Tagveto

Biden vetoes congressional resolution that sought to nullify D.C. policing law

By Ellen Morrissey
In Federal
May 26, 2023 at 3:01 PM

On May 25, 2023, President Joe Biden (D) vetoed H.J.Res.42 – Disapproving the action of the District of Columbia Council in approving the Comprehensive Policing and Justice Reform Amendment Act of 2022. This was the fourth veto of his presidency.

H.J.Res.42 was a joint resolution of disapproval under the terms of the District of Columbia Self-Government and Governmental Reorganization Act, also known as the Home Rule Act, which allows Congress to nullify D.C. laws within a certain review period. The D.C. law this resolution sought to nullify was the Comprehensive Policing and Justice Reform Amendment Act of 2022, which “[set] forth a variety of measures that focus on policing in the District, including measures prohibiting the use of certain neck restraints by law enforcement officers, requiring additional procedures related to body-worn cameras, and expanding access to police disciplinary records.”

In his veto message, Biden said, “While I do not support every provision of the Comprehensive Policing and Justice Reform Amendment Act of 2022, this resolution from congressional Republicans would overturn commonsense police reforms such as: banning chokeholds; setting important restrictions on use of force and deadly force; improving access to body-worn camera recordings; and requiring officer training on de-escalation and use of force. The Congress should respect the District of Columbia’s right to pass measures that improve public safety and public trust.”

Sen. J.D. Vance (R-Ohio), who discharged the resolution on the Senate floor, argued in favor of passing the resolution, saying, “Congress must exert our constitutional authority to keep our nation’s capital safe. It’s a disgrace that the capital of the most powerful nation on earth has become so dangerous, but this sad reality is exactly what we should expect when far-left activists are calling the shots.” After Biden vetoed the resolution, Vance said, “With today’s veto, President Biden rejected a bipartisan and commonsense effort to make our nation’s capital safer.”

Overriding a presidential veto requires a two-thirds majority vote in both chambers of Congress. The House of Representatives and Senate both passed the resolution by a simple majority.

The House of Representatives voted 229-189 to approve the resolution on April 19, 2023, with 14 Democrats and 215 Republicans voting in favor. The Senate voted 56-43 to approve the resolution on May 16, with six Democrats, one Independent who caucuses with Democrats, Sen. Angus King (I-Maine), and 48 Republicans voting in favor. Rep. Andrew Clyde (R-Ga.) introduced the resolution on March 9.

This was the second Home Rule Act resolution related to D.C. criminal law to make it to Biden’s desk during the 118th Congress. The first was H.J.Res.26, which sought to nullify a D.C. law that would make “a variety of changes to DC criminal laws, including by providing statutory definitions for various elements of criminal offenses, modifying sentencing guidelines and penalties, and expanding the right to a jury trial for certain misdemeanor crimes.” Biden signed the resolution into law on March 20, 2023, marking the fourth time the federal government had nullified a D.C. law under the terms of the Home Rule Act since its passage in 1973.

President Ronald Reagan (R) issued the most vetoes (87) of all presidents since 1981. Biden, with four vetoes, has issued the fewest. President Donald Trump (R) issued the second-fewest vetoes (10) within this timeframe.

Presidents have issued 2,586 vetoes in American history. Congress has overridden 112. President Franklin D. Roosevelt vetoed 635 bills, the most of any president. Presidents John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield did not issue any vetoes.

Additional reading:

  1. U.S. presidents: Vetoed legislation
  2. Joe Biden presidential administration
  3. Home rule in Washington, D.C.


Biden issues third veto of his presidency to maintain suspension of solar panel import tariffs

By Ellen Morrissey
In Federal
May 17, 2023 at 4:39 PM

President Joe Biden (D) vetoed the third bill of his presidency on May 16, 2023. Biden vetoed H.J.Res.39, a joint resolution of disapproval under the terms of the Congressional Review Act (CRA) that sought to void a Department of Commerce rule suspending some tariffs on solar panel imports.

In his veto message, Biden said, “I vetoed H.J. Res. 39 because we cannot afford to create new uncertainty for American businesses and workers in the solar industry. We can and must strengthen our energy security by maintaining our focus on expanding U.S. capacity that is ready to come on line as this temporary bridge concludes in June 2024.”

Overriding a presidential veto requires a two-thirds majority vote in both chambers of Congress. The House of Representatives and Senate both passed the resolution by a simple majority.

The House of Representatives voted 221-202 to approve the resolution on April 28. The Senate voted 56-41 to approve the resolution on May 3. Rep. Bill Posey (R-Fla.) introduced the resolution on March 7.

President Ronald Reagan (R) issued the most vetoes (87) of all presidents since 1981. Biden, with three vetoes, has issued the fewest. President Donald Trump (R) issued the second-fewest vetoes (9) within this timeframe.

Presidents have issued 2,586 vetoes in American history. Congress has overridden 112. President Franklin D. Roosevelt vetoed 635 bills, the most of any president. Presidents John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield did not issue any vetoes.

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North Dakota Senate sustains Gov. Burgum’s (R) veto of HB1273

By Joseph Greaney
In State
April 20, 2023 at 2:13 PM

The North Dakota State Senate voted to sustain Gov. Doug Burgum’s (R) veto of HB1273 on April 19, 2023. The bill would have prohibited the use of approval or ranked-choice voting methods in the state. Twenty-eight Senators voted to override the veto while 19 voted to sustain. In the North Dakota Senate, a two-thirds majority of the 47 member chamber is required to override a veto. The North Dakota House of Representatives previously voted 71 to 17 to override the veto on April 10, 2023.

The bill banning approval or ranked-choice voting originally advanced out of the North Dakota Legislature on March 30, 2023, after a 30 to 13 vote for passage in the state Senate. Gov. Burgum then vetoed the bill on April 6, calling the bill an example of state overreach and saying it “blatantly infringes on local control.” North Dakota House Majority Leader Mike Lefor (R) said of the effort to override Gov. Burgum’s veto: “The legislature properly exercised its authority to regulate the way elections are conducted… It’s a matter of statewide concern.”

North Dakota would have become the fifth state to enact bans on ranked-choice voting methods had the veto override been successful. Both Idaho and South Dakota enacted prohibitions this year, joining Florida and Tennessee who did so in 2022. Several other states are considering similar legislation in 2023 legislative sessions.



North Dakota House passes veto override on ranked-choice voting prohibition

By Joseph Greaney
In State
April 13, 2023 at 12:06 PM

The North Dakota House of Representatives voted on April 10, 2023, to override Gov. Doug Burgum’s (R) veto of HB1273. The bill would ban the use of ranked-choice and approval voting methods in the state. Ranked-choice voting is an electoral system in which voters rank candidates by preference on their ballots. Approval voting allows voters to vote for all the candidates the voter approves of, and the candidates receiving the most votes are elected until all necessary seats are filled in the race.

Gov. Burgum vetoed the legislation on April 6, 2023, calling the bill an example of state overreach and saying it “blatantly infringes on local control.” Currently, one municipality in the state, Fargo, utilizes a voting method that the bill would prohibit. North Dakota House Majority Leader Mike Lefor (R) said of the effort to override Gov. Burgum’s veto: “The legislature properly exercised its authority to regulate the way elections are conducted… It’s a matter of statewide concern.”

The state House voted 71-17 to override Burgum’s veto. A two-thirds majority in the state Senate is required to override the veto and enact the legislation. North Dakota is a Republican trifecta, meaning that Republicans control both chambers of the legislature and the governorship. In the state House, Republicans hold 82 of 94 seats, while in the Senate they hold 43 of 47 seats.

North Dakota is one of several states considering prohibitions on using ranked-choice and other similar multiple-round or tabulated voting methods. Florida and Tennessee became the first states in the country to enact such bans in 2022, followed by South Dakota and Idaho, who have done so in 2023 legislative sessions. Similar bills in three other states have passed at least one chamber of their state’s legislature this year, Arizona’s HB2552, Montana’s HB598, and Texas’ SB92.

Additional reading:

Election administration in North Dakota

More ranked-choice voting bans considered in 2023 legislative sessions than previous years



Biden issues second veto of his presidency on Clean Water Act regulation

By Ellen Morrissey
In Federal
April 10, 2023 at 11:13 AM

President Joe Biden (D) vetoed the second bill of his presidency on April 6, 2023. Biden vetoed H.J.Res.27, a joint resolution of disapproval under the terms of the Congressional Review Act (CRA) that sought to void an Environmental Protection Agency and Army Corps of Engineers rule from 2023 that specified “which bodies of water fall under the scope of the Clean Water Act and are thereby under federal jurisdiction and protected.”

In his veto message, Biden said, “The resolution would leave Americans without a clear definition of ‘Waters of the United States’. The increased uncertainty caused by H.J. Res. 27 would threaten economic growth, including for agriculture, local economies, and downstream communities. […] The resolution would also negatively affect tens of millions of United States households that depend on healthy wetlands and streams.”

Overriding a presidential veto requires a two-thirds majority vote in both chambers of Congress. The House of Representatives and Senate both initially passed the resolution by a simple majority.

The House of Representatives voted 227-198 to approve the resolution on March 9, 2023. The Senate voted 53-43 to approve the resolution on March 29. Rep. Sam Graves (R-Mo.) introduced the resolution on Feb. 2.

President Ronald Reagan (R) issued the most vetoes (87) of all presidents since 1981. Biden, with two vetoes, has issued the fewest. President Donald Trump (R) issued the second-fewest vetoes (9) within this timeframe.

Presidents have issued 2,586 vetoes in American history. Congress has overridden 112. President Franklin D. Roosevelt vetoed 635 bills, the most of any president. Presidents John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield did not issue any vetoes.

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Biden issues first veto of his presidency to uphold rule allowing for environmental, social, and corporate governance (ESG) in retirement investing

By Ellen Morrissey
In Federal
March 22, 2023 at 10:30 AM
Photo of the White House in Washington, D.C.

President Joe Biden (D) vetoed the first legislation of his presidency on March 20, 2023. Biden vetoed H. J. Res. 30, a joint resolution of disapproval under the terms of the Congressional Review Act (CRA) that sought to void a Department of Labor rule amending the Employee Retirement Income Security Act of 1974 (ERISA) to allow retirement plans to consider certain environmental, social, and corporate governance (ESG) factors in investment-related decisions. 

The CRA creates a review period during which Congress, by passing a joint resolution of disapproval later signed by the president, can overturn a new federal agency rule and block the issuing agency from creating a similar rule.

The ESG investment approach involves considering the extent to which corporations conform to certain environmental, social, and corporate governance standards (such as net carbon emission or corporate board diversity goals) and avoiding investments in or otherwise withholding funding from companies that do not meet the standard.

In his veto message, Biden said that the Department of Labor rule protected retirement savings and pensions: “There is extensive evidence showing that environmental, social, and governance factors can have a material impact on markets, industries, and businesses. But the Republican-led resolution would force retirement managers to ignore these relevant risk factors, disregarding the principles of free markets and jeopardizing the life savings of working families and retirees.”

The House of Representatives approved the resolution 216-204 on Feb. 28, 2023, with 215 Republicans and one Democrat, Rep. Jared Golden (D-Maine), voting yes. The Senate approved it 50-46 on March 1, with 48 Republicans and two Democrats, Sens. Joe Manchin (D-W.V.) and Jon Tester (D-Mont.), voting yes. Rep. Andy Barr (R-Ky.) introduced the resolution on Feb. 7 with the full title “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to ‘Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights'”.

Congress may override a presidential veto with a two-thirds majority vote in both chambers. 

Presidents have issued 2,585 vetoes in American history, and Congress has overridden 112. President Franklin D. Roosevelt vetoed 635 bills, the most of any president. Presidents John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield did not issue any vetoes.

Dating back to 1981, President Ronald Reagan (R) issued the most vetoes with 87. Biden has issued the fewest, followed by President Donald Trump (R) with nine. 

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