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Interesting Week Ahead

The House and Senate return to work this week, including former Presidential candidate Senator Ted Cruz.

The Senate will try for the third time on Monday to advance its $37.5 billion fiscal 2017 Energy-Water appropriations bill, but there is no indication that leaders will find the 60 votes needed to break the logjam caused by the threat of an amendment related to the Iranian nuclear development deal. Previously, President Obama threatened to veto the bill over an amendment proposed by Senator Tom Cotton (R-AR) that would bar funding for the U.S. to buy so-called heavy water from Iran. Conversely, the Republican-derided Iran Nuclear Deal requires Iran to export the water, which is a byproduct of nuclear fuel production. Without a plan forward, the bill looks to stall out just as it has previously. Senate Republican leadership has suggested allowing Senator Cotton to hold a vote on the amendment as a separate measure, but it is unclear if Senate Democrats are open to the idea. 

Meanwhile, the House will turn its attention to opioid abuse by focusing on two bills (H.R. 5046 – Comprehensive Opioid Abuse Reduction Act of 2016 and S. 524 – Comprehensive Addiction and Recovery Act of 2016) designed to give relief to American local communities dealing with the spike of opioid abuse. Additionally, the House will gear up for consideration of the FY 2017 National Defense Authorization Act (NDAA) next week. The NDAA is the annual authorization bill determines the agencies responsible for our nation’s defense, establishes funding levels, and sets the policies under which money will be spent.

With less than 50 legislative days left before October 1, which is the statutorily mandated dated start of the federal fiscal year, the likelihood of the Congress considering all 12 of the standing appropriations bills continues to shrink. A continuing resolution is all but assured in September before Congress recesses for the election.

Senate Moves Forward on Budget

Senate Budget Committee Chairman Michael Enzi (R-WY) filed a budget motion in the Senate today to establish discretionary spending topline numbers, known as 302(b)s for FY2017. The move allows appropriations work to begin in earnest as the Seante prepares to take up its Energy-Water measure (S 2804) this week.

Enzi set the budget limits at $551 billion for defense spending and $518.5 billion for nondefense spending, equal to the caps enacted under last year’s bipartisan budget deal. The agreement provided for Enzi to file the toplines between April 15 and May 15 in the absence of a budget resolution, though Enzi has not ruled out considering a complete budget measure later in the year.

Senate Approves FAA Reauthorization Amendments

Last night, the Senate approved a number of amendments to the FAA reauthorization measure, including amendments that would provide a five-year extension of the unmanned aircraft system test site program and impose criminal penalties for unsafe operations of unmanned aircraft.

The Senate reconvenes this morning and will resume consideration of the FAA reauthorization after morning business.

Justice Antonin Scalia, 1936-2016 (SCOTUS Edition)

On Saturday, Supreme Court Justice Antonin Scalia was found dead of natural causes in a ranch in the Big Bend area of West Texas at Cibo Creek Ranch. He was 79. Having died in such a remote area, the declaring the justice dead, and disseminating the news of the his death, caused some some issue.

Scalia, life in pictures (POLITICO)

Known for his caustic dissents, Justice Scalia began his service on the court as an outsider, but his theories, initially viewed as idiosyncratic, gradually took hold, and not only on the right and not only in the courts. He has been called the most influential jurist of the last quarter century.

Justice Scalia was a champion of originalism, the theory of constitutional interpretation that seeks to apply the understanding of those who drafted and ratified the Constitution. In Scalia’s hands, originalism generally led to outcomes that pleased political conservatives, but not always. His approach was helpful to criminal defendants in cases involving sentencing and the cross-examination of witnesses.

Born in Trenton, New Jersey, he was an only child who quickly was a standout in high school and subsequently at Georgetown University (graduating summa cum laude) and Harvard Law School (graduating magna cum laude). After practicing law in Cleveland, OH and teaching law at the University of Washington, he was confirmed as Assistant Attorney General in the Office of Legal Counsel after the Watergate scandal — he was nominated by President Nixon and served under President Ford.

Eventually, Scalia was nominated and confirmed to the DC Court of Appeals by President Reagan in 1982. Reagan again nominated Scalia for the US Supreme Court in 1986, where he was unanimously confirmed. He was the longest serving justice on the court.

With the death of Justice Scalia, comes a political storm caused by his absence, which is made more keenly felt since there has never been a vacancy on the Supreme Court in a presidential election year. Senate Majority Leader Mitch McConnell (R-KY) has declared that the Senate will not confirm a candidate until after the election of the new president. However, it is unlikely President Obama will not nominate a candidate. Even if the Senate does decide to move forward, it will be a long fight.

That said, the absence of Scalia does not mean that the court will cease working. Rather, the court will continue to work with the slim 5-4 conservative lean now gone. The even 4-4 split of the court calls into questions many of the cases on the docket and potential gridlock on issues, including congressional redistricting, abortion access, birth control access, forming unions, the Administration’s immigration and enviromental policy, affirmative action in college admissions, and more.

Holding with tradition, Justice Scalia will lie in repose at the Supreme Court on Friday.