SCOTUS Hears DACA Today

Posted on November 12, 2019November 12, 2019

The Supreme Court of the United States (SCOTUS) will hear oral arguments for Department of Homeland Security v. Regents of the University of California (18-587). Consolidated with similar cases, the Court will hear arguments related to the Administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program. Considered one of the major cases of this term, the arguments before the justices will concern two key issues;

Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and
Whether DHS’s decision to wind down the DACA policy is lawful.

While the Court will hear arguments today, a decision is not expected until the Spring of 2020. To hear the oral arguments, SCOTUS posts the audio file each Friday following the arguments. The audio may be accessed here.

For a deep dive round up of how the case might be argued and rule, the SCOTUS blog has a round up here.

Federal Relations is monitoring the progress of the case and the federal responses on DACA closely and will continue to provide updates.

A Primer on Impeachment

Posted on October 11, 2019October 25, 2019

In late September, Speaker of the House, Congresswoman Nancy Pelosi (D-CA), announced a formal impeachment inquiry into President Donald Trump. Impeachment is when a legislative body levels charges against a government official. Similar to an indictment, it is the first step in the process of removing a government official from office because they have committed particularly offensive crimes, such as treason or bribery.

President Trump is accused of trying to solicit personal favors by threatening to withhold foreign aid to Ukraine. This was brought to attention through a whistleblower complaint from an Intelligence Community employee.

Only two previous Presidents have ever been impeached. President Andrew Johnson was impeached in 1868, but was acquitted in the Senate. President Bill Clinton was impeached in 1998, and was also acquitted in the Senate. Articles of impeachment were approved against President Richard Nixon in 1974 following the Watergate Scandal, although he resigned before the full House could vote to impeach him. No prior President has ever been removed from office as a direct result of impeachment.

The last government official to be impeached, found guilty, and removed from office was Judge G. Thomas Porteous Jr. Formerly a Judge in the US District Court for the Eastern District of Louisiana, Porteous was found guilty of perjury by the Senate in 2010 and was removed from office.

For Congress to impeach the President, here are the steps of impeachment, in a nutshell.

First, the House opens an inquiry. Power of impeachment rests with the House of Representatives, and is enshrined in Article II, Section II of the United States Constitution.
- One area of contention in this inquiry has been voting. Under statute, the House is not required to follow any specific procedure to conduct an impeachment inquiry. In the past, a vote in the committee was required to issue subpoenas. Now, as a result of rule changes which occurred 2015, Democratic Committee Chairpersons have unilateral subpoena power (as the majority party). A vote would give Republicans the potential to seek unilateral subpoena power for the Ranking Members of the Committees (Republicans), allowing them to call their own witnesses and potentially change the direction of the inquiry. Speaker Pelosi asserts that the House Committee Chairpersons have all the necessary tools to conduct an inquiry, making a vote redundant.
Next, various House committees investigate. The Committees may seek evidence through calling witnesses, issuing subpoenas, and reviewing records. They will determine whether impeachable offenses occurred. The current inquiry is centered in the House Intelligence Committee, due to the nature of the whistleblower complaint, however multiple committees, including the House Oversight and Government Reform and House Judiciary Committee, are involved in the investigation.
- In this inquiry, the White House has instructed the Department of State not to turn over evidence to House investigators, and has forbidden Department of State employees from testifying before the House. State Department employees are ultimately lead by President Trump, creating a sticky legal dilemma. The House Committees would have to initiate legal action in a federal court to obtain evidence.
Afterwards, the House Judiciary Committee reviews the findings. This is done after the various Committees have reviewed their evidence. The Judiciary Committee may recommend the entire House vote on articles of impeachment. To impeach a President, the entire House of Representatives must vote by simple majority. Voting is an involved process in and of itself, as the House must agree on voting method, when to vote, etc.
Impeaching a President doesn’t mean they are removed from office. The Senate must hold a trial overseen by the Chief Justice of the Supreme Court. The current Chief Justice is John Roberts. A trial can be lengthy because the Senate will need to establish procedures, review evidence, and actually agree to hold a vote. The President would then be removed if 2/3 of Senators vote in favor of removal. In this Congress, a 2/3 vote would require 12 Republican Senators, and all Democratic Senators, to vote in favor of impeachment.

Currently, the House and Senate are controlled by opposing parties. As a result, it is unlikely the Democratic-controlled House and Republican-controlled Senate would both reach the same conclusion. The inquiry has also become highly partisan, with each side accusing the other of corruption and abuse of power. However, not all evidence has been reviewed or made publicly available. As of October 8th, the White House is refusing to cooperate with the inquiry. It is unclear what will happen next, but it is important to keep in mind impeachment is an extremely difficult and lengthy process.

Edit: This post originally stated that President Richard Nixon was impeached. While the House Judiciary Committee approved three articles of impeachment, Nixon resigned before there was a vote in the House to adopt the articles. The post has been updated to reflect this.

Edit: This post originally stated that President Andrew Jackson was impeached instead of President Andrew Johnson.

CR Signed, Now What?

Posted on September 30, 2019

On Friday, President Trump signed the first continuing resolution of FY2020, buying everyone time until the end of November 21 to figure out the next steps in the appropriations process.

Fights over the border wall and abortion were going to be difficult enough to resolve; the new battles over impeachment will make the entire legislative process even more unpredictable. Although the majority of Congress left town last Friday on a two-week recess, those involved in impeachment will continue to work on their investigations.

Walking and Chewing Gum at the Same Time… For Now

Posted on September 26, 2019

While the Director of National Intelligence was testifying on the other side of the Capitol, the Senate Appropriations Committee took up five FY2020 appropriations bills today: Commerce-Justice-Science (CJS); Interior; Homeland Security; Legislative Branch; and State-Foreign Operations. We will provide details about the bills of greatest interest to UW as soon as they become available.

While the committee process moved forward, none of the 12 spending bills have been signed into law. The Senate passed the House-adopted CR earlier this afternoon 82-15, sending it to the President’s desk. While the White House has signaled that the President will sign it into law, thus keeping the government open through mid-November. However, with the recent political developments, what happens after this CR expires is anyone’s guess.

Adding More Fuel to the Fire

Posted on September 25, 2019September 25, 2019

As expected, three more Senate Appropriations subcommittees cleared their respective spending bills yesterday: Commerce-Justice-Science (CJS), Interior, and Homeland Security. As predicted, the markup of the Homeland Security bill proved to be the most controversial, as that bill contains $5 billion for the border wall sought by the President. Amendments to all three bills will be considered at the full committee markup, scheduled for tomorrow

While details about the measures will not be available until after the committee’s activities tomorrow, some initial information about the funding levels for a number of research agencies of interest to UW is available. For example, the Republican press release on the bill provides for the following:

National Aeronautics and Space Administration (NASA) – $22.75 billion for NASA, $1.25 billion above the FY2019 enacted level, reflecting the need to fund infrastructure for human spaceflight to support for the accelerated plan to return to the moon by 2024 while supporting NASA’s science, technology development, aeronautics, and education activities. Using the same account funding structure as in previous years, this includes:

$6.2 billion for Exploration, $1.2 billion above the FY2019 enacted level, to advance NASA’s human exploration program by providing $2.586 billion for the Space Launch System (SLS), $1.4 billion for the Orion crewed spacecraft to continue development of NASA’s next deep-space crewed capsule, $500 million for the proposed Lunar “Gateway,” and $744 million in funding for crewed lunar landers.
$6.9 billion for Science, equal to the FY2019 enacted amount, including $1.9 billion for Earth science, $2.6 billion for Planetary science, $1.2 billion for astrophysics, $423 million for the Webb telescope, and $735 million for Heliophysics.
$784 million for Aeronautics, which is $59 million above the FY2019 enacted level. The funding will allow for ongoing low sonic boom experimental plane development, as well as supporting research in unmanned aircraft safety and airspace integration, and advanced aircraft composite and materials research.
$112 million is provided for the NASA’s STEM Engagement education programs, which were proposed to be eliminated in the budget request. Within STEM Engagement, Space Grant is funded at $47 million, NASA’s Established Program to Stimulate Competitive Research (EPSCoR) is funded at $22 million, the Minority University Research and Education Project is funded at $33 million, and STEM Education and Accountability projects is funded at $10 million.
$1.076 billion is provided for Space Technology, $149 million above the FY2019 enacted level. Funding is included to advance projects in early stages of development that are expected to eventually demonstrate capabilities needed for future space exploration.

National Science Foundation (NSF) – $8.317 billion for NSF, $242 million above the FY2019 enacted level. Funding is provided for basic research across scientific disciplines to support the development of effective STEM programs.

The bill provides $249 million above the FY2019 level for research and $27 million above FY2019 level for education activities. These funds will allow NSF to provide more grants to highly competitive research projects and help provide opportunities to prepare the next generation of STEM leaders.
$190 million is provided for EPSCoR, an increase of $14 million above the FY2019 enacted level.

Meanwhile, the following information about NOAA comes from the Democratic side of the committee:

NOAA Research and Grants. The bill rejects the administration’s request to cut funding for climate, weather, and oceans research by 41 percent, and instead funds the National Oceanic and Atmospheric Administration’s (NOAA) research at $572 million. Additionally, the bill again rejects the proposal to eliminate successful NOAA programs like Sea Grant, Coastal Zone Management (CZM) grants, the National Ocean and Coastal Security Fund, and the National Estuarine Research Reserve System (NERRS). The Sea Grant program is funded at $75 million, $7 million above the fiscal year 2019 level, which yields $575 million in economic activity and supports 12,500 jobs and 1,300 American businesses. CZM grants are funded at $76.5 million, $1 million above the fiscal year 2019 level, and the National Ocean and Coastal Security Fund is funded at the fiscal year 2019 level of $30 million. Our coasts and Great Lakes contribute about $350 billion to the economy annually and these State-Federal partnerships support sustainable economic development and environmental restoration. The bill also provides a $19 million increase above the fiscal year 2019 level to implement the new Pacific Salmon Treaty.

Weather Satellites. This bill provides $755 million to continue construction of NOAA’s three new Polar Weather Satellites, equal to the fiscal year 2020 request. Polar satellites provide 85 percent of the data used to forecast the weather, and are a vital component of Americans’ personal, property, and economic security. One-third of U.S. GDP is affected by climate and weather, including farmers trying to protect livestock and crops, cities relying on energy from wind turbines and solar panels, and air travelers trying to get home safely and on time. Last year, the United States experienced 14 separate weather and climate disasters that cost more than $1 billion dollars each. These storms would have cost far more and posed even greater threats to human safety without sufficient warning. The bill also provides $304 million for NOAA’s Geostationary Operational Environmental Satellite (GOES) weather satellites, equal to the fiscal year 2020 request

NOAA Ships. The bill provides $75 million for a portion of a third NOAA ocean survey vessel. NOAA currently has 15 ships in its aging fleet, with one vessel coming offline unexpectedly earlier this year. Further, that number will dwindle to 8 vessels by 2028. The Committee has recently funded two additional vessels, but to maintain its current oceanographic capacity, NOAA needs to build not two but eight additional vessels in the next several years, as construction takes eight to ten years per ship. These vessels enable NOAA to map the ocean floor, support weather forecasts, conduct oceanographic and climate research, and improve ecosystem and fisheries management. The bill also provides $60 million to improve NOAA’s existing vessels’ state of good repair.

With respect to the Interior bill, the Democratic press release includes the following bit of information:

Cultural Programs.—The bill provides $157 million each to the National Endowments for the Arts and Humanities, an increase of $2 million more for each endowment than the fiscal year 2019 enacted level, rejecting the Administration’s proposal to terminate these programs. The bill provides $1.047 billion for the Smithsonian Institution, $4.1 million above fiscal year 2019 and $69.3 million above the President’s budget request. Funding for the National Gallery of Art is increased to $172.2 million, and funding for the John F. Kennedy Center for the Performing Arts increases to $43.29 million.

At the same time, the Republican press release includes the following information about the U.S. Geological Survey:

U.S. Geological Survey (USGS) – $1.2 billion for the USGS, an increase of $49 million above the FY2019 enacted level. Within this amount, there are important program increases for energy and mineral resources, natural hazards, water resources, and deferred maintenance and capital improvement projects.

As noted before, there already was a significant amount of disagreement before yesterday afternoon between the two sides on how to move forward with respect to appropriations because of differences on a host of issues, not the least of which was the border wall. The House Democrats’ inquiry into possibly impeaching the President could add another wrinkle to not only the appropriations process but to governing as a whole.

After the announcement by Speaker Nancy Pelosi (D-CA) yesterday afternoon about the inquiry, the White House agreed to release the transcript of the call between President Trump and the Ukrainian president. It was released earlier today.

How much more fuel will be added to the political fire? Can the various actors walk and chew gum at the same time? Stay tuned.