North Dakota]( and[Montana]( to[Nebraska](. It would then connect to existing pipelines and transport oil to refineries along the Gulf Coast. TransCanada, a Canadian-based company, oversees the project. In November 2015, President[Barack Obama]( rejected TransCanada's application for a presidential permit to build the pipeline across the U.S.-Canadian border. For a portion of the pipeline, TransCanada must receive approval from the Nebraska Public Service Commission to begin construction. Specifically, the company must demonstrate to the commission that the pipeline is in the public interest. According to the [Omaha World-Herald](, public hearings and a formal hearing are expected in the spring and summer, and the commission is expected to rule on the issue in September. Local proponents and opponents of the pipeline must show substantial legal interest to be considered formal intervenors for or against the pipeline by the commission. - Proponents of the pipeline argue that it will create thousands of construction jobs and would deliver approximately 830,000 barrels of oil per day to be refined into [gasoline]( in the United States. - Opponents of the pipeline argue that it would not lead to reduced [gasoline prices]( for U.S. consumers and could lead to higher [carbon dioxide]( emissions, which could contribute to [global warming](. Senate holds confirmation hearing on Sonny Perdue for Agriculture Secretary - The confirmation hearing for President [Donald Trump]('s nominee to head the [U.S. Department of Agriculture](, former Georgia Gov. [Sonny Perdue]( (R), was held before the [U.S. Senate Committee on Agriculture, Nutrition, and Forestry](. Perdue was [questioned]( about the [Trump administration’s proposed budget]( for the department, food assistance programs operated by the department, and crop subsidies. Friday, March 24 Weekly Women & Trump 150 Index results [Women & Trump 150 Index]( - Below is analysis provided to Ballotpedia by the Sorock Research Group on this week's results in the [Ballotpedia and SRG: Women & Trump 150 Index]( - The week ending March 24, 2017, saw the second-greatest drop in satisfaction with Congress among high-intensity female Trump supporters since the president took office, a drop of 12 percentage points to 2.80 on a 7-point scale. In contrast, satisfaction with President Trump remained steady at 6.79, a slight improvement from the previous week. - The feeling of “Safety” diminished from 6.73 to 6.58, a 0.75% drop from last week, likely due to the recent terror attack in London. Their sense of "Relatability" to President Trump, which had dropped last week, has rebounded to 6.73 after his Kentucky rally and a showing of consistency of character when it came to defending his claims of being "wiretapped" as a civilian before taking office. - Panelists described President Trump "taking his message to the people,” “vindication on the wiretap,” and “not backing down on his claim about being surveilled.” - For more detailed information on this week’s results, please see: [SRG's take on this week's numbers]( House Republican leaders withdraw American Health Care Act - Shortly before a scheduled vote in the U.S. House on the [American Health Care Act](, Republican leadership withdrew the bill and canceled the vote. Earlier in the day, an [amendment]( was added to the bill intended to garner support from some of the more conservative GOP members. The amendment would have repealed the ACA's requirement that insurers provide federally determined essential health benefits. However, in the hours leading up to the scheduled vote, [36 Republican representatives remained in opposition]( to the healthcare bill. “I don't know what else to say other than Obamacare is the law of the land. It will remain the law of the land until it's replaced," House Speaker [Paul Ryan]( said in a [press conference]( following the bill’s withdrawal. The U.S. Senate will be in session Monday-Friday. The U.S. House will be in session Monday-Thursday. The U.S. Supreme Court continues its March sitting next week with arguments in eight cases. The court has one more two-week sitting scheduled in April which will conclude arguments for the court’s current term. What's On Tap Next Week Sunday, March 26 Members of Trump administration and Congress to speak at AIPAC Policy Conference - Vice President [Mike Pence](, UN Ambassador [Nikki Haley](, and more than 25 members of Congress [will speak]( at the annual American Israel Public Affairs Committee (AIPAC) Policy Conference. The event will run through Tuesday. AIPAC’s “Event Details” webpage refers to the conference as “the pro-Israel community's preeminent annual gathering.” Monday, March 27 Gorsuch committee vote scheduled for Monday - A [Senate Judiciary Committee]( vote on [Neil Gorsuch’s]( nomination is scheduled for Monday. [Section I, Rule 3]( of the committee's rules for the [115th United States Congress]( states, "at the request of any member, or by action of the Chairman, a bill, matter, or nomination on the agenda of the Committee may be held over until the next meeting of the Committee or for one week, whichever occurs later." It is expected that the ranking member of the committee, Sen. [Dianne Feinstein]( (D-Calif.), will exercise the Senate rule allowing for a one-week delay. The committee would then vote to report Gorsuch's nomination to the full [Senate]( on Monday, April 3, 2017. The Senate's last day of business before a scheduled two-week recess is April 7, and Senate majority leader [Mitch McConnell]( (R-Ky.) has said that the Senate will vote on Gorsuch's nomination before the recess.Senate [Democratic]( leader [Chuck Schumer]( (D-N.Y.) indicated that Democrats in the Senate will [filibuster]( the nomination. The [U.S. Supreme Court]( will hold its final, two-week argument sitting of [this term]( beginning on April 17, 2017. If Gorsuch is not confirmed by that date, it is expected that he would join the court for arguments starting in the court's next term which begins on Monday, October 2, 2017. SCOTUS to hear argument in four cases - The [U.S. Supreme Court]( will hear arguments in four cases, with three arguments consolidated into one 60-minute argument session. - The court will hear consolidated arguments in [Advocate Health Care v. Stapleton](, [St. Peter’s Healthcare v. Kaplan](, and [Dignity Health v. Rollins](. These cases address provisions under the Employee Retirement Income Security Act (ERISA). ERISA provides exemptions from certain requirements for retirement plans established and maintained by a church (church plans). Subsequent provisions in the law extend ERISA's exemptions to church plans maintained by church-affiliated organizations. In three separate cases, three-judge panels of the [Third Circuit Court of Appeals]( (Kaplan), the [Seventh Circuit Court of Appeals]( (Advocate), and the [Ninth Circuit Court of Appeals]( (Rollins) rejected arguments that ERISA's exemptions apply, however, to plans that were both established and maintained by church-affiliated organizations. - The court will also hear argument in [TC Heartland v. Kraft Foods](. In this case, the court will review two competing federal laws governing venue selection in patent infringement cases. TC Heartland alleges, under one law, that the suit filed against them by Kraft must be filed in a federal court in Indiana, the state where TC Heartland is incorporated. Kraft argues that, under a different law, because TC Heartland has business activities that infringed on Kraft’s patents in Delaware, where Kraft filed the lawsuit, the court in Delaware has jurisdiction. Tuesday, March 28 SCOTUS to hear arguments in deportation case - The [U.S. Supreme Court]( will hear arguments in [Lee v. United States]( on Tuesday. Pursuant to pleading guilty to possession of ecstasy with intent to distribute, in violation of [21 U.S.C. §841(a)(1)](, Jae Lee was subject to deportation. Lee moved to vacate his sentence. Lee claimed that he only pleaded guilty because his attorney told him he would not be subject to deportation, which was in error. Lee based his appeal on the [Sixth Amendment's]( requirement that defendants be afforded the effective assistance of counsel. On appeal before the [Sixth Circuit Court of Appeals](, however, the court found that Lee failed to demonstrate the requisite prejudice in order to sustain such a claim, consistent with that circuit's precedent in Pilla v. United States. The circuit panel, however, noted inconsistency among the federal circuit courts on how claims similar to Lee's are adjudicated. Wednesday, March 29 SCOTUS concludes its March argument sitting - The [U.S. Supreme Court]( will hear arguments in three cases on Wednesday, with arguments in two cases consolidated into one 60-minute argument session. - The court will hear consolidated arguments in [Overton v. United States]( and [Turner v. United States](. The defendants in this case were convicted of several charges related to the murder of a woman in [Washington, D.C.]( Years later, evidence surfaced that the defendants allege was required to be presented during discovery, but which prosecutors withheld. The men sought to [vacate]( their convictions but a lower court judge denied the defendants' motions and an appellate panel of the [District of Columbia Court of Appeals]( affirmed. The defendants petitioned the [U.S. Supreme Court]( for relief, arguing that the prosecutors' failure to disclose certain evidence was in violation of the Supreme Court's ruling in Brady v. Maryland. - The court will also hear arguments in [Honeycutt v. United States](. At sentencing for his convictions for his role in a drug conspiracy under [21 U.S.C. §853](, a federal district court declined to order forfeiture of proceeds from the defendant, arguing that the defendant never personally benefited from the proceeds of the conspiracy. The government appealed, and a three-judge panel of the [United States Court of Appeals for the Sixth Circuit]( reversed, holding the district court erred in declining to order forfeiture. The circuit court held that federal law can require forfeiture of proceeds obtained in a drug conspiracy from any of the co-conspirators even if not all of the conspirators directly or indirectly obtained any proceeds from the conspiracy. In legal terms, the panel held that joint and several liability applied to forfeiture of proceeds obtained in violation of [21 U.S.C. §853](. House committee to hold hearing on climate change science - The [U.S. House Committee on Science, Space, and Technology]( will hold a [hearing]( entitled "Climate Science: Assumptions, Policy Implications, and the Scientific Method." The committee is chaired by [Rep. Lamar Smith]( (R-Texas). The hearing will focus on the science underlying the [theory of human-caused climate change]( and [opposing scientific views on the issue](. The hearing’s witnesses include Judith Curry, former professor of earth and atmospheric sciences at the Georgia Institute of Technology; John Christy, professor of atmospheric science at the University of Alabama; Roger Pielke, Jr., professor at the Environmental Studies Department at the University of Colorado; and Michael Mann, professor of meteorology and atmospheric science at Pennsylvania State University. Where was the president last week? President [Donald Trump]( spent time in Washington, D.C. this week working with Republican members of Congress on the ACHA. On Monday, he met with HHS Secretary [Tom Price]( and Speaker of the House [Paul Ryan.]( On Tuesday, he met with the Republican House caucus at the Capitol. On Thursday, he met with members of the House Freedom Caucus. After the meeting, the caucus’ chair, Rep. [Mark Meadows](, announced that the caucus and the president had not come to an agreement on changes to the ACHA. On Friday, news outlets followed Ryan’s impromptu meeting at the White House with Trump over the AHCA vote. Federal Judiciary - 134 total federal judicial vacancies - 2 pending nominations - 13 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. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns. 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