National Republicans split on successor to Tom Price

Exclusive for Ballotpedia readers: Our interview with Newt Gingrich about endorsing Judson Hill for his former Congressional seat [View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: March 25 - March 31 What's on tap next week: April 1 - April 7 What's on tap? On Friday, former Speaker of the House and Georgia's 6th District Rep. from 1979 to 1999 [Newt Gingrich]( spoke with Ballotpedia's Federal Desk Editor Sarah Rosier about the [6th District special election in Georgia]( and his endorsement of candidate [Judson Hill](. [Launch Ballotpedia's interview with Newt Gingrich]( This race is one Ballotpedia is watching closely. Although it is normally a safe Republican district, polling and spending in the district indicates a competitive race. The election will replace [Tom Price]( (R), who was confirmed as U.S. secretary of health and human services. Prior to his cabinet appointment, Price represented the 6th District from 2004 to 2017. Two interesting angles have emerged in recent weeks: 1) which Republican candidate might emerge from the crop of 11 to advance to the runoff; 2) Will there even be a runoff, if Democratic candidate Jon Ossoff is able to coalesce enough support to break 50 percent in the primary? Among the Republican frontrunners is former Georgia Secretary of State [Karen Handel]( who also spoke with Rosier on Friday. For the full audio of her thoughts on the state of the campaign, [click here](. In the coming weeks, Ballotpedia will continue compiling the endorsements, money, and attention flooding this race. We will also be interviewing other campaigns and reaching out for comments from the candidates. The Week In Review Saturday, March 25 [31 Pivot Counties in Iowa]( - Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012, in 34 states. Collectively, Trump won these Pivot Counties by more than 580,000 votes, and had an average margin of victory of 11.45 percent. Of these 206 counties, Iowa had 31, the most of any state. These 31 counties contained 26.11 percent of the state’s population. To read more about the Pivot Counties in Iowa, [click here](. Monday, March 27 Kushner to direct newly-created Office of American Innovation - President [Donald Trump](20Trump) [announced]( the creation of the White House Office of American Innovation (OAI) to “make recommendations to the President on policies and plans that improve Government operations and services, improve the quality of life for Americans now and in the future, and spur job creation” using private sector solutions. White House senior adviser [Jared Kushner]( will head the OAI. Sessions warns that sanctuary jurisdictions will lose federal funding if they violate federal immigration law - Attorney General [Jeff Sessions]( announced that [sanctuary jurisdictions]( would lose federal funding if they did not comply with 8 U.S.C. § 1373, which governs communications between government agencies and immigration services. He noted that any jurisdiction applying for a [Department of Justice]( grant would have to certify compliance with this law. "The Department of Justice will also take all lawful steps to claw-back any funds awarded to a jurisdiction that willfully violates Section 1373," Sessions added. - See also: [Federal policy on immigration, 2017-2020]( Rep. Tim Walz announces run for governor - U.S. Rep [Tim Walz]( (MN-01) announced that he would be running for [governor in 2018]( rather than [seeking re-election to his U.S. House seat](. [Minnesota’s 1st Congressional District]( is expected to be a [battleground in 2018](. Walz narrowly won re-election in [2016]( defeating challenger [Jim Hagedorn]( (R) by a margin of less than one percent. Hagedorn has already announced that he will be running for the seat again in 2018. Walz is the second member of Congress to announce a [gubernatorial bid in 2018](. Because Republicans currently hold majorities in both chambers of the [state legislature]( a 2018 gubernatorial victory would give them a [trifecta]( in the state. In January 2017, Governing rated the Minnesota gubernatorial race as potentially vulnerable for the Democratic Party. Other Democrats who have already announced intentions to run in this race include the mayor of St. Paul (the state’s second-largest city), a state representative, and the state auditor. House Intelligence Committee leadership split over Russia investigation - Last Wednesday, [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. A spokesperson for Nunes [said]( that Nunes received this information during a meeting with a source on White House grounds. - Following this report, [Adam Schiff]( (D-Calif.), the ranking member of the House Intelligence Committee, called on Nunes to recuse himself from the investigation into Russian interference in the 2016 presidential election. [He said]( in a statement, "After much consideration, and in light of the Chairman's admission that he met with his source of information at the White House, I believe that the Chairman should recuse himself from any further involvement in the Russia investigation, as well as any involvement in oversight of matters pertaining to any incidental collection of the Trump transition, as he was also a key member of the transition team." Schiff also noted that no committee members had seen relevant documents pertaining to Nunes' claim. - On Tuesday morning, Nunes said that he [would not resign](. "It's the same thing as always around this place—a lot of politics, people get heated, but I'm not going to involve myself with that," he said. - See also: [Federal policy on Russia, 2017-2020]( Judiciary Committee vote on Gorsuch moved to April 3 - A [Senate Judiciary Committee]( vote on [Neil Gorsuch’s]( nomination, originally scheduled for Monday, was held over until Monday, April 3. [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." According to the committee chair, Sen. Chuck Grassley (R-Iowa), members of the minority requested holding over the committee vote. 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 the beginning of that session, it is expected that he would first join the court for arguments at the start of the court's next term beginning Monday, October 2, 2017. SCOTUS hears argument in four cases - The [U.S. Supreme Court]( heard arguments in four cases, with three arguments consolidated into one 60-minute argument session. - The court heard consolidated arguments in [Advocate Health Care v. Stapleton]( [St. Peter’s Healthcare v. Kaplan]( and [Dignity Health v. Rollins](. These cases addressed 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 also heard arguments in [TC Heartland v. Kraft Foods](. In this case, the court reviewed two competing federal laws governing venue selection in patent infringement cases. TC Heartland alleged, 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 argued 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 hears argument in deportation case - The U.S. Supreme Court heard 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. SCOTUS rules in death penalty case - The U.S. Supreme Court vacated and remanded the judgment of the [Texas Court of Criminal Appeals]( on Tuesday in [Moore v. Texas]( a death penalty case. In an opinion by Justice [Ruth Bader Ginsburg]( a five-justice majority held that the Texas court failed to use the appropriate standards for determining intellectual disability when it ruled that Bobby James Moore had sufficient intellectual capacity to be executed. The Texas court relied on standards to determine capacity stemming from that court's 1992 opinion in Ex parte Briseno. The Supreme Court held that these standards, which did not incorporate the medical community's diagnostic framework and had departed from established medical practice, were in violation of the [Eighth Amendment]( as interpreted by the U.S. Supreme Court's precedents in Atkins v. Virginia and Hall v. Florida. As a result, Moore's death sentence was removed and his case was returned to the Texas courts where he will be resentenced in consideration of the Supreme Court's opinion. Chief Justice [John Roberts]( filed a dissenting opinion which was joined by Justices [Clarence Thomas]( and [Samuel Alito](. Trump signs executive order to repeal the Clean Power Plan - President Trump signed an [executive order]( directing the [Environmental Protection Agency]( (EPA) to consider formally repealing the [Clean Power Plan]( a federal rule finalized in 2015 by the Obama administration mandating reductions in [carbon dioxide]( and similar emissions from existing oil, coal, and [natural gas]( power plants. The rule is aimed at reducing emissions that may contribute to potentially human-caused [global warming](. Additionally, Trump's executive order lifted the [U.S. Department of the Interior's]( 2016 moratorium on new [coal]( mine leases on [federal land](. Trump said that the executive order is aimed at ending the [war on coal]( a term used by opponents of the Obama administration's climate and energy regulations, which they argue will lead to the closure of coal-fired power plants and eliminate jobs in the coal industry. - Opponents of the Clean Power Plan argue that the rule would lead to higher energy prices and fewer jobs and would have no meaningful effect on rising global temperatures associated with global warming. - Proponents of the plan argue that the rule is necessary to reduce coal, oil, and natural gas use, which they argue contributes to potentially human-caused global warming, and would require the U.S. energy system to use [wind]( and [solar energy](. - In 2016, a [Verbatim Fact Check]( looked into Kentucky Rep. [Jim Gooch's]( claim that the EPA had admitted the Clean Power Plan would have no measurable effect on global carbon dioxide emissions. We found this claim to be false. Former EPA Administrator [Gina McCarthy]( did acknowledge that the Clean Power Plan and other EPA policies alone would not impact key climate change indicators, such as ocean temperatures, amount of snow pack, and wildfire frequency. But this is not the same as showing no difference in global carbon dioxide emission rates. The EPA's Regulatory Impact Analysis estimated a carbon dioxide emissions reduction of 415 million short tons annually by 2030. Senate votes to admit Montenegro to NATO - The Senate approved a treaty to allow Montenegro to become a [North Atlantic Treaty Organization]( (NATO) member by a vote of 97-2. Sens. [Rand Paul]( (R-Ky.) and [Mike Lee]( (R-Utah) were the only senators to vote against the treaty. While Paul and Lee said that alliance with Montenegro would not advance national security interests and would be an added cost to taxpayers, senators who voted in favor said that the alliance would send a message to Russia that NATO members will not tolerate their attempts to increase their influence in Eastern Europe. After the vote, Senator [Jeanne Shaheen]( (D-N.H.) said, "With a nearly unanimous vote, the Senate has sent a clear message that it stands firmly with Montenegro and against the Kremlin's bullying." In order for Montenegro to become a NATO member, all NATO members would have to approve their membership. Spain is the only member who has yet to approve Montenegro's membership. - See also: [Federal policy on NATO, 2017-2020]( House votes to rescind FCC internet privacy rules - The House approved [legislation]( to rescind federal rules that establish what internet service providers (ISP) can do with customer data. The bill cleared the House 215-205. The rules, adopted by the [Federal Communications Commission]( in December 2016 and slated to take effect this year, require ISPs to obtain consent from customers before using or sharing certain data (e.g., browsing history, app usage, etc.). Senator [Jeff Flake]( (R-Ariz.), who introduced the bill in the Senate, said, "Passing my resolution is the first step toward restoring a consumer-friendly approach to internet privacy regulation that empowers consumers to make informed choices on if and how their data can be shared." Jon Leibowitz, co-chair of 21st Century Privacy Coalition, an ISP industry group, criticized the 2016 FCC rules, saying, "The FCC didn't embrace a technology-neutral framework for privacy. It instead set out an overbroad definition of sensitive data that doesn't apply to non-ISPs collecting as much or more personal data online." Meanwhile, House Minority Leader [Nancy Pelosi]( (D-Calif.) voted against the bill: "Overwhelmingly, the American people do not agree with Republicans that this information should be sold, and it certainly should not be sold without your permission. Our broadband providers know deeply personal information about us and our families." Neema Singh Giuliani, legislative counsel for the [ACLU]( called on President Trump to veto the legislation: "It is extremely disappointing that Congress is sacrificing the privacy rights of Americans in the interest of protecting the profits of major internet companies including Comcast, AT&T, and Verizon." - See also: [Technology, privacy, and cybersecurity policy under the Trump administration]( Wednesday, March 29 SCOTUS concludes its March sitting - The [U.S. Supreme Court]( concluded its March sitting with arguments in three cases on Wednesday. Arguments in two cases were consolidated into one 60-minute argument session. The court has one final two-week argument sitting beginning on Monday, April 17. - The court heard 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 alleged 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 also heard 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.]( SCOTUS rules in case on commercial speech - The [U.S. Supreme Court]( vacated and remanded the judgment of the [Second Circuit Court of Appeals]( on Wednesday in [Expressions Hair Design v. Schneiderman](. Each time a customer uses a credit card for payment, a merchant must pay a fee to the credit card issuer. Merchants often use different prices to offset paying the fees, either by offering a discount for cash purchases or by imposing a surcharge for credit card purchases. [New York]( through Section 518 of its general business law, prohibits imposing surcharges on credit card purchases. In an opinion by [Chief Justice Roberts]( the court said that Section 518 should be reviewed as a regulation of speech because the law regulated how merchants could communicate their prices. The court sent the case back to the Second Circuit to consider whether Section 518 can survive a legal test known as strict scrutiny, which applies to speech regulations. For any government regulation to pass strict scrutiny, the government must prove that the regulation (1) advances a compelling government interest and (2) regulates no more than is necessary to advance that interest. Justice [Stephen Breyer]( wrote an opinion concurring in the judgment only, meaning that he agreed with the outcome of the case but for additional or different reasons. Justice [Sonia Sotomayor]( authored an opinion concurring in the judgment only, which was joined by Justice [Samuel Alito](. Senate Intelligence Committee leadership discusses Russia investigation - [Senate Intelligence Committee]( Chair [Richard Burr]( (R-N.C.) and Ranking Member [Mark Warner]( (D-Va.) held a joint [news conference]( to discuss the future of the committee's investigation into Russian interference in the [2016 presidential election](. They announced that there were at least 20 witnesses they expected to interview. While Burr and Warner acknowledged that White House senior adviser [Jared Kushner]( and former Trump campaign chair [Paul Manafort]( had volunteered to testify, they said that they had not yet scheduled those interviews. Warner [emphasized]( that the committee's efforts would not be compromised by partisanship. "I have confidence in Richard Burr that we together with the members of our committee are going to get to the bottom of this, and that's—if you get nothing else from today, take that statement to the bank," he said. Ivanka Trump officially joins White House staff - [Ivanka Trump]( has [joined]( White House staff as an unpaid assistant to the president. Last week, it was reported that she had secured an office in the West Wing and would advise her father in an unofficial capacity. “I have heard the concerns some have with my advising the president in my personal capacity while voluntarily complying with all ethics rules, and I will instead serve as an unpaid employee in the White House Office, subject to all of the same rules as other federal employees,” Ivanka Trump said in a statement. Trump establishes committee on opioid abuse - President [Donald Trump]( issued an [executive order]( to establish a committee on drug abuse and opioid abuse. He held a listening session at the White House to discuss the issue with Education Secretary [Betsy DeVos]( Veterans Affairs Secretary [David Shulkin]( Attorney General [Jeff Sessions]( and Homeland Security Secretary [John Kelly](. New Jersey Gov. [Chris Christie]( who also attended the sessions, is [expected]( to lead the task force on opioid abuse. House passes a bill requiring public availability of science used in EPA decisions - By a vote of [228 to 194]( the [U.S. House of Representatives]( passed [HR 1430]( requiring the [Environmental Protection Agency]( (EPA) to make publicly available all scientific and technical information used for an agency action, including regulations and regulatory impact analyses. The bill would prohibit the EPA from proposing, finalizing, or releasing covered agency actions until the information and data used as a basis for the action be available for outside analysis. - Proponents of the bill argue that the bill would promote transparency and lead to more sound scientific conclusions by allowing the science behind EPA regulations to undergo scientific review by independent experts. - Opponents of the bill argue that the bill would undermine the EPA's ability to issue needed regulations based on publicly unavailable science and allow outside groups to block policies based on credible and unreleased science. Hawaii federal judge extends block against revised executive order - U.S. District Court Judge [Derrick Watson]( extended his block of the implementation of the [executive order]( issued by President [Donald Trump]( on March 6, 2017. Watson granted Hawaii’s request to convert the temporary restraining order into a [preliminary injunction]( writing that the plaintiffs “met their burden of establishing a strong likelihood of success” on their claims. The injunction will maintain indefinitely a block against federal implementation of Section 2 and Section 6 of the executive order while the case works its way through the courts. Section 2 of the order suspended for 90 days entry into the United States of individuals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, while Section 6 suspended refugee admissions to the United States for 120 days. Hawaii argued that the order amounted to religious discrimination and would harm the state if implemented, while the federal government argued that the president acted within his authority over immigration policy in issuing the executive order. - Read more about the executive order and related actions and reactions [here](. Thursday, March 30 Pence casts tie-breaking vote on measure related to federal funding for abortion providers - The [Senate]( [voted to advance]( a measure allowing states to withhold federal funding for family planning from Planned Parenthood and other healthcare providers that perform abortions. Under an Obama-era regulation, states could not exclude a healthcare provider from receiving Title X funding for family planning and related services, like cervical cancer screenings, because it also provided abortion services. Vice President [Mike Pence]( cast the tie-breaking vote to revoke the rule. The measure will now proceed to the White House for President Donald Trump’s signature. - See also: [Federal policy on abortion, 2017-2020]( and [Tie-breaking votes cast by vice presidents in the Senate]( House passes a bill revising membership requirements for EPA science board - By a vote of [229 to 193]( the [U.S. House of Representatives]( passed [HR 1431]( revising membership requirements for the [Environmental Protection Agency's]( (EPA) Science Advisory Board, which reviews the technical and scientific research that serves as the basis for the agency's rules and regulations. The bill would require 10 percent of the board be made up of representatives from state and local governments and that the board be balanced in terms of members' scientific and technical points of view. Additionally, the bill would allow individuals with potential interests in the board's activities to serve on the board as long as they have relevant and substantial expertise and their membership is publicly disclosed. The bill was referred to the [U.S. Senate Committee on the Environment and Public Works]( on March 30. - Proponents of the bill argue that it would allow for more representation among industries or state and local governments that may be affected by EPA activities. - Opponents of the bill argue that it would undermine objective scientific research by allowing more influence from [oil]( [coal]( and [natural gas]( industry representatives. Senate Agriculture Committee approves Sonny Perdue nomination - The [U.S. Senate Committee on Agriculture, Nutrition and Forestry]( advanced the [nomination]( of former Georgia Gov. [Sonny Perdue]( (R) as Secretary of Agriculture to the full Senate for a vote. The committee voted 19-1 to advance Perdue's nomination. Sen. [Kirsten Gillibrand]( (D-N.Y.) was the sole vote against Perdue's nomination. Sen. [David Perdue]( (R-Ga.), Sonny Perdue's cousin, abstained from voting. Trump administration seeks minor changes to NAFTA - A [draft proposal]( from the White House to Congress indicates that the Trump administration is seeking to make minor changes to the [North American Free Trade Agreement]( (NAFTA) and leave most of the trade agreement intact. The proposal would leave the arbitration system, a process allowing international investors to sue member nations in private tribunals, in place, and includes heightened enforcement of intellectual property rights and digital trade regulations. Proposed changes include a recommendation to allow a member nation to institute tariffs if the nation finds excessive imports threaten domestic industries. - Before and during his 2016 presidential campaign, Trump [was critical of NAFTA](. In a speech on September 27, 2015, Trump called the agreement “a disaster,” and said that the United States, “will either renegotiate it or we will break it because you know every agreement has an end.” After his election, Trump pledged to "announce my intention to renegotiate NAFTA or withdraw from the deal under Article 2205,” the article of NAFTA that allows parties to modify the agreement with consent of other members or withdraw after six months notice. Trump lumps House Freedom Caucus and Democrats together - Following the failure of House Republicans to pass a bill to repeal and replace the Affordable Care Act in March 2017, President Trump expressed frustration with the members of the [House Freedom Caucus]( on Twitter, lumping the group's members in with Democrats as potential targets for the 2018 election cycle. Caucus members Justin Amash (R-Mich.) and Thomas Massie (R-W.Va.) responded to Trump's comments on Twitter by stating that the healthcare legislation did not fulfill the president's campaign promise to drain the swamp. Trump deputy chief of staff resigns - Katie Walsh, deputy chief of staff for the Trump administration, [resigned her position]( to join America First Policies, a 501(c)(4) organization supportive of Trump’s political priorities, as a senior advisor. Walsh joined the administration after the inauguration and worked closely with chief of staff Reince Priebus. Like Priebus, Walsh previously worked with the Republican National Committee, first as the finance director and then as chief of staff. Labor secretary nominee Alexander Acosta clears committee - [Alexander Acosta]( President Donald Trump’s nominee for secretary of labor, was [approved]( by the [Health, Education, Labor, and Pensions Committee]( in a 12-11 vote along party lines. A final confirmation vote in the Senate has not been scheduled. Acosta was nominated on February 16 after Trump's first pick for the position, [Andrew Puzder]( withdrew from consideration. Two Democratic senators announce support for Neil Gorsuch - Democratic senators [Heidi Heitkamp]( (N.D.) and [Joe Manchin]( (W.V.) indicated their intention to vote to confirm [Neil Gorsuch]( to the [U.S. Supreme Court.]( This brings the number of senators intending to vote for Gorusch to 54. Heitkamp and Manchin, who are both up for re-election in 2018 in states that Donald Trump won in the 2016 presidential election, are the first Democratic senators to state their intention to vote to confirm Gorsuch. Democratic leader [Chuck Schumer]( (N.Y.) announced his party’s intention to [filibuster]( the nomination should the [Senate Judiciary Committee]( vote to report the nomination to the full Senate. A committee vote to report the nomination is scheduled for Monday, April 3. Under current Senate rules, another six Democratic senators would need to vote in favor of ending debate on the nomination to get past an expected filibuster; once debate ends, only a simply majority of senators would be needed to confirm the nominee. - To find out where your senator stands on confirming Gorsuch, read [our whip count.]( Friday, March 31 Murphy to take senior status - [Harold Murphy]( a judge on the [United States District Court for the Northern District of Georgia]( elected to take [senior status]( on Friday. Judge Murphy’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 11 active judicial posts. Judge Murphy’s decision will create a second vacancy on the court. Murphy’s decision also created the 135th current [vacancy]( on federal courts to which judges must be nominated by the president and confirmed by the Senate. [Women & Trump 150 Index]( Below is the analysis provided to Ballotpedia by SRG on this week's results. The WT150 indices for the week ending March 31, 2017, reflect a second week of fallout from the failure of President Trump and the House Republicans to garner enough support for a vote on the AHCA bill. Most notably, there were drops in feelings of hope and empowerment among high-intensity female Trump supporters, down to 6.74 (-1.3%) and 6.42 (-2.3%), respectively. Overall satisfaction for President Trump also suffered a slight decline from 6.79 to 6.72, a .07% drop from last week. Congress' approval numbers saw an even sharper drop from the previous week to an all-time low, down .48 to 2.32, or -17.1%. Respondents in the panel expressed the most displeasure with Trump's performance in connection with the healthcare reform process, stating their disappointment in him for "being too patient with Paul Ryan," "keeping Ryan in office," and generally for not fulfilling his promise to repeal and replace Obamacare. [Get the latest analysis]( What's On Tap Next Week? Congress is in session SCOTUS is not in session 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 is in recess and will next hear arguments during its final two-week argument session of the current term beginning Monday, April 17. It is expected the court will continue to issue orders and opinions during the session break. Monday, April 3 Senate Judiciary Committee to vote on Gorsuch’s nomination - After some members exercised a committee rule to delay by one week a vote on whether to report the nomination of [Neil Gorsuch]( the [Senate Judiciary Committee]( will meet to debate and vote on the nomination. Gorsuch was nominated by President Donald Trump to be an associate justice on the [U.S. Supreme Court](. If a majority of the committee votes to report the nomination, the nomination will proceed to the full [U.S. Senate]( for a possible vote on confirmation. There are 11 Republicans and nine Democrats on the committee. The Senate's last day of business before a scheduled two-week recess is Friday, 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. Tuesday, April 4 First congressional special election primary to occur - The first congressional [special election]( primary of the season will take place in [California’s 34th District](. California’s 34th District is almost entirely contained in the city of Los Angeles. The election will replace [Xavier Becerra]( (D), who was appointed as California's attorney general on January 24, 2017. Twenty-three candidates will compete in the [top-two primary]( 19 Democrats, one Republican, and three others. If no candidate receives over 50 percent of the vote, a runoff will occur on June 6, 2017. [California’s 34th District]( is one of the most Democratic districts in the country, with just nine percent of registered voters being Republicans. The last two general election races have been contests between two Democrats. This is the first time the seat has been open since Becerra originally won election in 1992. - Several candidates in the race have received high-profile endorsements. Assemblyman [Jimmy Gomez]( has much of the establishment support, receiving endorsements from the California Democratic Party and former Rep. Xavier Becerra. Former [Bernie Sanders]( aide [Arturo Carmona]( has been endorsed by the National Nurses Union, which also endorsed Sanders in the 2016 presidential race. Urban planner [Maria Cabildo]( received the endorsement of The Los Angeles Times. Where was the president last week? President [Donald Trump]( remained largely in Washington, D.C. last week. On Thursday, he met with Prime Minister Lars Lokke Rasmussen from Denmark at the White House. Federal Judiciary - 135 total federal judicial vacancies - 2 pending nominations - 12 future vacancies Ballotpedia depends on the support of our readers. 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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