From nomination to confirmation: The 101st associate justice of the U.S. Supreme Court

Gorsuch's appointment as an associate justice to the Supreme Court will become effective when he takes his judicial commission and oath as a justice o [View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: April 1 - April 7 What's on tap next week: April 8 - April 14 What's on tap? On Friday, April 7, 2017, [Neil Gorsuch]( was confirmed as the 101st [associate justice]( of the [United States Supreme Court]( on a [recorded 54-45 vote]( of the [U.S. Senate](. Gorsuch's appointment as an associate justice to the Supreme Court will become effective when he takes his judicial commission and oath as a justice of the court. Gorsuch is expected to join the Supreme Court for its final, two-week argument sitting of this term which begins on Monday, April 17, 2017. Check out Ballotpedia’s coverage from nomination to confirmation with our [vacancy overview](. The Week in Review Saturday, April 1 Flynn’s request for immunity rejected by Senate Intelligence Committee - NBC News [reported]( that the [Senate Intelligence Committee]( had rejected [Michael Flynn]( request for congressional immunity in exchange for testimony related to its investigation of Russian active measures during the 2016 presidential election. Flynn was the first national security advisor under the [Trump administration](. He resigned on February 13, 2017, amid reports that he did not provide Vice President [Mike Pence]( with accurate information about a conversation he had with a Russian ambassador concerning sanctions against the country. --------------------------------------------------------------- Sunday, April 2 Senate Intelligence Committee member says possible unmasking of Trump associates will be investigated - Sen. [John Cornyn](20Cornyn) (R-Texas), a member of the [Senate Intelligence Committee]( [indicated]( that the committee would review whether the names of President [Donald Trump]( associates had been unmasked in intelligence reports under the Obama administration, as part of its investigation into Russian interference in the 2016 presidential election. Cornyn [said]( “I do think they are connected. And I don’t—and they both will be the subject of our inquiry on the Senate Intelligence Committee. Obviously, any time anybody jeopardizes the privacy rights of an American citizen as part of an intelligence-gathering process that would be unauthorized and then leaks that information, that is potentially a crime and that’s something we ought to pursue.” - See also: [Senate Intelligence Committee investigation on Russian activity in 2016 presidential election]( Verbatim Fact Check In opposition to an executive order directing the EPA to reconsider the Clean Power Plan, a coalition of attorneys general claimed: "Addressing our country’s largest source of carbon pollution … is both required under the Clean Air Act and essential to mitigating climate change’s growing harm." The EPA has projected that the CPP would reduce CO2 emissions by hundreds of tons per year, but former EPA administrator Gina McCarthy told Congress that the reductions [would not make a measurable difference in climate change](. Rather, she said, it was intended to promote global cooperation to reduce carbon dioxide emissions. [Would the Clean Power Plan mitigate climate change?]( Monday, April 3 Senate Judiciary Committee reports Gorsuch nomination - Voting 11-9 along party lines, the [Senate Judiciary Committee]( sent [Neil Gorsuch's]( nomination to the full [U.S. Senate](. That same day, Senate Democrats announced that they had a sufficient number of votes to sustain a [filibuster]( against Gorsuch's nomination to the [U.S. Supreme Court](. In anticipation of an expected filibuster, Senate majority leader [Mitch McConnell]( (R-Ky.) indicated that he was prepared to restrict the use of filibusters on Supreme Court nominations, referred to as the nuclear option. SCOTUS issues rulings in two cases - The [U.S. Supreme Court]( issued rulings in two cases on Monday. - In [McLane Co. v. EEOC]( the court vacated and remanded the judgment of the [Ninth Circuit](. In an opinion by Justice [Sonia Sotomayor]( for a seven-justice majority, the court held that the appropriate standard for a [federal appeals court]( to review a [federal district court's]( decision to enforce or quash an EEOC administrative subpoena is to review the decision to see if a district court abused its judicial discretion rather than to review the subpoena request as if the district court issued no judgment on the subpoena at all. Justice [Ruth Bader Ginsburg]( wrote an opinion concurring in part and dissenting in part, meaning that she agreed with one portion of the court's opinion but also disagreed with the court in another portion of the opinion. - The court also issued a ruling in [Dean v. United States](. A federal law, [18 U.S.C. §924]( makes it a separate offense to use or possess a firearm in connection with either a drug trafficking offense or other violent offense under law. A §924 offense carries a mandatory minimum sentence of five years for the first conviction and 25 years for a second. These sentences must be given in addition to, and consecutive to, any sentence imposed for any crimes committed in addition to the §924 crimes; these convictions for non-§924 crimes are called predicate convictions. In a unanimous opinion by [Chief Justice John Roberts]( the Supreme Court held that a sentencing judge may consider the impact of the mandatory minimum sentences required under federal law for violations of 18 U.S.C. §924 when issuing sentences for predicate convictions. This holding reversed an [Eighth Circuit]( precedent, United States v. Hatcher, that required a sentencing judge to issue sentences for predicate convictions without any consideration of, or sentences imposed for, violations of §924. Gardner elects to take senior status - [James Gardner]( a district judge on the [U.S. District Court for the Eastern District of Pennsylvania]( elected to take [senior status]( on Monday. Judge Gardner's decision creates a third vacancy on the district court. The court has 22 active judicial positions. Judge Gardner's successor must be nominated by the president and confirmed on the [advice and consent]( of the [U.S. Senate](. Currently, there are 136 federal judicial vacancies out of 985 federal judicial positions requiring both a presidential nomination and confirmation by the Senate, a vacancy rate of 13.8%. - Keep track of federal judicial vacancies where you live with our [vacancy warning tracker](. --------------------------------------------------------------- Tuesday, April 4 Special election primary held in California’s 34th Congressional District - The first [congressional special primary election]( of the season took place in [California’s 34th Congressional District](. Twenty-three candidates competed in the primary, and Democrats [Jimmy Gomez]( and [Robert Lee Ahn]( advanced to the June 6 runoff election with 28 and 19 percent of the vote, respectively. Turnout was low in the race, with initial estimates of roughly 5 percent turnout among voting-age population, although many ballots had not yet been counted. The past two elections in the district have featured a general election contest between two Democrats as well. The special election will replace[Xavier Becerra]( (D), who was appointed as California's attorney general earlier in the year. This is the first time the seat has been open since [Becerra]( first won election in 1992. Senate debate begins on Gorsuch nomination - On a 55-44 vote, the [U.S. Senate]( passed a procedural motion to begin debate on the Senate floor regarding the nomination of [Neil Gorsuch]( to be an associate justice of the [U.S. Supreme Court](. Four Democratic senators--[Michael Bennet]( (D-Colo.), [Joe Donnelly]( (D-Ind.), [Heidi Heitkamp]( (D-N.D.), and [Joe Manchin]( (D-W.V.)--voted with 51 of 52 Republican senators to pass the motion. Senator [Johnny Isakson]( (R-Ga.) did not vote. In a related move, Senate majority leader [Mitch McConnell]( (R-Ky.) filed a motion to invoke [cloture]( which would limit debate on the nomination. Under Senate rules, no action on Sen. McConnell's motion was taken until Thursday, April 6. In the interim, senators debated the nomination on the floor. Seventh Circuit holds sexual orientation discrimination violates the Civil Rights Act - The [United States Court of Appeals for the Seventh Circuit]( in an [en banc]( [opinion]( in [Hively v. Ivy Tech Community College of Indiana]( ruled that Title VII of the [Civil Rights Act]( explicitly forbade employers from discriminating in the workplace on the basis of sexual orientation. The case was heard by the full court after a [July 2016 decision]( in which a three-judge panel of the court ruled that they were bound by circuit precedent to hold Title VII did not apply to sexual orientation; a majority of judges in active service on the court voted to rehear the case en banc.  The court heard arguments in [November of 2016](. The April 2017 decision in Hively was the first time that a [federal appeals court]( ruled that discrimination on the basis of sexual orientation in the workplace was a violation of the Act’s requirements. In an [opinion]( by the court’s [chief judge]( [Diane Wood]( the court stated, “For many years, the courts of appeals of this country understood the prohibition against sex discrimination to exclude discrimination on the basis of a person’s sexual orientation. The Supreme Court, however, has never spoken to that question. In this case, we have been asked to take a fresh look at our position in light of developments at the Supreme Court extending over two decades. We have done so, and we conclude today that discrimination on the basis of sexual orientation is a form of sex discrimination.” The judgment is binding only in states within the jurisdiction of the Seventh Circuit: [Indiana]( [Illinois]( and [Wisconsin](. It is not yet known if Ivy Tech will appeal to the [U.S. Supreme Court](. Trump administration responds to chemical attack in Syria - After hundreds of Syrian civilians were injured or killed in a [chemical attack]( in the rebel-held area of Khan Shaykhun, President [Donald Trump]( said in a statement, "These heinous actions by the Bashar al-Assad regime are a consequence of the past administration’s weakness and irresolution. President [Obama](20Obama) said in 2012 that he would establish a 'red line' against the use of chemical weapons and then did nothing. The United States stands with our allies across the globe to condemn this intolerable attack.” - During a joint press conference with Jordanian King Abdullah II on Wednesday, Trump again [condemned]( the attacks. "These heinous actions by the Assad regime cannot be tolerated," he said. When asked about his mention of the Obama administration in his first statement, Trump said, "I now have responsibility, and I will have that responsibility and carry it very proudly." Trump [declined to say]( how the U.S. would respond. "I'm not saying I'm doing anything one way or another, but I'm certainly not going to be telling you," he told reporters. - [Nikki Haley]( the U.S. ambassador to the United Nations (UN), criticized [Russia]( for supporting the Assad regime. She then suggested the U.S. could act in Syria independent of the UN. "When the United Nations consistently fails in its duty to act collectively, there are times in the life of states that we are compelled to take our own action. For the sake of the victims, I hope the rest of the council is finally willing to do the same," she [said](. - See also: [Federal policy on Syria, 2017-2020]( White House rejects tax on carbon dioxide - The White House rejected the claim that it was considering a tax on [carbon dioxide]( as part of its tax policy agenda. On February 8, administration officials met with a group of Republicans who support a $40 per ton tax on carbon dioxide (CO2) emissions in an attempt to limit human-caused [global warming](. These Republicans included former Secretary of State James A. Baker and former Secretaries of the Treasury Henry Paulson and George P. Schultz. According to a White House spokeswoman, ["As of now, neither a carbon tax nor a VAT [value added tax] are under consideration."]( In November 2016, voters in the state of Washington rejected [a ballot measure]( that would have imposed a tax on the sale or use of [coal]( [oil]( and [natural gas](20gas), including their use for electricity generation. - Proponents of a tax on CO2 have argued that it is a revenue-neutral and more effective policy to limit CO2 in lieu of direct regulations on coal, oil, and natural gas-fired power plants. - Opponents of a tax on CO2 have argued that it would be a tax on electricity consumption, hurting low-income consumers and reducing jobs in the energy sector. - See also: [Federal policy on climate change, 2017-2020]( --------------------------------------------------------------- Wednesday, April 5 Senate debate continues on Gorsuch nomination - The [U.S. Senate]( continued its floor debate over [Neil Gorsuch’s]( nomination to the [U.S. Supreme Court](. U.S. Sen. [Jeff Merkley]( (D-Ore.) spoke on the floor for 15 hours and 28 minutes, starting at 6:45 p.m. on Tuesday, April 4. According to a [report]( in Roll Call, Merkley’s was the eighth-longest speech in the Senate since 1900. After Merkley’s speech ended and legislative business began on Wednesday, the Senate alternated 60 minute intervals between the majority and the minority to debate the nomination. Trump says former national security adviser could have committed crime by unmasking names - Bloomberg [reported]( on Monday that [Susan Rice]( the former national security adviser under the [Obama administration](20Obama), made dozens of requests to unmask the names of individuals connected to the [Trump campaign]( and [transition]( teams. - When foreign intelligence reports are produced, [identifying]( [information]( about U.S. persons who are not the subject of the investigation is removed to protect their privacy using a process known as minimization. National security officials may request an individual's name be unmasked if the information would be pertinent to their understanding of the intelligence. There are 20 senior officials who may approve these requests. - On Tuesday, Rice said that she had [requested]( the names of some U.S. individuals be unmasked during her tenure, but could not disclose whether those individuals were affiliated with Trump. "I received those reports, as did each of those other officials, and there were occasions when I would receive a report in which a U.S. person was referred to. Name not provided, just a U.S. person. And sometimes in that context, in order to understand the importance of the report, and assess its significance, it was necessary to find out, or request the information, as to who the U.S. official was," Rice said in an interview. She denied leaking any information or unmasking any names for political purposes. - Stephen Slick, a former CIA official and National Security Council member in the [George W. Bush administration]( [said]( that unmasking requests generally “were not routine, but also not uncommon.” - In an interview with The New York Times on Wednesday, Trump [alleged]( that Rice might have committed a crime. "I think the Susan Rice thing is a massive story. I think it’s a massive, massive story. All over the world," he said. - See also: [Donald Trump's wiretapping allegations](20Trump's%20wiretapping%20allegations) Trump advisor off National Security Council - [Steve Bannon]( the chief strategist in Donald Trump’s administration, was [removed]( from the National Security Council. Bannon was [originally appointed]( to the council’s principals committee on January 29, 2017. Because he is chiefly a political advisor to Trump, Bannon’s presence on the council [drew criticism]( from Democrats and Republicans concerned that a political appointee would, in their view, bring politics into a council that had previously only included members of the intelligence and diplomatic communities. The administration did not offer a reason for Bannon’s appointment or for his removal. This week’s change at the National Security Council also elevated National Security Advisor [H.R. McMaster]( who will now set the agenda for the council’s meetings. --------------------------------------------------------------- Thursday, April 6 House Intelligence Committee Chair Nunes temporarily steps down as head of Russia investigation - Rep. [Devin Nunes](20Nunes) (R-Calif.), the chair of the [House Intelligence Committee]( [announced]( that he would temporarily step aside from overseeing the committee's investigation into [Russian interference in the 2016 presidential election]( following charges filed against him with the Office of Congressional Ethics. "The charges are entirely false and politically motivated, and are being leveled just as the American people are beginning to learn the truth about the improper unmasking of the identities of U.S. citizens and other abuses of power. ... I will continue to fulfill all my other responsibilities as Committee Chairman, and I am requesting to speak to the Ethics Committee at the earliest possible opportunity in order to expedite the dismissal of these false claims," Nunes said in a statement. Reps. [Mike Conaway]( (R-Texas), [Trey Gowdy]( (R-S.C.), and [Tom Rooney]( (R-Fla.) were put in charge of the investigation. Senate invokes nuclear option; confirmation vote on Gorsuch nomination scheduled for Friday - The [U.S. Senate]( failed to invoke cloture on a Democratic filibuster of Judge [Neil Gorsuch's]( nomination to the U.S. Supreme Court. - In order to break the filibuster, 60 senators were required to agree to invoke cloture. 55 senators -- 51 [Republicans]( and four [Democrats]( -- voted to do so. The Democratic senators who voted with the Republicans were [Michael Bennet]( (D-Colo.), [Joe Donnelly]( (D-Ind.), [Heidi Heitkamp]( (D-N.D.), and [Joe Manchin]( (D-W.V.) [CBS News]( [reported]( that Bennet was under pressure to support Gorsuch's nomination because Gorsuch is from Colorado. Senate majority leader [Mitch McConnell]( (R-Ky.) was the only Republican to vote against invoking cloture as a procedural mechanism to begin the process of changing the rules for closing debate on the nomination by a simple majority of votes. A motion to reconsider passed. - Senator [Chuck Schumer]( (D-N.Y.) then made a series of parliamentary inquiries and moved to postpone a vote on the nomination until 3:00 p.m. on Monday, April 24, 2017. That motion failed. - Sen. McConnell then raised a point of order that the cloture vote should be upheld under the precedent established on November 21, 2013, and applied to all nominations. That precedent called for a simple majority vote to close debate on all nominations. That point of order was denied. McConnell appealed the ruling of the chair. - Prior to consideration of McConnell's appeal, Sen. Schumer made two parliamentary points of inquiry and then made a motion to adjourn the Senate until 5:00 p.m. on Thursday. That motion failed. - The chair then called for a vote on McConnell's appeal. The question was whether to retain the current 60-vote threshold for ending debate on Supreme Court nominations. A 52-48 majority along party lines voted against retaining the 60-vote threshold to end debate on Supreme Court nominations, opting instead for a simple majority being required to end debate. The change installing a rule lowering the threshold for ending debate from 60 senators to 51 senators is referred to as the [nuclear option](. - Under the new threshold, the Senate subsequently voted to end debate on Gorsuch's nomination. Because Gorsuch was filibustered under the previous rule, Senate rules allowed for an additional 30 hours of debate for any Supreme Court nomination once cloture was invoked. - A final confirmation vote on Gorsuch's nomination to the Supreme Court was to take place on Friday once the 30-hour period for debate was concluded. Trump authorizes cruise missile strike against Syrian airfield - President [Donald Trump]( authorized 59 Tomahawk cruise missiles be launched at an airfield in western [Syria]( where the chemical attack on civilians in Khan Shaykhun originated—targeting fighter jets, military equipment, and storage facilities there. “Tonight, I ordered a targeted military strike on the air base in Syria from where the chemical attack was launched. It is in this vital national security interest of the United States to prevent and deter the spread and use of deadly chemical weapons,” Trump [said]( during a press conference from his Mar-a-Lago estate in Florida. - Pentagon spokesman Jeff Davis [said]( “The strike was a proportional response to Assad's heinous act. … The strike was intended to deter the regime from using chemical weapons again.” - The Russian government [condemned]( the U.S. strike. A spokesman from the Kremlin said, “President Putin considers the American strikes against Syria an aggression against a sovereign government in violations of the norms of international law, and under a far-fetched pretext.” He continued, “This step by Washington is causing significant damage to Russian-American relations, which are already in a deplorable state.” - Read more about American involvement in the Syrian conflict in [Friday’s edition]( of [You’re Hired: Tracking the Trump Administration Transition]( --------------------------------------------------------------- Friday, April 7 Gorsuch confirmed to the U.S. Supreme Court - After Sen. [Dick Durbin]( (D-Ill.) yielded any remaining time for debating the nomination, [Neil Gorsuch]( was confirmed as the 101st [associate justice]( of the [United States Supreme Court]( on a [recorded 54-45 vote]( of the [U.S. Senate](.  Three [Democratic]( senators facing re-election in 2018 -- [Joe Donnelly]( (D-Ind.), [Heiti Heitkamp]( (D-N.D.), and [Joe Manchin]( (D-W.V.) -- voted with 51 [Republicans]( to confirm Gorsuch.  Senator [Johnny Isakson]( (R-Ga.), who is recovering from back surgery, did not vote on confirmation.  Senator [Michael Bennet]( (D-Colo.) voted against confirmation, becoming the first senator to vote against a home state SCOTUS nominee since 2005 when [New York]( senators [Hillary Clinton]( and [Chuck Schumer]( voted against confirming [Buffalo, New York]( native [John Roberts]( as [chief justice](.  Gorsuch's appointment as an associate justice to the Supreme Court will become effective when he takes his judicial commission and oath as a justice of the court. Gorsuch is expected to join the Supreme Court for its final, two-week argument sitting of this term which begins on Monday, April 17, 2017. Congress is not in session SCOTUS is not in session Congress is in recess until April 24, 2017. 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. What's On Tap Next Week Tuesday, April 11 Special election to be held in Kansas’ 4th Congressional District - The first special general election of the [115th Congress]( will be held in [Kansas’ 4th Congressional District](. The election will replace[Mike Pompeo]( (R), who was confirmed as director of the[CIA]( on January 23, 2017. [Ron Estes]( (R), [James Thompson]( (D), and [Chris Rockhold]( (L) will compete in the election. Ballotpedia rates this race as safely Republican. The seat has not been held by a Democrat since 1995. Where was the president last week? President [Donald Trump]( and First Lady Melania Trump had dinner with China’s President Xi Jinping at Mar-a-Lago in Florida on Thursday. Federal Judiciary - 136 total federal judicial vacancies* - Includes the current Supreme Court vacancy that will be filled when Neil Gorsuch officially joins the court next week. - 1 pending nomination - 12 future vacancies Ballotpedia depends on the support of our readers. The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit 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. [Donate Securely Online]( Decide which emails you receive from Ballotpedia. [Unsubscribe or adjust your preference]( Ballotpedia The Encyclopedia of American Politics 8383 Greenway Blvd., Suite 600 Middleton, WI 53562 [Facebook]( [Twitter](