CategoryFederal

U.S. House passes the Federal Register Modernization Act

The U.S. House passed a bill that would change printing requirements for the Federal Register. The Federal Register is a legal newspaper published every federal business day by the National Archives and Records Administration (NARA) and the Government Publishing Office (GPO). The Federal Register lists new administrative agency rules and regulations in addition to policy statements and interpretations of existing rules. It also contains presidential documents (such as executive orders) and notices for public hearings, grant applications, and administrative orders.
 
The Federal Register Modernization Act passed the House by a 426 to one vote on March 12, 2019. The bill requires that the Federal Register be published, but not necessarily in print form with duplicate copies of each particular document. In times when the GPO cannot print the Federal Register as usual, the bill allows it to publish the Federal Register on a website. The bill also requires a time stamp for each document in the Federal Register showing when the GPO made them available for public inspection.


President Trump issues first veto of presidency

President Trump issued the first veto of his presidency Friday when he blocked Congress’ resolution of disapproval of his declaration of a national emergency at the U.S.-Mexico border. Trump declared the national emergency on February 15 after Congress did not meet his request for border wall funding in a government funding deal.
 
The resolution of disapproval passed the House February 26 in a 245-182 vote. All 232 Democrats who voted and 13 Republicans supported the resolution, while 182 Republicans opposed it. The resolution passed the Senate March 14 in a 59-41 vote. All 47 Democrats and 12 Republicans supported the resolution, and 41 Republicans opposed it.
 
The Constitution allows Congress to override presidential vetoes with a two-thirds vote in each chamber. If all members participate, the House would need 290 votes and the Senate would need 67 votes to override Trump’s veto.
 
Trump’s veto was the 2,575th in U.S. history. Of those vetoes, 111 have been overridden by Congress.
 
The two previous presidents—George W. Bush (R) and Barack Obama (D)—issued 12 vetoes each. President Franklin Roosevelt had the most vetoes with 635. Seven presidents–John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield–did not issue any vetoes.


Federal Register weekly update; lowest weekly page total since January

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity.
 
During the week of March 11 to March 15, the number of pages in the Federal Register increased by 1,104 pages, bringing the year-to-date total to 9,692 pages. A total of 596 documents were included in the week’s Federal Register, including 494 notices, three presidential documents, 30 proposed rules, and 69 final rules.
 
One final rule was deemed significant under E.O. 12866—meaning that it may have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules.
 
During the same week in 2018, the number of pages in the Federal Register increased by 1,292 pages. As of March 15, the 2019 total trailed the 2018 total by 2,152 pages.
 
The Trump administration has added an average of 881 pages to the Federal Register each week in 2019 as of March 15. In 2018, the Trump administration added an average of 1,301 pages to the Federal Register each week. Over the course of the Obama administration, the Federal Register increased by an average of 1,658 pages per week.
 
According to government data, the Federal Register hit an all-time high of 95,894 pages in 2016.
 
Click here to find more information about weekly additions to the Federal Register in 2018 and 2017.
 
Click here to find yearly information about additions to the Federal Register from 1936 to 2016.
 
Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.


U.S. Senate confirms Rao to D.C. Circuit

The U.S. Senate voted 53-46 on March 13 to confirm Office of Information and Regulatory Affairs (OIRA) Administrator Neomi Rao to replace Brett Kavanaugh on the United States Court of Appeals for the District of Columbia Circuit. All Republican senators voted in favor of Rao while all Democratic senators opposed her confirmation.

President Trump nominated Rao to the D.C. Circuit seat, which was vacated by Brett Kavanaugh following his confirmation to the United States Supreme Court, on November 13, 2018. Prior to joining the Trump administration as the administrator of OIRA in July 2017, Rao worked as an associate professor of law at George Mason University’s Antonin Scalia Law School, where she founded the Center for the Study of the Administrative State. She also served as counsel to the United States Senate Committee on the Judiciary under U.S. Senator Orrin Hatch (R), as a law clerk for Supreme Court Justice Clarence Thomas, and as a special assistant and associate counsel to former President George W. Bush (R).



DOJ asks SCOTUS to consider constitutional claim against census citizenship question

The U.S. Department of Justice (DOJ) requested on March 11 that the U.S. Supreme Court weigh in on Judge Richard Seeborg’s constitutional claim challenging the addition of a citizenship question on the U.S. Census when it hears Department of Commerce v. New York in April 2019. Seeborg’s ruling was the second decision by a federal judge since January challenging the addition of the citizenship question, which asks, “Is this person a citizen of the United States?”

Seeborg issued a ruling in State of California v. Ross on March 6, 2019, holding that Commerce Secretary Wilbur Ross’ addition of a citizenship question on the 2020 census was, in his view, unconstitutional and a violation of the Administrative Procedure Act (APA). Seeborg ruled that the question was unconstitutional because it prevented the federal government from carrying out its duty under the U.S. Constitution’s Enumeration Clause to count every person living in the United States every 10 years, which could distort the proper apportionment of congressional representatives. He also held that the question violated the APA because he interpreted the administrative record in the case as being contrary to law.

Seeborg’s ruling follows Judge Jesse Furman’s decision in January 2019 holding that the citizenship question violated the APA by failing to follow proper procedure. Though plaintiffs in the case had also argued that Ross violated the equal protection component of the U.S. Constitution’s Due Process Clause, Furman held that the due process claims fell short because the administrative record in the case did not demonstrate discrimination as a motivating factor for Ross’ decision. The U.S. Supreme Court announced in February that it would hear Furman’s case—Department of Commerce v. New York—in April 2019.

Solicitor General Noel Francisco sent a letter to the U.S. Supreme Court on March 11, 2019, asking the court to also consider Seeborg’s constitutional claims when they hear Department of Commerce v. New York. “In light of that finding, only if the Court addresses respondents’ Enumeration Clause claim can its decision definitively resolve whether the Secretary may reinstate a question about citizenship to the 2020 decennial census,” said Francisco. He continued, “In the alternative, if the Court has any concerns about addressing respondents’ Enumeration Clause claim in this case, it should grant the government’s petition in the California case and consolidate that case with this one for oral argument.”

Two additional lawsuits claiming that the citizenship question discriminates against immigrant and minority communities are pending before Judge George Hazel of the United States District Court for the District of Maryland. Hazel heard closing arguments in February.



Senate confirms second circuit court nominee without approval from home-state senators

On March 12, the U.S. Senate confirmed Paul Matey to the U.S. Court of Appeals for the 3rd Circuit on a vote of 54-45. President Trump nominated Matey to the court on April 12, 2018. Sen. Joe Manchin (D-W.V. ) was the only Democratic senator to vote in favor of the confirmation.

Matey will join the court upon receiving his judicial commission and taking his judicial oath. Once he joins the court, Matey’s confirmation will result in a 7-6 Republican-appointed majority on the 3rd Circuit. Before Matey’s confirmation, the court had six judges appointed by Democratic presidents, six judges appointed by Republican presidents, and two vacant seats.

As of March 2019, no other circuit courts would change partisan balance based on an appointing president’s party, but Trump’s nominees could impact two courts by nearing the number of Republican-appointed judges to the number of Democratic-approved judges. The U.S. Court of Appeals for the 2nd Circuit, which has two current vacancies and two pending nominations, currently has a 7-4 Democratic-appointed majority. Should the Senate confirm the two nominees, the court’s balance would shift to a 7-6 Democratic-appointed majority. Similarly, the U.S. Court of Appeals for the 9th Circuit has five vacancies and five pending nominations. The court has a 16-8 Democratic-appointed majority.

Matey was the second circuit court judge confirmed without blue slip approval from home-state senators. Eric Miller was the first circuit court judge confirmed without support from both home-state senators. A blue slip is a piece of paper a home-state senator returns to the Senate Judiciary Committee chair to express support for a federal judicial nominee. Judiciary Committee Chairman Lindsey Graham (R-S.C.) decided not to require blue slip approval for federal judicial nominees to the U.S. circuit courts of appeals.

Home-state Sens. Cory Booker and Bob Menendez, both Democrats representing New Jersey, said the White House did not consult them before nominating Matey. Booker, who is a member of the Senate Judiciary Committee, said the confirmation without blue slip approval “goes right to the ability of any senator in this body to truly represent their state.” Menendez expressed concern for Matey’s record and his role in the administration of New Jersey Governor Chris Christie (R).

Senate Judiciary Committee Chairman Lindsey Graham (R-S.C.) said Democrats were responsible for changing the blue slip process, referring to changes Democratic senators introduced in 2013. “The day that you dealt yourself out as a minority to have a say about who gets on the court was the day that everything changed,” he said. He also stated that senators from one state should not be able to block circuit court nominees, since circuit courts serve multiple states.



More than 600 candidates have filed to run for president

More than 600 candidates have filed with the Federal Election Commission to run for president in 2020. Democrats outpace Republicans by more than 2:1.
 
While there are 14 notable Democratic candidates already in the race, the field has not yet settled with announcements still expected from former Vice President Joe Biden (R) and former Rep. Beto O’Rourke (D-Texas).
 
Biden, who was born and raised in Scranton, Pennsylvania, is reportedly considering placing his headquarters in Philadelphia or Delaware. He also has several top operatives committed to his campaign, including Obama alum Pete Kavanaugh, former vice presidential aide Kenny D. Thompson Jr., and Latino Victory Fund President and Clinton alum Cristobal Alex.
 
O’Rourke said two weeks ago that he had made a decision about a presidential run but has not yet made any formal announcements. The former Texas representative is traveling to Iowa this weekend and has reportedly recruited to his team Norm Sterzenbach, a top Iowa political consultant behind the organization of the state’s 2020 caucuses.
 
Democrats now have the location for their nominating convention. The Democratic National Committee announced Monday that it had selected Milwaukee over Houston and Miami as the host city for the 2020 Democratic National Convention. It will be held July 13-16, 2020.
 
“The Democratic Party has again become an every ZIP code party. We’re listening to people in every corner of the country,” DNC Chairman Tom Perez said.
 
The host city for the Republican National Convention—Charlotte, North Carolina—was decided last year. The convention will be held a month after the Democrats’ from August 24-27, 2020.


Twenty-six file to run in North Carolina’s 3rd Congressional District special election

Twenty-six candidates filed to run in the special election to fill North Carolina’s vacant 3rd Congressional District seat. The candidates include six Democrats, 17 Republicans, one Constitution Party candidate, and two Libertarians. The vacancy occurred when former Rep. Walter Jones (R) died on February 10. Jones had held the seat since 1995.

Primaries are scheduled for April 30, and primary runoffs are scheduled for July 9. The general election will be held September 10. However, if no primary runoffs are needed, the general election date will be moved up to July 9. The filing deadline was March 8.

Republicans currently hold eight of the state’s 13 U.S. House seats and both of its U.S. Senate seats. Democrats hold three U.S. House seats, and two seats are vacant. Entering the 2019 special election, the U.S. House has 235 Democrats and 198 Republicans. A majority in the chamber requires 218 seats.



Manafort sentenced to almost 4 years in bank fraud case

Former Trump campaign chairman Paul Manafort was sentenced to 47 months in prison in what was the first of two rounds of sentencing. He was convicted last year of five counts of tax fraud, two counts of bank fraud, and one count of failure to disclose a foreign bank account. Manafort’s convictions did not relate to his involvement in the 2016 presidential campaign.
 
After his conviction in September 2018, Manafort pleaded guilty to one count of conspiracy against the United States and one count of conspiracy to obstruct justice by witness tampering, and he agreed to cooperate with special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election. Manafort also agreed to forfeit several of his properties and money in several of his bank accounts. The crimes Manafort pleaded guilty to did not relate to his involvement in the 2016 presidential campaign.


Senate Judiciary Committee advances Rao’s nomination to D.C. Circuit

The Senate Judiciary Committee voted 12-10 in a party-line vote on February 28 to advance OIRA Administrator Neomi Rao’s nomination to replace Brett Kavanaugh on the United States Court of Appeals for the District of Columbia Circuit.
 
The vote took place less than a week after Senate Judiciary Committee member Josh Hawley (R-Mo.) raised concerns about his reading of Rao’s academic writings that he claimed favor substantive due process—a legal interpretation that aims to safeguard general rights not specifically named in the U.S. Constitution. Hawley and other lawmakers who oppose abortion criticize substantive due process because it has been applied to advance abortion cases, including Roe v. Wade, through federal courts.
 
President Trump nominated Rao to the D.C. Circuit seat, which was vacated by Brett Kavanaugh following his confirmation to the United States Supreme Court, on November 13, 2018. Prior to joining the Trump administration as the administrator of OIRA in July 2017, Rao worked as an associate professor of law at George Mason University’s Antonin Scalia Law School, where she founded the Center for the Study of the Administrative State. She also served as counsel to the United States Senate Committee on the Judiciary under U.S. Senator Orrin Hatch (R), as a law clerk for Supreme Court Justice Clarence Thomas, and as a special assistant and associate counsel to former President George W. Bush (R).