Obamacare & the 115th

Posted on November 9, 2016

Today, Senate Republican Leader Mitch McConnell (R-KY) announced the Republican leadership’s intention to repeal the Affordable Care Act, also known as Obamacare, quickly into the 115th Congress. While there is no confirmation on a legislative vehicle, the most likely means for Congress to pass something will be the Budget Reconciliation process. This process is also the vehicle that has been suggested to move any tax reform policies.

The slim majority of Republicans in the Senate, which will likely be 51-53 seats, would not be able to overcome the 60 vote cloture requirement. The Budget Reconciliation process would avoid a cloture vote, since the Budget Reconciliation requires a simple majority to pass.

Created by the Congressional Budget Act of 1974, Budget Reconciliation allows for expedited consideration of certain tax, spending, and debt limit legislation. In the Senate, reconciliation bills are not subject to filibuster and the scope of amendments is limited, giving this process real advantages for enacting controversial budget and tax measures. This paper addresses some frequently asked questions about reconciliation.

Obama Announces Intent to Appoint New Board Members to the NSB

Posted on November 1, 2016

The White House announced that President Barack Obama intends to appoint W. Kent Fuchs, Victor R. McCrary, Emilio F. Moran, and Julia M. Phillips to the National Science Board (NSB).

Victor R. McCrary is Vice President for Research and Economic Development at Morgan State University. Dr. McCrary was the Business Area Executive for Science & Technology at the Johns Hopkins University Applied Physics Laboratory, where he managed technology investment strategies for over $60 million for internal research and development (IRAD) projects targeted to the areas of national defense and national security. Dr. McCrary was also a division chief at the National Institute of Standards and Technology where he received the U.S. Department of Commerce’s Gold Medal for facilitating and developing the first global industry standard for e-books. He has published over 60 articles and is a Fellow of the American Chemical Society.

Emilio F. Moran is the John A. Hannah Distinguished Professor at the Center for Global Change and Earth Observations at Michigan State University. He is also a Research Professor at the University of Maryland’s Population Research Center. He brings experience as a NSF grantee in cultural anthropology, geography, ecosystem science, and other disciplines. He provides an important interface with the physical and biological sciences through his research on human interactions with the environment under conditions of change. Dr. Moran has published over 200 articles, 11 books and 15 edited volumes. He was elected to the U.S. National Academy of Sciences in 2010.

Julia M. Phillips is Director Emeritus at Sandia National Laboratories. As Vice President and Chief Technology Officer, she managed the Laboratory’s $160 million Laboratory Directed Research and Development Program. She was also responsible for research strategy development, implementation, and intellectual property protection and deployment. Dr. Phillips came to Sandia in 1995 after spending 14 years as technical staff and a manager at AT&T Bell Laboratories. She is a member of the National Academy of Engineering and a Fellow of the American Academy of Arts and Sciences.

The White House also reappointed Arthur Bienenstock, W. Carl Lineberger, and Anneila Sargent to each serve a second six-year term. Dr. Bienenstock, Professor Emeritus of Photon Science at Stanford University, has led the Board’s initiatives on reducing administrative burdens on federally funded researchers. Dr. Lineberger, E. U. Condon Distinguished Professor of Chemistry at the University of Colorado, and Dr. Sargent, Ira S. Bowen Professor of Astronomy at the California Institute of Technology, have both played key roles in NSB’s oversight and guidance of major NSF facilities and programs.

The NSB began accepting nominations for the Board last fall and made recommendations to President Obama for his consideration. Every two years, eight members rotate off the Board and a new class is appointed. Board membership will be complete when one more new member is appointed to the class of 2022.

Welcome Back SCOTUS!

Posted on October 3, 2016

With the first Monday in October, we welcome back the Supreme Court of the United States (SCOTUS). By law, the first Monday in October is when the court commences its term, which will run until October of the following year, but in practice the term ends between June or July. As the term commences, we learn which cases SCOTUS will hear and will not hear in the coming months. Of the thousands of cases per year petitioning a writ of certiorari only a few hundred will be granted and thus heard throughout the term. In fact, the Court accepts 100-150 of the more than 7,000 cases that it is asked to review each year. To be granted a writ, only four of the nine justices need to agree to hear the case. A list of what the court will hear this term can be found here.

Some high-profile cases will be absent, notably a rehearing in United States v. Texas, the challenge to an Obama Administration policy that would have permitted as many as four million undocumented immigrants to apply for a program that would have allowed them to remain in the country and work here legally. The justices heard arguments in the case in April of this year, but in June they announced that they had deadlocked 4-4, an outcome that left in place the lower court’s decision striking down the policy. In July, the Obama administration asked the court to reconsider that ruling when it has all nine justices. The petition for rehearing was, as the federal government acknowledged in its filing, a long shot, and today the justices rejected it without comment.

Other cases that will not be considered include the trademark case of the Washington Redskins and the NCAA antitrust case.

The Washington Redskins asked the justices to review a decision by a federal trial court upholding the U.S. Patent and Trademark Office’s cancellation of the team’s trademarks prior to a final decision in the 4th Circuit.

The court also denied review in a pair of cases (NCAA v. O’Bannon and O’Bannon v. NCAA) arising out of a class action antitrust challenge to National Collegiate Athletic Association rules requiring college athletes to be amateurs. The lead plaintiff is Ed O’Bannon, a former professional basketball player who played on the UCLA team that won the national championship in 1995. The U.S. Court of Appeals for the 9th Circuit agreed with the players that the ban on pay for athletes violated federal antitrust laws, and the NCAA asked the justices to weigh in, arguing that the 9th Circuit’s decision “threatens far-reaching deleterious consequences.” For his part, O’Bannon had challenged a portion of the 9th Circuit’s ruling that struck down the part of the trial court’s holding that would have allowed schools to give student-athletes, in addition to full scholarships, as much as $5000 per year in deferred compensation.

Late Votes, Last Minute Save

Posted on September 28, 2016October 5, 2016

With almost two days to spare, the House passed a 10-week stopgap spending bill, passed by the Senate earlier today, that would prevent a government shutdown at the end of this week. The measure passed the House by a vote of 342-85.

As previously mentioned, the measure generally provides continued funding for federal government operations through December 9 at existing levels. There were FY 2016 adjustments for FY 2017, including increase funding to address the opioid epidemic. The measure also provides $500 million in emergency supplemental funding for initial disaster response efforts to severe flooding in Louisiana and other states. It provides $1.1 billion in supplemental funding for activities in response to the Zika virus, including $933 million in domestic funding and roughly $175 million in international funding, with approximately $400 million of the total being offset. Finally, the CR provides full-year FY 2017 appropriations for military construction and for the VA Department, and is identical to the Military Construction-VA appropriations agreement reached in June between House and Senate conferees.

The White House earlier today announced its support for the CR/Zika package.

With that, the House and Senate have voted to keep the government open and operating until December 9th. The bill goes to the President’s desk to be signed, and Congress leaves town to go get reelected.

White House Announces Support for CR

Posted on September 28, 2016

Following the Senate’s passage of the CR, the White House issued a Statement of Administrative Policy (SAP) in support of the CR. While the SAP does express concerns and desires for what is or should have been included, the White House does express support for the overall legislation.

Read the SAP here.