Playbook PM: Top takeaways from Day One of SCOTUS hearings so far

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Mar 21, 2022 View in browser
 
Playbook PM

By Rachael Bade and Eli Okun

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Day One of a Supreme Court confirmation hearing is usually a relatively staid affair: Each member of the Senate Judiciary Committee gives a lengthy opening statement, while the nominee sits silent, awaiting their turn. Most votes are already locked in. Today has been no different. KETANJI BROWN JACKSON has said little so far beyond a "thank you."

Perhaps the only potential swing vote on the committee heading into the hearings was Sen. LINDSEY GRAHAM (R-S.C.), who voted for Jackson's circuit court nomination last year and generally believes in allowing a president to choose his judges. In his opening statement, Graham signaled today that trend is likely to come to an end.

"This is a new game for the Supreme Court," said a peeved Graham, citing in particular the "wholesale effort on the left" that he said helped tank J. MICHELLE CHILDS' chance at the nomination. Had President JOE BIDEN tapped Graham's fellow South Carolinian, he said, she would have gotten 60-plus votes.

"You say, Judge Jackson, you don't have any judicial philosophy per se," Graham added. "Well, somebody on the left believes you do. Or they wouldn't have spent the money they spent to have you in this chair. So we're going to find out how that statement holds up over time."

Graham's comments epitomized many committee Republicans' concerns. More than three years on, they were openly angry about Justice BRETT KAVANAUGH's confirmation process and the sexual assault allegations against him. They raised questions about liberal groups' support for Jackson. And they previewed tough questions about her judicial philosophy and approach to the Constitution.

Democrats gave a pre-buttal to many Republican criticisms — and talked up her experience, temperament and record. They also celebrated (as did many Republicans) the historic nature of her nomination.

"You, Judge Jackson, are one of Mr. [ABRAHAM] LINCOLN's living witnesses of an America that is unafraid of challenge, willing to risk change, confident of the basic goodness of our citizens," Chair DICK DURBIN (D-Ill.) declared to open the hearing. "And you are living witness to the fact that in America, all is possible."

Other notable bites from the hearing:

— Durbin delivered a warning to other members on their lines of inquiry: "I also ask the members of this committee, as we begin this landmark confirmation process, to consider how history will judge each senator as we face our constitutional responsibility to advise and consent."

— Ranking member CHUCK GRASSLEY (R-Iowa) previewed the philosophical divides in judicial approach that underpin many GOP criticisms of liberal judges: "I'll be looking to see whether Judge Jackson is committed to the Constitution as originally understood."

— Sen. PATRICK LEAHY (D-Vt.) sought to get ahead of what's expected to be one of the GOP's central lines of attack: "She's not soft on crime," he said, noting that she hails from a family that has a history of working in law enforcement.

— Graham openly signaled to Sen. JOSH HAWLEY (R-Mo.) that he considered his controversial questions about her rulings in child pornography cases to be "fair game."

— Sen. JOHN CORNYN (R-Texas) hit Jackson on her record, citing her rulings in Trump-era cases: "Your advocacy has bled over into your decision-making process as a judge."

— Sen. SHELDON WHITEHOUSE (D-R.I.) accused Republicans of hypocrisy in their "dark money" lines of attack, saying anonymous money had laid the foundation for the Federalist Society and the entire GOP judicial infrastructure. "The unpleasant fact is that the present court is the court that dark money built," he said.

— Sen. MIKE LEE (R-Utah) warned that court-packing advocacy from the left would delegitimize the court. "We must protect the court," he said.

Additional reading:

NYT's Adam Liptak looks at how Jackson has "mastered the playbook" of this Senate rigmarole in three previous confirmation hearings: She's become an expert in being polite, reframing questions, and showing off legal knowhow without expressing a whisper of opinion.

— Ella Creamer has a fun listicle in POLITICO Magazine of 55 things to know about Jackson.

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WAR IN UKRAINE

THE LATEST ON THE GROUND …

— Ukraine refused to surrender Mariupol, the port city under siege, after Russia demanded that Ukrainian troops lay down their weapons in the city to let residents escape. More from NBC

— One of the biggest strikes to hit Kyiv lit up a major shopping mall in flames overnight, killing at least eight people. "[T]he scope of the devastation around the mall was greater than anything The New York Times has witnessed inside the city limits," Andrew Kramer and Marc Santora report.

— Russia summoned the U.S. ambassador to warn that diplomatic ties between the countries are on the brink of collapse after Biden's recent comments, per Reuters.

— First person: AP's Mstyslav Chernov and his team were the last international journalists left in Mariupol, changing the world by broadcasting lonely images of violence like the already-infamous bombing of a maternity hospital. He's out today with an amazing account of how they fled the city, narrowly escaping Russian forces that had their names on a list — and of the information blackout with which their departure now saddles the city. "It didn't feel like a rescue. It felt like we were just being moved from one danger to another. By this time, nowhere in Mariupol was safe, and there was no relief. You could die at any moment. I felt amazingly grateful to the soldiers, but also numb. And ashamed that I was leaving."

ALL POLITICS

2022 SIREN — ERIC GREITENS' ex-wife accused him of physically abusing her and their 3-year-old son in a new sworn affidavit today, AP's Brian Slodysko, Jim Salter and Summer Ballentine report. She said multiple people intervened to limit his access to guns. "SHEENA GREITENS casts her ex-husband as someone who threatened to use his political connections and influence in order to destroy her reputation to win custody of the children. 'Prior to our divorce, during an argument in late April 2018, Eric knocked me down and confiscated my cell phone, wallet and keys so that I was unable to call for help or extricate myself and our children from our home,' Sheena Greitens wrote in the filing."

More from his final days as governor: "At one point, she said, Eric Greitens purchased a gun but refused to tell her where it was. He also threatened to kill himself 'unless I provided specific public political support,' she wrote." Greitens' campaign didn't yet comment to the AP.

WHEN DESPERATION SETS IN — A new ad from Rep. MO BROOKS (R-Ala.) calls Senate Minority Leader MITCH MCCONNELL "a weak-kneed, debt junkie, open-border RINO Republican," making him the third Senate candidate to call for McConnell's replacement, Alex Isenstadt and Natalie Allison report. The ad arrives as Brooks is struggling in the Alabama primary and reportedly at risk of losing the support of DONALD TRUMP, who has staked out McConnell as an enemy. Watch the "Fire McConnell" ad

 

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CONGRESS

KNOWING PETE AGUILAR — Though the House Democratic Caucus has bled many promising young leaders in recent years, the California Democrat is sticking around — a widely liked, low-key No. 6 who's likely to move up the ranks, Nicholas Wu reports. An immigration advocate, a Jan. 6 committee member and a bridge builder across different parts of the caucus (and across the aisle), Aguilar has "used his opportunities to quiet but undeniable effect," Nick writes. "And when Aguilar commits, he goes all-in."

BEYOND THE BELTWAY

IMMIGRATION INVESTIGATION — A year into Texas Gov. GREG ABBOTT's much-touted, multibillion-dollar border-focused Operation Lone Star, many of state officials' claims of success actually rely on "shifting metrics that included crimes with no connection to the border, work conducted by troopers stationed in targeted counties prior to the operation, and arrest and drug seizure efforts that do not clearly distinguish DPS's role from that of other agencies." That's the top takeaway from a big ProPublica/Texas Tribune/Marshall Project joint investigation , in which Lomi Kriel, Perla Trevizo, Andrew Rodriguez Calderón and Keri Blakinger find that the operation's (patchy) public data shows limited signs of success.

 

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THE ECONOMY

INFLATION NATION — The Biden administration has fingered ocean shipping as a key driver of inflation, and is looking to antitrust actions that they say will help lower prices, NYT's Ana Swanson reports. A bill making its way through Congress would give the Federal Maritime Commission more power against anti-competitive practices. This eye-popping statistic jumped out at us: "The price to transport a container from China to the West Coast of the United States costs 12 times as much as it did two years ago, while the time it takes a container to make that journey has nearly doubled." But, but, but: Experts say it's not clear how much these government actions would really lower prices.

AMERICA AND THE WORLD

IRAN LATEST — The last remaining big hurdle to the Iran nuclear deal is the question of whether the U.S. will remove the terror designation from the Iranian Revolutionary Guards, WSJ's Laurence Norman reports . "Senior U.S. officials say a failure to find a compromise with Iran on the issue quickly could cause a breakdown in negotiations that—over almost a year—have resolved nearly every other disagreement."

WAR REPORT — The Biden administration in the past month has acquiesced to Saudi requests and sent "a significant number of Patriot antimissile interceptors" to the kingdom, WSJ's David Cloud scooped . The transfers will help ease a pressure point in a contentious relationship of late.

 

DON'T MISS POLITICO'S INAUGURAL HEALTH CARE SUMMIT ON 3/31: Join POLITICO for a discussion with health care providers, policymakers, federal regulators, patient representatives, and industry leaders to better understand the latest policy and industry solutions in place as we enter year three of the pandemic. Panelists will discuss the latest proposals to overcome long-standing health care challenges in the U.S., such as expanding access to care, affordability, and prescription drug prices. REGISTER HERE.

 
 

PLAYBOOKERS

WHITE HOUSE SHUFFLE — Nancy McEldowney is stepping down as national security adviser to VP Kamala Harris, to be replaced by her deputy Philip Gordon, Reuters' Nandita Bose scooped.

MEDIA MOVES — Joelle Martinez has been named West Coast bureau chief at CBS News. She most recently was deputy Los Angeles bureau chief at Vice News. … WaPo's Peter Wallsten has been named senior national investigations editor. He most recently was senior national politics editor. Announcement Alex Korson has been promoted to VP of morning programming for MSNBC. He'll continue to oversee "Morning Joe" and "Way Too Early with Jonathan Lemire."

TRANSITIONS — Ron Estrada has been appointed CEO of Farmworker Justice. He previously was head of government relations at Univision Communications. … Katherine Robbins is now deputy press secretary for Sen. Kevin Cramer (R-N.D.). She previously was press assistant for House Minority Whip Steve Scalise (R-La.).

WELCOME TO THE WORLD — David Gelles, executive producer of CNN+ political and live events programming, and Danna Gelles, a teacher at Charles E. Smith Jewish Day School, welcomed Eve Judith Gelles on March 13. She came in at 5 lbs, 15 oz, and joins big siblings Max and Lia. Pic Another pic

BONUS BIRTHDAY: Taylor St. Germain of Reproductive Equity Now

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