Playbook PM: 3 things SCOTUS did this morning

From: POLITICO Playbook - Friday Dec 10,2021 06:43 pm
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Playbook PM

By Garrett Ross and Zack Stanton

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LIKE A MISSING VERSE TO ‘CAT’S IN THE CRADLE’ — In the debate over taxing the rich, a powerful father and his son are duking it out in public on opposite sides of the issue. On the one side is ADAM WYDEN, the 37-year-old owner of ADW Capital Partners, “the kind of hedge fund that Democrats on the Senate Finance Committee would like to tax more heavily,” NYT’s Jonathan Weisman writes. Enter his father, RON WYDEN, who just so happens to chair that very committee. “‘The issue is bigger than my father. I’m not interested in discussing anything personal,’ [Adam Wyden] said in a brief phone call before declining to go further. … His father would like to avoid the subject all together. ‘He doesn’t talk to me about his business, and I don’t talk to him about mine,’ Senator Wyden, 72, said in an interview on Wednesday.”

SCOTUS’ BUSY FRIDAY — This morning, the Supreme Court did three big things:

1) It declined to strike down S.B. 8, the Texas law that allows private citizens to sue anyone they suspect of having aided in the attainment of an abortion after six weeks of pregnancy.

2) It opened the door for Texas abortion clinics to continue challenging the restrictive law, while deciding who abortion rights supporters can and cannot sue for relief. Can be sued: Some state licensing officials (an 8-1 vote). Cannot be sued: State judges (9-0), the Texas attorney general and state court clerks (5-4).

3) It rebuffed the Biden administration, turning aside an appeal by the Department of Justice that sought to block the Texas law.

Josh Gerstein and Alice Miranda Ollstein have the details: “Though the court’s conservative majority slammed the door on several legal avenues abortion clinics and doctors sought to use to nullify the statute, they said state courts could act to block the law, and federal courts may be able to limit some fallout from the statute, like the threat to doctors’ licenses. That may be enough to obtain definitive rulings on the constitutionality of the law in federal court and dissipate the chilling effect that has dramatically reduced the availability of abortion in the state.

“Chief Justice JOHN ROBERTS and the court’s three liberal justices partially dissented, saying the high court should have permitted the law’s opponents to seek to block it more directly by suing local court clerks who accept the privately filed suits.”

— From the majority ruling, by Justice NEIL GORSUCH: “In this preliminary posture, the ultimate merits question — whether S.B. 8 is consistent with the Federal Constitution — is not before the Court. Nor is the wisdom of S. B. 8 as a matter of public policy. … [T]he ‘chilling effect’ associated with a potentially unconstitutional law being ‘on the books’ is insufficient to ‘justify federal intervention’ in a pre-enforcement suit.”

— From Roberts’ dissent: “The clear purpose and actual effect of S.B. 8 has been to nullify this Court’s rulings. … Indeed, ‘[i]f the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery,’” he wrote, quoting the ruling in 1809’s United States v. Peters. “The nature of the federal right infringed does not matter; it is the role of the Supreme Court in our constitutional system that is at stake.”

— From Justice SONIA SOTOMAYOR’s dissent: “By foreclosing suit against state-court officials and the state attorney general, the Court effectively invites other States to refine S.B. 8’s model for nullifying federal rights. The Court thus betrays not only the citizens of Texas, but also our constitutional system of government. … This is a brazen challenge to our federal structure. It echoes the philosophy of JOHN C. CALHOUN , a virulent defender of the slaveholding South who insisted that States had the right to ‘veto’ or ‘nullif[y]’ any federal law with which they disagreed. … The Nation fought a Civil War over that proposition, but Calhoun’s theories were not extinguished. … [T]he Court leaves all manner of constitutional rights more vulnerable than ever before, to the great detriment of our Constitution and our Republic.”

— And that, from Sotomayor, prompted a rebuttal from Gorsuch: “That rhetoric bears no relation to reality. The truth is, many paths exist to vindicate the supremacy of federal law in this area. … Sotomayor’s suggestion that the Court’s ruling somehow ‘clears the way’ for the ‘nullification’ of federal law along the lines of what happened in the Jim Crow South not only wildly mischaracterizes the impact of today’s decision, it cheapens the gravity of past wrongs.”

INFLATION HITS HISTORIC LEVELS — As we predicted this morning, President JOE BIDEN received pretty sour news today: a new consumer price index report showing that inflation rates spiked again in November.

“Costs for key goods and services soared 0.8 percent for the month and 6.8 percent for the year, the highest since 1982, the Labor Department reported Friday,” our own Ben White writes in his breakdown of the new numbers. “Prices for everything from food to automobiles have been surging as blistering demand from cash-rich consumers in a growing economy overwhelms a supply chain plagued by a lack of available workers.”

— That comes as inflation has overtaken the pandemic as voters’ number-one issue, according to a new CNBC poll . “Biden’s overall approval rating stabilized at a low level of 41%, about the same level as former President DONALD TRUMP’s, compared to 50% who disapprove,” writes CNBC’s Steve Liesman. “But Biden’s approval rating on handling the economy and dealing with the coronavirus both declined. At 46% approval to 48% disapproval, Biden’s approval rating on the coronavirus is now underwater for the first time. His economic approval sank more deeply underwater, with 37% approving compared to 56% who disapprove, down from 40% approval to 54% in the second quarter survey.”

— Biden isn’t the only Democrat getting hit over soaring inflation. Burgess Everett reports that “One Nation, a GOP group, is launching roughly $4.3 million in new ads aimed at a trio of incumbent Democratic senators: CATHERINE CORTEZ MASTO of Nevada, MARK KELLY of Arizona and MAGGIE HASSAN of New Hampshire, according to a person familiar with the effort. The three ads, which begin airing on Friday, declare inflation is ‘killing us’ and direct viewers to lean on the senators to oppose the forthcoming $1.7 trillion legislation.”

— And that might affect Biden’s entire agenda. As Ben notes, the political concern about the issue, plus the ugly new CPI numbers “could embolden conservative Democrats such as Sen. JOE MANCHIN of West Virginia to oppose the president’s $1.7 trillion Build Back Better package, which the party hopes will clear the Senate by Christmas.”

Biden, perhaps anticipating this tension, issued a statement that focused on likely improvements that have been made since the data was collected. “For anyone who, like me, is concerned about costs facing American families, passing BBB is the most immediate and direct step we can take to deliver,” Biden said. Speaking of which…

TODAY’S OTHER BIG REPORT — The Congressional Budget Office also released a score of the fiscal impacts of BBB, assuming its programs are funded for a decade. The big takeaway, via CNBC’s @ylanmui: “CBO finds BBB would add $3T to [the] deficit over the next decade if made permanent. Biggest driver is extending the enhanced child tax credit, which currently expires after one year.”

DOLE’S MEMORIAL SERVICE — Biden, eulogizing BOB DOLE this morning at the National Cathedral: “Bob was taking his final journey. He's sitting back now, watching us. Now it's our job to start standing up for what's right for America. I salute you my friend, your nation salutes you.” The full service, via C-SPANHere’s a shot of some of the congressional members who attended. (Most — but not all — are masked.)

Good Friday afternoon.

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THE WHITE HOUSE

HEADS UP — DEBRA TICE, the mother of AUSTIN TICE, who was abducted in Syria in 2012, will meet with national security adviser JAKE SULLIVAN at the White House today “to discuss a proposal she believes could bring her son home,” Axios’ Zachary Basu reports.

CONGRESS

CAPITOL ARREST UPDATE — The U.S. Capitol Police have issued an update to the arrest made yesterday when a staffer brought a firearm into the Capitol complex, upping the number of charges to four, Nicholas Wu reports. “They say it took four minutes to lock the building down and then about eight minutes until the suspect was stopped by officers.” Anthony Adragna notes: “Keep in mind: This was mere minutes before President JOE BIDEN — and all senior political leaders in the country — arrived on Capitol Hill for Bob Dole's service.”

THE PANDEMIC

K STREET FILES — Stymied by their standing in the world and the labyrinth of navigating global vaccine distribution, some foreign governments are tapping their K Street connections to get a boost, Hailey Fuchs reports.

DISINFO DIGEST — With each new Covid-19 variant comes a new strain of disinformation, and Omicron has been no different, WaPo’s Gerrit De Vynck writes . “Making matters worse, nearly two years into the pandemic many people are feeling fatigued. They may be even more susceptible to believing fake information about the coronavirus after the seemingly endless cycles of travel bans, lockdowns and the need for more vaccines and booster shots, according to researchers who study how misinformation spreads online.”

 

JOIN TUESDAY FOR A WOMEN RULE 2021 REWIND AND A LOOK AHEAD AT 2022: Congress is sprinting to get through a lengthy and challenging legislative to-do list before the end of the year that has major implications for women’s rights. Join Women Rule editor Elizabeth Ralph and POLITICO journalists Laura Barrón-López, Eleanor Mueller, Elena Schneider and Elana Schor for a virtual roundtable that will explore the biggest legislative and policy shifts in 2021 affecting women and what lies ahead in 2022. REGISTER HERE.

 
 

POLICY CORNER

DRUG PRICING DUEL — Democrats and Republicans released two separate reports on what can be done about high prescription drug prices — a surefire sign that both parties expect that the issue will remain salient in next year’s midterms. “Democrats on the House Oversight Committee rolled out the results of a three-year investigation of drugmaker business practices that details over 270 pages how manufacturers target the U.S. market for price hikes, game the patent system to maintain monopolies and beat back competition from generics,” Alice Miranda Ollstein and Megan Wilson report . “The committee’s Republicans, led by Ranking Member JAMES COMER (R-Ky.), offered their own take, focusing on the role of pharmacy benefit managers who negotiate drug prices for employer-sponsored health plans.”

ALL POLITICS

‘TRUMP-HATER’ VS. ‘WASHINGTON INSIDER’ — Those are the labels being thrown around for former Gov. PAT MCCRORY and former Rep. TED BUDD, two Republicans running in a primary to replace retiring N.C. Sen. RICHARD BURR. Trump has also dived his hands into the race: He’s endorsed Budd but recently promised MARK WALKER, who is also running, an endorsement in another district. “Walker’s deliberations aren’t the only thing hanging over the primary,” Elena Schneider and Natalie Allison report. “The contest’s negative turn, heralded by the wave of new ads this week solely targeting McCrory, could leave the eventual GOP nominee bloodied and cash-poor ahead of the general election in a state Trump narrowly won twice.”

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 

TRUMP CARDS

SCOOP — In the weeks before the Jan. 6 Capitol attack, a campaign lawyer for Trump wrote two legal memos “that claimed then-Vice President MIKE PENCE had the authority to refuse to count presidential electors from states that delivered Joe Biden the White House,” Betsy Woodruff Swan and Kyle Cheney report. “The memos from then-Trump lawyer JENNA ELLIS, which contain widely disputed legal theories about Pence’s ability to stop a Biden presidency, underscore Ellis’ promotion of extreme arguments that she promulgated amid Trump's effort to reverse the election results. Her actions have remained largely below the radar as House investigators probe Trump’s inner circle.”

TRUMP SAYS ‘F U’ TO BIBI — Trump teed off on former Israeli PM BENJAMIN NETANYAHU over his congratulatory message to Biden after the 2020 election in an interview with journalist Barak Ravid for his new book, “Trump’s peace: The Abraham Accords and the Reshaping of the Middle East.” “The first person that congratulated [Biden] was Bibi Netanyahu, the man that I did more for than any other person I dealt with. ... Bibi could have stayed quiet. He has made a terrible mistake,” Trump reportedly said, according to Ravid . “Netanyahu was far from the first world leader to congratulate Biden. In fact, he waited more than 12 hours after the U.S. networks called the election. But Trump claimed he was shocked when his wife Melania shared Netanyahu's video with him: ‘He was very early — like, earlier than most. I haven’t spoken to him since. F**k him.’”

BLAME GAME — This Reuters story has everything: Trump, KANYE WEST, bogus claims of voter fraud and the lengths to which Trump-aligned allies went to influence the 2020 election. “Weeks after the 2020 election, a Chicago publicist for hip-hop artist Kanye West traveled to the suburban home of RUBY FREEMAN, a frightened Georgia election worker who was facing death threats after being falsely accused by former President Donald Trump of manipulating votes. The publicist knocked on the door and offered to help,” Jason Szep and Linda So write in Atlanta. “The visitor, TREVIAN KUTTI, gave her name but didn’t say she worked for West, a longtime billionaire friend of Trump. She said she was sent by a ‘high-profile individual,’ whom she didn’t identify, to give Freeman an urgent message: confess to Trump’s voter-fraud allegations, or people would come to her home in 48 hours, and she’d go to jail. Freeman refused.”

PLAYBOOKERS

MEDIA MOVE — JC Whittington is now a video producer at POLITICO. She previously was a multi-platform video journalist for WUSA9.

TRANSITION — Skylaur Morris is joining the German Marshall Fund as a digital marketing strategist. He previously was a senior marketing and comms manager at the Armed Forces Benefit Association.

 

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