Congress temporarily avoids a government shutdown; May 5 deadline looming

Lawmakers were unable to reach a deal on an omnibus bill to fund the government through the remainder of the fiscal year, which ends on September 30, [View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: April 22 - April 28What's on tap next week: April 29 - May 5 What's on tap? Lawmakers were unable to reach a deal on an omnibus bill to fund the government through the remainder of the fiscal year, which ends on September 30, 2017. The initial deadline for funding the government was April 28, 2017, but Congress passed a stopgap bill to keep the government operating for one week while lawmakers continue negotiations. President [Donald Trump]( wanted funding for the [border wall]( in exchange for agreeing to continue making payments to health insurers to prevent Affordable Care Act insurance markets from failing. After Democrats said that they would vote against a bill that included border wall funding, Trump backed off of the request, which eased negotiations. The Trump administration also said that it would continue to fund [cost-sharing payments](. As negotiations continue, the main priority for most Republicans is to secure funding for defense, while Democrats want to secure Medicaid funding for Puerto Rico. Republicans and Democrats are also divided over a rule that requires financial advisers to act in the best interests of clients saving for retirement. Republicans want to see it eliminated, and Democrats want to protect it.  - Trump sent a series of tweets about the possible shutdown, mentioning issues such as Puerto Rico, healthcare, military funding, and border security. - In order to pass the funding bill, 216 votes are needed in the House, and 60 votes are needed in the Senate, which means that all Senate Republicans and at least eight Senate Democrats will need to vote in favor of the bill to send it to Trump's desk. - If Congress fails to pass a budget, a partial shutdown will occur on May 6, 2017. The Week in Review Monday, April 24 Syrian government employees sanctioned - Treasury Secretary [Steven Mnuchin]( [announced]( [that]( the [Trump administration]( was imposing sanctions against 271 employees of the Scientific Studies and Research Center, a [Syrian government agency]( believed to be responsible for producing chemical weapons. The sanctions included freezing assets and barring financial transactions with U.S. persons and businesses. "The United States is sending a strong message with this action that we will not tolerate the use of chemical weapons by any actor, and we intend to hold the Assad regime accountable for its unacceptable behavior," Mnuchin said. President Trump calls for greater UN sanctions on North Korea - With the threat of another missile test from [North Korea]( President [Donald Trump]( [addressed]( 15 members of the [United Nations Security Council]( calling for additional sanctions against the country. "The status quo in North Korea is also unacceptable ... The council must be prepared to impose additional and stronger sanctions on North Korean nuclear and ballistic missile programs," Trump said. The United States' UN envoy also warned that military action could be possible if North Korea attacked a U.S. military base or tested an intercontinental missile. On the same day, Trump [spoke]( with Chinese President [Xi Jinping]( by phone, during which the Chinese president called for restraint from both the United States and North Korea. Former President Barack Obama delivers first public speech since leaving office - In his first public speaking engagement since leaving office three months ago, former President [Barack Obama]( [discussed]( civic engagement and his early career as a community organizer during a forum at the University of Chicago. Although he did not directly address his successor, Obama briefly touched on [immigration]( calling individuals working in the U.S. without legal permission “families who are looking for a better life for their children.” He continued, “It's not like everybody on Ellis Island had all their papers straight. The truth is, the history of our immigration system has always been a little bit haphazard, a little bit loose.” Former Rep. Miller joins lobbying firm - Former Rep. [Jeff Miller]( (R-Fla.) joined McDermott Will & Emery, a Washington, D.C., lobbying firm, as a senior legislative advisor. Miller, who represented [Florida’s 1st Congressional District]( from 2001 to 2017, is prohibited from lobbying Congress until January, when his one-year cooling off period ends. [He told Politico]( that he does intend to lobby once that period is up, saying, “After eight months go by, which is what’s left in my one-year ban, I look forward to working with my colleagues [in the House] again.” SCOTUS hears two cases in start of last week of arguments - The [U.S. Supreme Court]( heard arguments in two cases on Monday: - In [McWilliams v. Dunn]( the court reviewed a judgment of the [Eleventh Circuit Court of Appeals](. In the course of a lengthy appeals process in state and federal court following multiple felony convictions related to a 1984 homicide, James McWilliams, a death row inmate in [Alabama]( filed a[habeas]( petition in federal court alleging a due process violation that he was denied meaningful expert assistance for the evaluation, preparation, and presentation of his defense at the sentencing phase of his trial. McWilliams claimed, under the [U.S. Supreme Court's]( opinion in Ake v. Oklahoma, that he was entitled to an independent medical expert to aid in his defense rather than the state-appointed expert report that was equally disseminated to the defense, the prosecution, and the court. [Alabama]( argued that there was no clearly established federal law requiring an independent expert in order to satisfy Ake requirements. A [federal district court]( denied McWilliams' habeas petition. The [Eleventh Circuit Court of Appeals]( affirmed. - In [Davila v. Davis]( the court considered a judgment of the [Fifth Circuit Court of Appeals](. During direct appeals from a capital conviction for murder, counsel for the petitioner, Erick Daniel Davila, failed to raise an objection on appeal that was raised by his counsel during his trial. In a subsequent [habeas]( appeal in federal court, Davila claimed the ineffective assistance of his appellate counsel because counsel failed to raise the same objection on appeal that his trial counsel raised at trial. However, a [federal district court]( dismissed Davila's motion for habeas relief because in Davila's state habeas appeals, which took place prior to his federal habeas appeals, Davila never raised an ineffective assistance of counsel claim and, as such, his claim could not be raised in federal court; that is, the claim was procedurally defaulted. The [Fifth Circuit Court of Appeals]( affirmed. Verbatim Fact Check At a town hall debate on health care, Sen. Bernie Sanders claimed, "Before the Affordable Care Act … if you were a family of four during the eight years under George Bush, your premiums doubled." Sanders’ claim is incorrect. Average premiums for a family of four did not double during Bush’s presidency. Sanders’ staff identified the Kaiser Family Foundation’s Employer Benefits Annual Survey as the source for his claim. According to the Kaiser survey, the average annual employee contribution to cover a family of four increased 88 percent between 2001 and 2008. However, when adjusted for inflation (in 2016 dollars), the average contribution increased by 54 percent. A second employer survey by the federal government’s Agency for Healthcare Research and Quality (with data available beginning in 2003) found that the average annual employee contribution for a family of four increased by 27 percent between 2003 and 2008, adjusted for inflation. [Did healthcare premiums for families double under George W. Bush?]( Tuesday, April 25 Montana congressional candidates discuss domestic policy in joint interview - In a [joint interview]( with the editorial board of The Billings Gazette, [Montana congressional candidates]( [Rob Quist]( (D) and [Greg Gianforte]( (R) discussed [public lands]( [healthcare]( and [gun laws](. - Public lands: Quist called the federal transfer of public lands the defining issue of the race. He expressed opposition to the privatization of public lands and state involvement in their management. Gianforte said, “Better decisions get made when they’re made locally. That’s the management I’m looking for.” He opposed, however, the deed transfer of land. - Healthcare: Quist advocated government-funded healthcare, citing Medicare as an example of such a program he believed to be successful. He also expressed concern that ending the Affordable Care Act (ACA) would harm seniors and services in rural areas. Gianforte was critical of the ACA, but said that he could not support the [American Health Care Act]( proposed in March. He was also cautious about ending Medicaid expansion in the state. “Medicaid expansion that occurred in Montana has added 70,000 more people onto coverage. Let me be real clear, we cannot rip the carpet out from under these people,” Gianforte said. - Gun laws: Quist said that he supported registering automatic weapons rather than establishing a comprehensive gun registry. He stated that Gianforte would support a gun registry because the company that purchased Gianforte’s software business had worked for the federal government on a gun database. “First of all, he sold his company to it. And he says he still maintains a close relationship to it. This is a data collection organization and they are collecting data on gun owners,” Quist said. Gianforte responded that he had an NRA rating of A compared to Quist’s F. He added that “the registration of guns is the first step toward the confiscation of guns.” - Quist and Gianforte are joined on the ballot by Libertarian candidate [Mark Wicks]( in the race to replace Interior Secretary [Ryan Zinke]( seat in the House of Representatives. The election takes place on May 25, 2017. Zinke won election by more than 15 points in 2014 and 2016. Federal judge blocks enforcement of sanctuary jurisdiction executive order - U.S. District Judge[William Orrick]( issued a preliminary injunction blocking enforcement of one section of President Trump’s [January 25 executive order](. The section in question ended funding for jurisdictions, known as [sanctuary jurisdictions]( that adopt a spectrum of law enforcement policies that do not distinguish between citizens and other residents. Orrick found that the plaintiffs, the City of San Francisco and Santa Clara County, were likely to succeed on their claims that the order exceeded the executive branch's constitutional power by assuming spending powers reserved for Congress, as well as that the order violated the Fifth and Tenth Amendments. "Given the nationwide scope of the Order, and its apparent constitutional flaws, a nationwide injunction is appropriate," Orrick wrote. The injunction specified that it did not prevent enforcement of current law surrounding federal grants and did not prohibit the federal government from developing guidelines for what constitutes a sanctuary jurisdiction. - Following the ruling, the White House press secretary’s office released a [statement]( saying, “Today, the rule of law suffered another blow, as an unelected judge unilaterally rewrote immigration policy for our Nation … This case is yet one more example of egregious overreach by a single, unelected district judge. Today’s ruling undermines faith in our legal system and raises serious questions about circuit shopping.” - Attorney General Jeff Sessions released a [statement]( saying, "Actions that have always been understood to be squarely within the powers of the President, regardless of the administration, have now been enjoined … The Department of Justice cannot accept such a result, and as the President has made clear, we will continue to litigate this case to vindicate the rule of law." - See also: [Sanctuary policy preemption conflicts between the federal and local governments]( State Department website removes post promoting Trump business property - ShareAmerica, the State Department’s platform to promote U.S. interests abroad, [featured]( President [Donald Trump]( private country club, Mar-a-Lago, on its site, calling the property “the winter White House.” The website for the U.S. embassy in London also featured the same content. Both posts were later removed. - House Minority Leader [Nancy Pelosi]( (D-Calif.) and Sen. [Ron Wyden]( (D-Ore.) questioned why the State Department was promoting the president’s private business interests. - State Department spokesman Mark Toner [said]( on Tuesday afternoon that the post was intended to be informational rather than promotional. “We obviously take ethics obligations of our employees very seriously, so we’re looking at it. And we recognize that while there was no, obviously, malice aforethought with respect to this article; it was simply intended to inform foreign audiences about places they’ve been hearing about in the news pertinent to U.S. foreign policy and the President’s activities, I think going forward we’re going look at how we can tighten up our review process to ensure there’s no—any—or no greater confusion or no more confusion about some of the content on there,” Toner said. Federal appeals court upholds Wyoming gray wolf management plan - The [United States Court of Appeals for the District of Columbia Circuit]( issued a [final ruling]( upholding a wildlife management plan from the [Wyoming]( species in Wyoming) Game and Fish Department to manage and conserve [gray wolves]( wolf) in the state. In 2012, the [U.S. Fish and Wildlife Service](. Fish and Wildlife Service) determined that gray wolves in Wyoming were no longer endangered or threatened under the [Endangered Species Act]( Species Act), and the agency delisted (removed) the species from the federal list of [endangered and threatened species]( species) (the gray wolf remained listed in other states). As a result, the Wyoming Game and Fish Department took over the management and conservation of gray wolves in the state; the department managed gray wolves from 2012 to 2014 in accordance with federal guidelines. After the U.S. Fish and Wildlife Service had delisted the species, [Defenders of Wildlife]( of Wildlife), an environmental advocacy group, filed a lawsuit in November 2012, arguing that the agency violated the Endangered Species Act when it accepted Wyoming’s non-binding gray wolf management plan and that the species should be re-listed. In 2014, the [United States District Court of the District of Columbia]( sided with Defenders of Wildlife (among other environmental groups) and [ruled]( that the agency had violated federal law when it delisted the species and accepted the non-binding plan. The court argued that Wyoming's management plan must have the force of law in the form of an enforceable regulation or a state-passed law before the state could take over management of the gray wolf. In March 2017, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Fish and Wildlife Service did not err under federal law when it [delisted]( a species) (removed) Wyoming gray wolves and approved Wyoming's management plan. The court [concluded]( that state regulations to protect a [delisted species]( do not need to be binding in order to be adequate under the Endangered Species Act. As a result, the court deferred to the Fish and Wildlife Service’s 2012 judgment that Wyoming’s management plan would adequately protect gray wolves following the delisting. - See also: [Endangered Species Act]( Species Act) Ron Estes sworn in to the 115th Congress - [Ron Estes]( (R) was sworn in to the [U.S. House](. Estes won election to [Kansas’ 4th Congressional District]( in the first [special election]( of the year on April 11, 2017. The election was held to replace [Mike Pompeo]( (R), who was confirmed as director of the[CIA]( on January 23, 2017. Four vacancies remain in the U.S. House following Estes’ swearing-in, and Republicans hold a 238-193 majority. SCOTUS hears jurisdictional arguments in two cases - The [U.S. Supreme Court]( heard arguments in two more cases on Tuesday, both of which raised issues of a court’s jurisdiction. - In [Bristol-Myers Squibb v. Superior Court of San Francisco County, California]( the court reviewed a judgment of the [California Supreme Court](. 592 nonresident plaintiffs joined 86 residents of [California]( in suing Bristol-Myers Squibb (BMS) over alleged injuries resulting from a BMS-manufactured drug, Plavix. At no time did any of the nonresident plaintiffs suffer injuries in California nor were any treated for injuries in California. Further, BMS did not manufacture Plavix in California at any time. BMS has significant business activities in California, but is incorporated and headquartered outside of California. A[state appeals court]( and the [California Supreme Court]( held that the superior court had jurisdiction to hear the nonresident plaintiffs' complaints, holding that adjudicating merged litigation of the nonresident and California plaintiffs was not an unreasonable exercise of special, or case-specific, jurisdiction. - In [BNSF Railway v. Tyrrell]( the court reviewed a judgment of the [Montana Supreme Court](. Alleging injuries that occurred during the course and scope of his work for BNSF Railway (BNSF) which ultimately led to his death, the estate of Brent Tyrrell filed suit against BNSF in a Montana state court. BSNF moved to dismiss the case claiming the Montana court lacked jurisdiction. None of the alleged injuries occurred in Montana and BNSF is neither incorporated nor headquartered in Montana. A lower court dismissed BNSF's motion and the[Montana Supreme Court]( affirmed, holding that jurisdiction was conferred by Montana law and the Federal Employers' Liability Act (FELA). SCOTUS issues Indian tribe immunity ruling in Lewis v. Clarke - The [U.S. Supreme Court]( unanimously reversed and remanded the judgment of the [Connecticut Supreme Court]( in [Lewis v. Clarke]( a case regarding the extent to which the sovereign immunity of an Indian tribe extends to its employees. In an opinion by Justice [Sonia Sotomayor]( for a six-justice majority, the court held that a tribe's sovereign immunity does not extend to the actions of a tribal employee when the employee is the real party in interest and focus of a lawsuit. The court also held in such situations that tribal sovereign immunity cannot indemnify an employee from a lawsuit. Justices [Clarence Thomas]( and [Ruth Bader Ginsburg]( each wrote separate opinions concurring in the judgment, meaning they agreed with the holding of the court but for different or additional reasons. Verbatim Fact Check Representative Mia Love (R-Utah) recently briefed state lawmakers on her priorities in Congress, including her efforts to stem human trafficking. According to Love, the threat of human trafficking has become “epidemic.” Is that true? Has the threat of human trafficking become epidemic? Estimates of human trafficking incidents range from thousands to millions worldwide. According to government data, human trafficking rates are much lower than those of other violent crimes. Researchers say that the low numbers may be the result of underreporting or difficulties distinguishing cases of human trafficking from other crimes, such as prostitution. [Has the threat of human trafficking become epidemic?]( Wednesday, April 26 Roy Moore joins Alabama Senate special election race - Suspended chief justice of the [Alabama Supreme Court]( [Roy Moore]( (R) announced his entry into [Alabama’s U.S. Senate special election](. Moore was suspended from his position as chief justice of the Alabama Supreme Court on April 19, 2017, due to charges filed by the Judicial Inquiry Commission following his January 2016 order that Alabama probate judges refuse to issue marriage licenses to same-sex couples. The election will replace[Jeff Sessions]( (R) who was confirmed as[attorney general]( earlier in the year. The seat is currently filled by [Luther Strange]( (R), who was appointed to temporarily fill the vacancy on February 9, 2017. Moore and Strange are currently joined by Randy Brinson and Ed Henry in the Republican primary. Candidates have until May 17, 2017, to file. A primary election for each party will take place on August 15, 2017, with runoff primaries on September 26, 2017, if no candidate receives over 50 percent of the vote in each party primary. The general election will follow on December 12, 2017. The race is expected to be a safe Republican hold. House Finance Committee holds CHOICE Act hearing - The House Financial Services Committee [debated a draft]( of the Financial CHOICE Act. The CHOICE Act, a bill sponsored by the committee's chair, [Jeb Hensarling]( would repeal many of the provisions of the [Dodd-Frank Act]( limit the power of the [Financial Stability Oversight Council]( and end the Volcker Rule, which prohibits United States banks from making certain kinds of speculative investments that do not benefit their customers. Democratic members of the committee petitioned to hold their own hearing on the bill before allowing it to come to a vote. Trump agrees to not terminate NAFTA - In a call with Mexican President Enrique Peña Nieto and Canadian Prime Minister Justin Trudeau, President [Donald Trump]( [agreed to not terminate NAFTA]( a trade agreement between the United States, Mexico, and Canada. Prior to the call, the administration was considering an executive order to pull out of the [trade agreement](. Trump announced an intent to renegotiate the agreement after speaking with Nieto and Trudeau. The rules of the agreement require a 90-day consultation period with Congress and industry groups before formal negotiations with Canada and Mexico. On February 1, 2017, Nieto announced the beginning of the 90-day consultation period in Mexico. Trump signs executive order to review national monument designations - President [Donald Trump]( Trump) signed an [executive order]( directing the [U.S. Department of the Interior]( to review all designations of national monuments over 100,000 acres issued since 1996. In addition, the order directs the secretary of the interior to recommend legislative changes to the Antiquities Act of 1906, which allows the president to establish national monuments on [federal land]( land). National monuments are conserved in the same way as [national parks](. National Park Service), which are managed mainly to preserve [natural resources]( and provide public access to them. By contrast, other types of federal land allow for grazing, timber harvesting, [oil]( and [natural gas]( production, and more. Trump said that the order is meant "to end another egregious abuse of federal power and to give that power back to the states and to the people, where it belongs." According to U.S. Interior Secretary [Ryan Zinke]( Zinke), the order would affect [between 24 and 40 monuments](. At the signing ceremony, Trump framed the order around reversing the Bears Ears National Monument, a 1.3 million acre area in Utah designated as a national monument by former president [Barack Obama]( in December 2016, an area approximately the size of [Delaware]( policy in Delaware). By comparison, the Canyonlands National Park, the largest national park in Utah, [spans 337,598 acres]( and the largest U.S. national park, the Wrangell-St. Elias National Park in [Alaska]( policy in Alaska), [spans 8.3 million acres](. At the signing ceremony, Trump was joined by Sens. [Orrin Hatch]( Hatch) (R-Utah) and [Mike Lee]( Lee) (R-Utah) and Utah Gov. [Gary Herbert]( (R), all of whom oppose the Bears Ears monument designation. - [Proponents]( of the order, such as the Public Lands Council—an association of cattle and sheep producers—argued that it is inappropriate to use the 1906 Antiquities Act to manage federal land today and that the act should amended. - [Opponents]( of the order, such as the National Parks Conservation Association—a national park and monuments advocacy group—argued that the Bears Ears and other monuments are necessary to preserve the areas for public access and recreation. - See also: [Federal land policy]( land policy) - See also: [Federal policy on federal land, 2017-2020]( SCOTUS hears final arguments of October term - The [U.S. Supreme Court]( concluded its [October 2016 term]( with arguments in three cases consolidated into two arguments. In total, the court heard arguments in 71 cases this term with the court’s newest member, Justice [Neil Gorsuch]( participating in 14 of those 71 arguments. - In [Maslenjak v. United States]( the court reviewed a judgment of the [United States Court of Appeals for the Sixth Circuit](. After lying on an application for refugee status in 1998 and affirming those lies under oath in interviews with immigration officials, Divna Maslenjak was convicted in 2014 on two criminal counts related to providing false statements. As part of her sentence, she was stripped of her naturalized citizenship. Maslenjak argued on appeal that the false statements she made were immaterial to decision to grant refugee status and that this is not sufficient to enforce a denaturalization order under the relevant [federal law](. The government argued that a defendant's statements need not be material in order to sustain a conviction under 18 U.S.C. §1425(a), the statements simply need to be demonstrably false. The[Sixth Circuit]( affirmed the judgment of the lower court, however, the court also noted that their position was in conflict with four other[federal appeals courts](. Those courts adopt the same requirement for a civil or criminal violation. Proof of materiality is a requirement under a [federal law]( to denaturalize a defendant for certain[civil violations](. The Sixth Circuit is the only circuit to hold that materiality is not required to denaturalize a citizen for similar [criminal violations](. - The court also heard arguments in cross-appeals from the [United States Court of Appeals for the Federal Circuit](. The cases were [Sandoz v. Amgen]( and [Amgen v. Sandoz](. Both cases alleged that the Federal Circuit erroneously interpreted requirements of the Biologics Price Competition and Innovation Act (BPCIA). Thapar goes before Senate Judiciary Committee - [Amul Thapar]( a nominee to the [United States Court of Appeals for the Sixth Circuit]( had confirmation hearings before the [Senate Judiciary Committee]( on Wednesday. Thapar, currently a judge on the [U.S. District Court for the Eastern District of Kentucky]( was one of [21 names]( President [Donald Trump]( released during the [2016 presidential campaign]( as candidates from which he would select nominees to fill vacancies on the [U.S. Supreme Court](. Thapar was the second Article III judicial nominee to be considered by the Judiciary Committee in the [115th U.S. Congress]( the first, [Neil Gorsuch]( was confirmed as an [associate justice]( of the U.S. Supreme Court by the [Senate]( on April 7, 2017. Thapar is the third nominee to a federal judicial position that has been made by President Trump since taking office. Committee members will have one week to submit questions for the record (QFR) that Thapar will answer in writing before the Committee will consider reporting Thapar’s nomination to the full [U.S. Senate](. Currently, there are 137 vacancies in the federal judiciary. Of these, 121 are to positions where confirmed nominees serve a life term. Trump says he has absolutely considered splitting Ninth Circuit - On Wednesday, President [Donald Trump]( told [The Washington Examiner]( that he had considered proposals to split the Ninth Circuit. The Ninth Circuit is the largest of the federal appellate courts, with 29 active judicial positions. The circuit has jurisdiction over roughly 20% of the U.S. population, and has authority over federal courts in Alaska, Arizona, California, Guam, Hawaii, Idaho, the Northern Mariana Islands, Montana, Nevada, Oregon, and Washington. By comparison, the next largest circuit court, the [Fifth Circuit]( has 17 active judges and presides over roughly 10% of the U.S. population with authority over federal courts in Texas, Louisiana, and Mississippi. Robert Barnes, [The Washington Post’s]( Supreme Court writer, has called the court the most liberal in the country. When asked about his consideration of splitting the Ninth Circuit, Trump said, “Absolutely, I have. There are many people that want to break up the 9th Circuit. It's outrageous. Everybody immediately runs to the 9th Circuit. And we have a big country. We have lots of other locations. But they immediately run to the 9th Circuit. Because they know that's like, semi-automatic. ... You see judge shopping, or what's gone on with these people, they immediately run to the 9th Circuit ... It's got close to an 80 percent reversal period, and what's going on in the 9th Circuit is a shame.” - Read more on: [Proposals to split the Ninth Circuit]( [US Court of Appeals]( [District 9]( Freedom Caucus supports AHCA; no vote scheduled - The [House Freedom Caucus]( said that they would support the [American Health Care Act of 2017]( (AHCA)—a reconciliation bill that proposes modifying the budgetary and fiscal provisions of the [Patient Protection and Affordable Care Act]( (ACA), also known as Obamacare—because of [an amendment]( that would allow states to opt out of some provisions of the ACA. The amendment, created by [Tuesday Group]( Co-Chair [Tom MacArthur]( (R-N.J.) and House Freedom Caucus Chairman [Mark Meadows]( (R-N.C.), would retain the 10 essential health benefits as the federal standard for what health plans must cover, but it would allow states to acquire a waiver from the requirement. The amendment would also allow states to obtain waivers from the community rating provisions, except for the rules limiting premium variance based on gender and age. States could only waive the limits on varying premiums based on health status if they had also established a publicly funded high-risk pool to cover individuals with costly conditions. - The [House Freedom Caucus]( said in a statement, "While the revised version still does not fully repeal Obamacare, we are prepared to support it to keep our promise to the American people to lower healthcare costs. We look forward to working with our Senate colleagues to improve the bill. Our work will continue until we fully repeal Obamacare." - Although the amendment, if adopted, would garner more votes from the House Freedom Caucus, [Tuesday Group]( Co-Chairman [Charlie Dent]( (R-Pa.) said that it was unlikely to cause centrists Republicans to change their votes. Dent said, “My sense is the members of our group who were opposed to the bill before remain opposed, nothing's changed. That's my sense. You have to ask each one of them individually.” - Republicans tried to hold a vote on the AHCA in March, but were unable to garner enough support. Read more about the failed attempt [here](. --------------------------------------------------------------- Thursday, April 27 President Trump discusses future of U.S.-North Korea relations - President [Donald Trump]( said in [an interview]( with Reuters that although he would prefer to use diplomatic means to handle [North Korea]( military conflict was possible. "There is a chance that we could end up having a major, major conflict with North Korea. Absolutely," Trump said. He mentioned that North Korean leader Kim Jong Un had gained power at a young age. "I'm not giving him credit or not giving him credit, I'm just saying that's a very hard thing to do. As to whether or not he's rational, I have no opinion on it. I hope he's rational," he said. Trump also discussed his impression of Chinese President Xi Jinping's approach to North Korea, saying, "I believe he is trying very hard. He certainly doesn’t want to see turmoil and death. He doesn’t want to see it. He is a good man.” Trump’s Cabinet is complete with the confirmation of Acosta as labor secretary  - [Alexander Acosta]( President [Donald Trump]( nominee for [secretary of labor]( was [confirmed]( by the Senate, 60-38. Eight Democrats—[Catherine Cortez Masto]( (Nev.), [Heidi Heitkamp]( (N.D.), [Joe Manchin]( (W.V.), [Claire McCaskill]( (Mo.), [Robert Menendez]( (N.J.), [Bill Nelson]( (Fla.), [Jon Tester]( (Mont.), and [Mark Warner]( (Va.)—and one independent, [Angus King]( (Maine), supported Acosta. He is the final member of Trump's Cabinet to be confirmed. --------------------------------------------------------------- Friday, April 28 Trump holds fundraiser for Karen Handel in GA-6 race - President [Donald Trump]( held a fundraiser for [Karen Handel]( the Republican nominee in [Georgia’s 6th Congressional District special election](. The event followed Trump’s address at a [National Rifle Association]( (NRA) convention in Atlanta. During the NRA address Trump praised Handel, saying “She’s totally for the NRA and she’s totally for the Second Amendment. So get out and vote.” Handel will face [Jon Ossoff]( (D) in the runoff election on June 20. The election will replace [Tom Price]( (R), who was confirmed as [United States Secretary of Health and Human Services]( on February 10, 2017. This special election has received the most outside attention and spending of any special election race this season and is on pace to be the most expensive House race in U.S. history. Federal appeals court halts litigation on the Clean Power Plan - The [United States Court of Appeals for the District of Columbia Circuit]( [granted a request]( by the Trump administration to halt litigation on the [Clean Power Plan]( which was issued by the EPA in 2015 to reduce [carbon dioxide]( emissions at affected power plants. As a result, the court will not rule on the plan's legality. In March 2017, President Donald Trump signed an executive order directing the EPA to repeal the Clean Power Plan. The court's decision will allow the EPA to repeal the rule without a court review of the plan's legality under the [Clean Air Act]( Air Act). - The court heard oral arguments on the plan in September 2016. Twenty-seven states opposed the Clean Power Plan and 26 joined lawsuits challenging the plan, and 18 states filed legal briefs in support of the plan as of March 2017. - See also: [Clean Power Plan]( - See also: [Clean Power Plan political timeline]( Congress is in session SCOTUS is 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 held its final argument sitting of the October 2016 term this week. The court is scheduled to hold a non-argument session on Monday, May 1, in which the court will issue orders and may issue opinions. What's On Tap Next Week Monday, May 1 SCOTUS to hold non-argument session - The [U.S. Supreme Court]( will hold t