House takes first step in replacing Obamacare

The U.S. House of Representatives passed the American Health Care Act of 2017 (AHCA), a reconciliation bill that proposes modifying the budgetary and [View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: April 29 - May 7What's on tap next week: May 8 - May 12 What's on tap? The [U.S. House of Representatives]( [passed]( 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, by a vote of 217-213. After a [failed attempt]( at replacing elements of the ACA in March, House Republicans developed a revised version of the AHCA. Members of the [House Freedom Caucus]( who initially opposed the bill, announced their support for the AHCA on April 26, 2017, after [an amendment]( that would allow states to opt out of some provisions of the ACA was introduced. Although the amendment earned the support of the [House Freedom Caucus]( Co-Chairman of the [Tuesday Group]( [Charlie Dent]( (R-Pa.) expressed doubt that centrist Republicans would change their votes. In an attempt to earn support for the AHCA from centrists, Rep. [Fred Upton]( (R-Mich.) introduced an amendment that would provide states with an additional $8 billion over five years to fund high-risk pools for individuals with preexisting conditions. The changes were enough to get the GOP the 216 votes they needed. Two hundred and seventeen Republicans voted to approve the bill. Twenty [Republicans]( and 193 Democrats voted against the bill. - What do Senate Republicans think of the bill? The bill will now head to the Senate for consideration where it is expected to undergo changes. Sen. [Roy Blunt]( (R-Mo.) said that the upper chamber will spend time changing the bill and not rush it through to a vote. He said, “I can’t imagine there will be a rush to take up the bill as much as a real concentrated effort to find where the 51 votes might be if the 51 votes are still available.” Some Senate Republicans have expressed opposition to the bill because of the changes it would make to Medicaid and the likelihood that it would make healthcare unaffordable for low-income families and individuals age 50 to 65. Additionally, some Republicans oppose the bill because they do not think that it would lower premiums. - What do Senate Democrats think of the bill? In the bill’s current form, all Senate Democrats oppose the AHCA. Senate Minority Leader [Chuck Schumer]( (D-N.Y.) said, “This bill is going nowhere fast in the United States Senate. Senate Republicans should refuse to follow their House colleagues over a cliff, reject repeal, and work with Democrats to improve our healthcare system in a bipartisan way.” - What happens if the Senate passes the bill? First of all, Republicans hold 52 seats in the Senate, and they need 51 votes to pass the AHCA. Because no Democrats are expected to vote for the AHCA, only two GOP senators can vote against the bill. Vice President Mike Pence could break a tie to pass the AHCA. If the Senate passes the bill, it would have go through a conference committee to resolve differences between the House and Senate versions of the bill. A majority of the members on the committee from both chambers would have to approve the bill. Then the House and Senate would have to approve the finalized bill without amendments. If approved, it would then go to the president for his signature. - Can the AHCA be filibustered and what is reconciliation? No. The AHCA is going through the [budget reconciliation process]( which allows legislation to pass with a simple majority instead of the usual 60-vote threshold to end a [filibuster]( in the Senate. The Congressional Budget Act allows reconciliation to be used for legislation that changes outlays (spending), revenues, and the federal debt limit. The Obama administration used this process to help it pass the ACA in 2010. - What is the Byrd Rule and how could it impact the AHCA? The Byrd rule requires reconciliation bills to relate solely to budgetary matters. Under the rule, the Senate parliamentarian will decide whether the provisions included in the AHCA are sufficiently budget-related. One concern is the provision that would allow insurers to increase monthly premiums by 30 percent for one year for individuals who do not maintain continuous health insurance coverage. According to [Business Insider]( “Since the money from the penalty goes to the insurance companies, the rule does not affect tax receipts for the federal government akin to the ACA's current individual mandate, in which the penalty is paid to the IRS.” This provision and others could cause problems for the GOP. Rep. [Trent Franks]( (R-Ariz.) commented on the process, saying,"The House has the untenable task of trying to craft a bill that will fit through the matrix of the Byrd Rule. It's essentially like trying to force a giraffe through a keyhole. If you get the job done, he looks a little differently on the other side." The Week in Review Saturday, April 29 Candidates [debate]( in Great Falls for Montana House seat - Republican [Greg Gianforte]( Democrat [Rob Quist]( and Libertarian [Ron Wicks]( participated in the only televised debate for the [May 25 special election]( for [Montana’s only House seat](. Ballotpedia rated this race as “Likely Republican” after its vacancy resulted from the appointment of incumbent Republican [Ryan Zinke]( to be U.S. Secretary of the [Interior](. [Candidates discussed]( taxes, gun ownership, marijuana legalization, healthcare legislation, and other issues. Gun issues presented a clear point of difference between the candidates. Gianforte criticized Quist for supporting what Gianforte called a “gun registry.” Quist stated that he did not support creating a new gun registry, saying, “Fully automatic assault rifles are already required to be registered… All of the sportsman’s alliance groups are backing me on this because they know that what he is saying is merely a smokescreen.” Wicks indicated he opposed limitations on gun ownership and that he did not believe privatization of public land was a significant problem. - For a full summary of the debate, please see: [Montana’s At-large Congressional District Special Election, 2017]( Demonstrators attend Climate March to protest Trump administration climate policies - Multiple individuals and groups, including environmental advocacy groups such as the [Sierra Club]( Club), attended the [Climate March]( a demonstration held in Washington, D.C., on the 100th day of the Trump administration. Approximately 200,000 individuals attended, according to [the website of the group]( sponsoring the event. Attendees marched against the [climate]( policy on climate change, 2017-2020), [environmental]( policy on environmental regulations, 2017-2020), and [energy policies]( policy on energy, 2017-2020) of the Trump administration. These policies include President Trump’s March 2017 executive order directing the [Environmental Protection Agency]( Protection Agency) (EPA) to review and repeal the [Clean Power Plan]( the Obama administration’s policy mandating reductions in [carbon dioxide]( dioxide) emissions at power plants in response to [human-caused climate change](. - See also: [Federal policy on environmental regulations, 2017-2020]( - See also: [Federal policy on energy, 2017-2020]( - See also: [Federal policy on climate change, 2017-2020]( --------------------------------------------------------------- Monday, May 1 Senate Foreign Relations Committee will not pursue sanctions bill against Russia - Sen. [Bob Corker]( (R-Tenn.), the chair of the [Senate Foreign Relations Committee]( [announced]( that the committee was not pursuing a sanctions bill against [Russia]( for its interference in the [2016 presidential election](. Corker said that he and ranking member [Ben Cardin]( (D-Md.), who proposed sanctions in January, were instead working "together on a bill to push back against Russia in Europe and what they're doing." A spokesperson for Cardin said of the agreement, "Senator Cardin stands by the series of proposals he's laid out on Russia but looks forward to working with Chairman Corker on this bill as an initial step to hold Russia accountable for its destabilizing activities." President Trump discusses Obama wiretapping allegations - In an interview with CBS' [John Dickerson]( (journalist)), President [Donald Trump]( [revived]( his allegation that former President [Barack Obama]( Obama) had [wiretapped]( him during the [2016 presidential election]( election, 2016). While discussing the state of his relationship with the former president, Trump said: "Well, he was very nice to me. But after that, we've had some difficulties. So it doesn't matter. You know, words are less important to me than deeds. And you—you saw what happened with surveillance. And everybody saw what happened with surveillance." When Dickerson asked him if he stood by his claim, Trump said, "I don't stand by anything. I just—you can take it the way you want. I think our side's been proven very strongly. And everybody's talking about it. And frankly it should be discussed. I think that is a very big surveillance of our citizens. I think it's a very big topic. And it's a topic that should be number one. And we should find out what the hell is going on." The Senate and House Intelligence Committees [announced]( in March that they had not seen any information to support Trump’s allegations. Two federal judges elect to take senior status - Two federal district judges elected to take senior status on Monday creating the 100th and 101st [vacancies]( at the district court level. The number of active federal district posts under current law is 677 and these vacancies brought the current vacancy percentage among district courts to just under 15% (14.92%). The current vacancy percentage among all federal judges is now 14.1%. The judges who elected to take senior status were [Gregory Sleet]( of the [District Court of Delaware]( and [John Thomas Marten]( of the [District Court of Kansas](. - For more on judicial vacancies during Trump’s first term, read [our report.]( SCOTUS issues opinions in two cases - The [U.S. Supreme Court]( issued rulings in three cases on Monday. - The court issued a unanimous ruling vacating and remanding the judgment of the [D.C. Circuit]( in [Venezuela v. Helmerich & Payne Int'l](. In an opinion by Justice [Stephen Breyer]( the court held that the D.C. Circuit's standard to review cases falling within the Foreign Sovereign Immunities Act's (FSIA) expropriation exemption was too lenient. The expropriation exemption applies to "any case .. in which rights in property taken in violation of international law are in issue." The D.C. Circuit had held that any nonfrivolous claim raised under the expropriation exemption conferred jurisdiction under the FSIA. The Supreme Court, however, held that this standard was too lenient and ruled that the exemption only grants jurisdiction in cases where a court finds the factual record supports a claim that property was taken in violation of international law and not merely that a taking may have occurred. - Five justices agreed to vacate and remand the judgment of the [Eleventh Circuit Court of Appeal]( in two consolidated cases: [Bank of America v. Miami]( and [Wells Fargo v. Miami](. In an opinion by Justice [Stephen Breyer]( the court held that the city of [Miami]( qualified as an aggrieved person within the meaning of the Fair Housing Act (FHA), meaning they could bring a civil action under the FHA. However, because the circuit court applied the wrong standard for determining if the bank's actions constituted the proximate cause of the city's alleged injuries, the Supreme Court remanded the case back to the circuit court to determine how proximate cause should be determined under the FHA. Justice [Clarence Thomas]( filed an opinion concurring in part and dissenting in part which was joined by Justices [Anthony Kennedy]( and [Samuel Alito](. Justice Thomas agreed that the lower court erred in determining proximate cause under the FHA, but he stated that he would have reversed the lower court because he felt that Miami's asserted interests did not fall within the scope of the FHA. Further, even if Miami's interests fell within the scope of the FHA, Justice Thomas argued that Miami failed to demonstrate the bank's alleged actions were the proximate cause of Miami's alleged injuries. --------------------------------------------------------------- Tuesday, May 2 President Trump considering moving U.S. embassy in Israel from Tel Aviv to Jerusalem - [Speaking]( at the Israel Independence Day Commemoration at the White House, Vice President [Mike Pence]( said, "The president of the United States, as we speak, is giving serious consideration into moving the American embassy in Tel Aviv to Jerusalem." He added that an end to the [Israeli-Palestinian conflict]( was a priority for Trump, although the security of Israel came first. "To be clear, the president has also personally committed to resolving the Israeli and Palestinian conflict. ... President Donald Trump will never compromise the safety and security of the Jewish State of Israel—not now, not ever," Pence said. DeMint removed as president of Heritage Foundation - Former Sen. [Jim DeMint]( was removed as the president of [The Heritage Foundation]( one of the largest conservative think tanks in the country. The nonprofit’s board of trustees voted unanimously for his removal. [In a statement]( the think tank said DeMint’s resignation was asked for based on “significant and worsening management issues that led to a breakdown of internal communications and cooperation.” Ed Feulner, who co-founded Heritage and was the organization’s president from 1977 to 2013, will act as president until the organization finds a replacement. Republican candidates head to a runoff; Democrats [nominated]( Archie Parnell for the [SC-5 special election]( Archie Parnell earned the nomination of the Democratic Party to fill the vacancy in [South Carolina’s 5th Congressional District]( by receiving 71 percent of the Democratic primary vote. On the Republican side, no candidate received more than 50 percent of the vote, forcing a runoff on May 16. The participants of the Republican runoff are both members of the South Carolina State House, [Tommy Pope]( of House District 47 and [Ralph Norman]( of House District 48. Each received just over 30 percent of the vote, advancing past a field of five other Republican candidates. Pope received the most votes by a margin of 0.3 percent. 67.7 percent of voters cast a vote in the Republican primary, while 32.3 percent voted in the Democratic primary. Ballotpedia rated this race as “Safe Republican” after its vacancy resulted from the appointment of Republican incumbent [Mick Mulvaney]( to become the Director of the [Office of Management and Budget](. Mulvaney won reelection in the district in 2016 by a margin of 20.5 percent. Verbatim Fact Check - California state Assemblyman Jimmy Gomez is one of two Democratic candidates in the June 6 runoff election to represent the 34th Congressional District. The Gomez campaign cites his sponsorship of AB 908, a bill expanding family leave benefits, as evidence of his progressive record: "With AB 908, California will once again lead the nation in Paid Family Leave and ensure that the program works for all." Is the Gomez claim accurate? Does adoption of AB 908 mean California will “lead the nation” in paid family leave? Yes. When AB 908 takes effect in 2018, California will offer the highest levels of payment, have the easiest eligibility requirements, and feature the largest pool of family members whose care qualifies an employee for leave. New York will offer a longer leave period. Whether the statute will “ensure that the program works for all” is speculative, at this point. [Jimmy Gomez on paid family leave in California]( Wednesday, May 3 DCCC invests $400,000 more in Montana - The [Democratic Congressional Campaign Committee]( (DCCC) announced it was [investing]( $400,000 more to support [Rob Quist]( (D) in the [special election]( for U.S. House on May 25. The political committee had previously invested $200,000 in the race, which was used to buy television ads supporting Quist. The additional money is intended for more advertisements and for a [get out the vote]( campaign encouraging Democrats and independents to vote by mail. Senior federal judge to become Baltimore’s city solicitor - [Andre Davis]( a [senior federal judge]( on the [United States Court of Appeals for the Fourth Circuit]( announced that he will retire as a federal judge to become the city solicitor for [Baltimore, Maryland](. Davis will start his new position on September 1, 2017. As a senior federal judge, Davis’ retirement from the bench will not create a new vacancy on the court. Davis’ judicial career began as a judge for [Maryland’s First District]( in 1987. Three years later, he transitioned to a judicial post on [Maryland’s Eighth Circuit]( before being confirmed by the [U.S. Senate]( as a federal district judge for the [District of Maryland]( in 1995. Davis was confirmed to the Fourth Circuit Court of Appeals in 2009 and served on active status until he elected to take senior status in 2014. FBI Director Comey testifies before Senate committee on Clinton email investigation and Russia - During his[testimony]( before the [Senate Judiciary Committee]( [James Comey]( was asked about his decision to make public the FBI’s investigation into Hillary Clinton’s [private email server use]( and [Russian involvement]( in U.S. politics. - Comey identified former President [Bill Clinton]( [meeting]( with Attorney General [Loretta Lynch]( on an airport tarmac in June 2016 as the catalyst to go public with the FBI’s investigation. “A number of things had gone on which I can't talk about yet, that made me worry that the department leadership could not credibly complete the investigation and decline prosecution without grievous damage to the American people's confidence in the justice system,” Comey said. He continued, “And then the capper was—and I'm not picking on the attorney general, Loretta Lynch, who I like very much—but her meeting with President Clinton on that airplane was the capper for me, and I then said, you know what, the department cannot, by itself, credibly end this.” - Comey [said]( that the Russian government was still active in U.S. politics and confirmed that an investigation into any connections between the Trump campaign and Russia was ongoing. He described the Russian threat to democracy as “the greatest threat of any nation on earth, given their intention and their capability.” - He also confirmed that former acting Attorney General Sally Yates had informed him in January that [Michael Flynn]( had lied about his conversations with a Russian diplomat and that he could be susceptible to blackmail. President Trump and Palestinian Authority President Abbas meet at the White House - Palestinian Authority President Mahmoud Abbas met with President [Donald Trump]( at the White House. Trump said during a [joint press conference]( “I'm committed to working with Israel and the Palestinians to reach an agreement. But any agreement cannot be imposed by the United States, or by any other nation. The Palestinians and Israelis must work together to reach an agreement that allows both peoples to live, worship, and thrive and prosper in peace. And I will do whatever is necessary to facilitate the agreement—to mediate, to arbitrate anything they'd like to do. But I would love to be a mediator or an arbitrator or a facilitator. And we will get this done.” He also discussed working with Palestinian forces to combat the [Islamic State](. “I know President Abbas has spoken out against ISIS and other terrorist groups, and we must continue to build our partnership with the Palestinian security forces to counter and defeat terrorism,” he said. - See also: [Federal policy on Israel and Palestine, 2017-2020]( Democratic candidate airs first attack ad in race for Georgia’s 6th Congressional District - Democrat [Jon Ossoff]( who had not aired an ad directed at Republican candidate [Karen Handel]( during the campaign for the April 18 special election, [launched one this week]( The [ad states that Handel]( has “run six times for five different offices” and “spends your money on herself.” In a statement explaining the decision to launch the negative ad, Ossoff said that he would “refrain from personal attacks and cheap shots” when he uses negative ads to draw a contrast. The [Democratic Congressional Campaign Committee]( has also launched ads attacking Handel. Ossoff’s campaign has reportedly reserved about [$5.2 million of air time]( including radio and television, leading up to the runoff. --------------------------------------------------------------- Thursday, May 4 President Trump signs religious freedom executive order - President [Donald Trump]( signed an executive order, [Promoting Free Speech and Religious Liberty]( which directed the [Treasury Department]( to "not take any adverse action against any individual, house of worship, or other religious organization on the basis that such individual or organization speaks or has spoken about moral or political issues from a religious perspective." Such political speech would be prohibited under the Johnson Amendment, which bars tax-exempt organizations like churches from supporting or opposing political candidates. The executive order also instructed the [Secretary of the Treasury]( the [Secretary of Labor,]( and the [Secretary of Health and Human Services]( to consider revising existing regulations to address conscience-based objections to the [Affordable Care Act]( mandate requiring coverage of contraception by many employer insurance plans. This is the 34th executive order signed by Trump. - See more: [Federal policy on the First Amendment, 2017-2020]( - Prior to Trump signing the order, the [ACLU]( the [Human Rights Campaign]( and [Lambda Legal]( all announced their intention to challenge it in court. [In a statement]( Thursday, the ACLU said they had decided not to sue the administration, calling the order “an elaborate photo-op with no discernible policy outcome.” The Human Rights Campaign [vowed to]( “challenge any effort by Jeff Sessions or other agencies of Trump's administration to license discrimination,” but did not explicitly say they would introduce a lawsuit at this time. Lambda Legal, a national civil rights organization that pursues impact litigation, said that they would not file a specific lawsuit at this time but [noted]( “If [the Trump administration] take[s] action based on this executive order that harms our community, we will sue.” President Trump announces stops on first trip abroad in office - President [Donald Trump]( announced that he would travel to Saudi Arabia, [Israel]( and the Vatican during his first trip abroad later this month. The Chicago Tribune [reported]( “Senior administration officials said Trump chose Saudi Arabia as his first stop to show his commitment to improving U.S. relations with the Muslim world.” Trump will also [travel]( to Brussels for a NATO meeting and Italy for a G7 summit. Federal judge orders extension of voter registration deadline in Georgia’s 6th - U.S. District Judge [Timothy Batten]( [ordered the state of Georgia]( to reopen voter registration ahead of the [June 20 runoff]( for the [6th Congressional District](. The runoff to replace Secretary of [Health and Human Services]( [Tom Price]( will be between Democrat [Jon Ossoff]( and Republican [Karen Handel](. Registration had been closed since March 20, but will now open immediately and will remain open through May 20. The decision originates from a lawsuit by The Lawyers’ Committee for Civil Rights Under Law, which alleged that the state of Georgia ended voter registration for federal runoff elections two months earlier than required by federal law. According to the Atlanta Journal-Constitution, the office of Georgia Secretary of State [Brian Kemp]( (R) stated that they would seek to comply with the order, but had previously said that the lawsuit was politically motivated. --------------------------------------------------------------- Friday, May 5 Trump signs bill to keep the government funded through the remainder of the fiscal year President Donald Trump [signed]( [HR 244—the Consolidated Appropriations Act of 2017]( law to keep the government funded through the end of the fiscal year on September 30, 2017. On Wednesday, the House passed the bill by a vote of 309-118, and the following day the Senate passed the bill by a vote of 79-18. It was the [first major legislation of 2017]( to pass the House and Senate with bipartisan support. The bill included, but was not limited, to the following: a $12.5 billion increase in defense spending; an additional $2.5 billion in defense spending to fight the Islamic State (ISIS/ ISIL); a $2 billion increase in funding for the National Institutes of Health; $1.5 billion for border security—the money could not be used for President Donald Trump's border wall; $407 million in wildfire relief for western states; $295 million for Puerto Rico's Medicaid program; $100 million to combat opioid addiction; $150 million for the National Endowment for the Arts; $150 million for the National Endowment for the Humanities; $61 million for local law enforcement agencies in New York and Florida to protect Trump; funding for Planned Parenthood Federation of America Inc.; and funding for coal miners' healthcare. Congress is not in session SCOTUS is not in session The U.S. Senate will be in session Monday-Friday. The U.S. House is not in session next week. They will return on May 16. The U.S. Supreme Court has concluded arguments for this term. The court is in recess until Monday, May 15, when the court will hold a non-argument session in which orders are expected and opinions in pending cases may be announced. --------------------------------------------------------------- Monday, May 8 Fourth Circuit to hear appeal of Trump’s immigration executive order - The [United States Court of Appeals for the Fourth Circuit]( will hear an appeal of a nationwide preliminary injunction issued in April by U.S. district judge [Theodore Chuang]( of the [District of Maryland]( related to President Donald Trump’s [immigration executive order]( dated March 6, 2017. The Fourth Circuit will sit [en banc]( meaning all active judges on the court will hear the case. Judge Chuang’s April order halted implementation of the portion of the executive order that would have prevented Iran, Libya, Somalia, Sudan, Syria, and Yemen nationals from receiving visas. In his order, Chuang highlighted public statements made by Trump to demonstrate that there was evidence of religious purpose in suspending travel from the seven countries affected by the order. Chaung wrote, "these statements, which include explicit, direct statements of President Trump's animus towards Muslims and intention to impose a ban on Muslims entering the United States, present a convincing case that the First Executive Order was issued to accomplish, as nearly as possible, President Trump's promised Muslim ban." The decision to hold a hearing before the full Fourth Circuit could have the effect of expediting a resolution to the case. Former Acting Attorney General Sally Yates to testify before Senate committee - Former Acting Attorney General [Sally Yates]( is [scheduled]( to testify before the [Senate Judiciary Committee]( regarding [Michael Flynn]( communications with Russian ambassador Sergey Kislyak. Flynn served as President [Donald Trump]( national security adviser for three weeks before resigning amid reports that he did not fully disclose his discussion of sanctions against Russia with the Trump administration. --------------------------------------------------------------- Tuesday, May 9 Second Circuit three-judge panel to hear ongoing class action lawsuit - A three-judge panel of the [U.S. Court of Appeals for the Second Circuit]( will hear arguments in a class action against Sterling Jewelers, which is the parent company of Jared and Kay Jewelers, alleging various forms of discrimination and sexual harassment under Title VII of the Civil Rights Act. According to a [report]( in The New York Times, the class action “includes 69,000 current or former employees and accuses Sterling of pay discrimination against women.” In declarations filed by some of the plaintiffs, first obtained by The Washington Post and [reported]( by USA Today, the suit also alleges “reports of a rape, male managers cavorting in a swimming pool with topless female employees at a mandatory manager's conference and a witness who tells of a male manager suggesting that a female co-worker swipe a credit card between her breasts.” The suit, which was first filed in 2008, is part of an ongoing bias arbitration suit against Sterling. The judges on the panel are [Peter Hall]( [Jon Newman]( and [Rosemary Pooler](. --------------------------------------------------------------- Wednesday, May 10 Senate Judiciary Cmte. to hold hearings on three DOJ agency head nominees - The [Senate Judiciary Committee]( will hold confirmation hearings on three nominees to head agencies within the [U.S. Department of Justice]( (DOJ). There are 56 agencies within the Justice Department. The nominees to these three positions are: - Makan Delrahim: Assistant attorney general, antitrust division - Steven A. Engel: Assistant attorney general, office of legal counsel - Noel J. Francisco: [United States solicitor general]() The antitrust division is the principal agency of the Justice Department charged with prosecuting antitrust cases. The solicitor general is the counsel representing the interests of the U.S. government, either as a direct party to a case or as an interested third party (an [amicus curiae]( in all federal appellate litigation. The office of legal counsel was [described by PBS]( as “the most important legal office in the federal government. … It is the office which tells the executive branch, from the president to the military to the CIA to anyone else, what the law is.” --------------------------------------------------------------- Thursday, May 11 Eleventh Circuit to hear appeal for Stingray records The [Eleventh Circuit Court of Appeals]( will hear arguments Thursday in ACLU of Florida, Inc. v. City of Sarasota, Florida, et al. The case centers on the use of portable cell site simulators, which are also known as ISMI catchers or Stingray devices, by police officers. According to a [report]( from The Globe and Mail, “at its core, an IMSI catcher like the StingRay is just another radio transmitter that pretends to be a base station or tower … except that it’s not going to route your calls through to your friends. Instead, it can identify and track your phone, as well as actually block you from making calls or in some circumstances, on some devices, can even record the calls themselves.” In its filings, the ACLU requested that the Sarasota Police Department provide public records on the department’s use of such devices. The department refused, stating that the detective who submitted the department’s applications to the state courts to use the devices did so in his capacity as a cross-sworn deputy U.S. marshal and therefore the records were federal. A state court and a federal district court denied the ACLU’s requests for the records. Where was the president last week? President [Donald Trump]( was in Washington, D.C., and New York City, this week. On Tuesday, he spoke with Russian President Vladmir Putin over the phone. On Wednesday, he met with President Mahmoud Abbas, of the Palestinian Authority. On Thursday, Trump met with Australian Prime Minister Malcolm Turnbull in New York City. Federal Judiciary - 139 total federal judicial vacancies - 2 pending nominations - 21 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](