| | | | |  | | By Eugene Daniels and Eli Okun | | | |  The 6-3 ruling in West Virginia v. EPA, authored by Chief Justice John Roberts, limits the agency from regulating many power plants' greenhouse gas emissions. | Erin Schaff/The New York Times via AP Photo, Pool, File | SCOTUS SIREN I — Few Supreme Court terms in recent memory have remade American life and jurisprudence as thoroughly as the high court's assertive conservative majority did this year. And to wrap up their term, the six Republican-appointed justices issued another blockbuster ruling this morning, demonstrating that even when Democrats control the rest of Washington, the GOP's hold on key policy issues remains undimmed — perhaps well into the future. The court's 6-3 ruling in West Virginia v. EPA limits the agency from regulating many power plants' greenhouse gas emissions — a victory for industry and a huge blow to the Biden administration's efforts to tackle climate change. Not only could the decision make it harder for the executive branch to regulate pollution, it could also imperil unrelated elements of the regulatory state. Chief Justice JOHN ROBERTS wrote that the EPA had overstepped its authority in part of the Clean Air Act, and that Congress would have to grant it power for more aggressive action. The ruling Now, President JOE "BIDEN's options for addressing climate change by using existing laws are dwindling," our colleague Alex Guillén reports. In a fiery dissent, Justice ELENA KAGAN warned of the stakes for the planet, concluding, "The Court appoints itself—instead of Congress or the expert agency—the decisionmaker on climate policy. I cannot think of many things more frightening." Responding to the ruling, a White House spokesperson said, "President Biden will not relent in using the authorities that he has under law to protect public health and tackle the climate change crisis. Our lawyers will study the ruling carefully and we will find ways to move forward under federal law." SCOTUS SIREN II — The court today said it will take up a big election law case next term, involving the once-fringe "independent state legislature doctrine," which could have massive implications for the nature of American democracy. The case out of North Carolina will test whether state legislators can override state courts and constitutions to amass unprecedented power over elections. Critics warn that it could pave the way for more extreme gerrymanders and even the overturning of a presidential election, The News & Observer's Will Doran reports. The theory, increasingly popular among Republicans and the basis for JOHN EASTMAN's efforts to subvert the 2020 election, has previously yielded some signals of openness from four conservative justices, SAMUEL ALITO, NEIL GORSUCH, BRETT KAVANAUGH and CLARENCE THOMAS, report Zach Montellaro and Josh Gerstein. SCOTUS SIREN III — It wasn't all good news for conservatives at the Supreme Court today. In another major case, Roberts and Kavanaugh joined the court's three liberals to rule that the Biden administration can end the Trump-era "remain in Mexico" policy at the southern border. The case now goes back to a Texas district court "to determine if terminating the policy violated any administrative laws," with significant implications for tens of thousands of asylum-seekers, per The Texas Tribune's Uriel García. And with that, the court's term is over, and KETANJI BROWN JACKSON was just sworn in as the newest justice upon STEPHEN BREYER's retirement. Good Thursday afternoon. There is a ton of big news today.
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Learn how Meta is helping build the metaverse. | | | BIDEN GOES THERE ON THE FILIBUSTER — Biden made some big news at his press conference in Madrid this morning: He supports a filibuster carveout in the Senate to codify Roe v. Wade and protect privacy rights more broadly. "If the filibuster gets in the way, it's like voting rights," he said, "it should be [that] we provide an exception for this." That's only the second time Biden has proven willing to side with many liberals in paring back the filibuster, which he still supports generally as a bulwark in the upper chamber. Of course, his position is just academic for now, so long as Sens. JOE MANCHIN (D-W.Va.) and KYRSTEN SINEMA (D-Ariz.) oppose filibuster carveouts. (Their offices told reporters this morning that they haven't changed their minds.) More from Biden on abortion: The president said he'll meet Friday with governors of states that have taken action to guarantee abortion protections, as Axios' Mike Allen previously reported. After the meeting, Biden will lay out new announcements about administration actions on abortion. He declined to answer a reporter's question about declaring a public health emergency on the matter. Other bites from the press conference:
- The U.S. will roll out $800 million in new military aid to Ukraine in the coming days, Biden announced, encompassing artillery, ammunition, radars and advanced air defense systems.
- Biden on meeting with Saudi Crown Prince MOHAMMED BIN SALMAN on his Middle East trip: "I guess I will see the king and the crown prince, but that's not the meeting I'm going to. They'll be part of a much larger meeting." He added that he won't ask the Saudis specifically to increase oil production, but will encourage it generally from the Gulf states. Related read: "OPEC, Allies Agree to Boost Oil Production Ahead of Biden's Saudi Visit," by WSJ's Summer Said and Benoit Faucon
| | | | STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today. | | | | | JAN. 6 AND ITS AFTERMATH INCOMING FROM 1600 PENN — Biden is planning to give a big public address at the end of the Jan. 6 committee's investigation, laying out what he thinks is at stake if voters return Republicans to power, NBC's Mike Memoli and Carol Lee report. HOW IT HAPPENED — On CNN this morning, ALYSSA FARAH GRIFFIN shed some light on the back story of the surprise CASSIDY HUTCHINSON hearing this week: "Cassidy actually came to me and said, 'There's more I want to share with the committee.' A couple months ago, I put her in touch with Congresswoman Cheney. She got a new lawyer. And that's how this testimony came about." Griffin said Hutchinson is "struck by the magnitude of the moment" but is "doing remarkably well." POLL OF THE DAY — By a 48% to 31% margin, Americans think DONALD TRUMP should be criminally charged over Jan. 6, per a new AP/NORC Center for Public Affairs Research poll. One-fifth don't know enough to say. (That's a pretty steep hill to climb if Trump wants to run again in 2024.) COMMITTEE LATEST — Former Labor Secretary EUGENE SCALIA was at the committee's offices today, per ABC's Katherine Faulders. CASH DASH — Some top GOP megadonors are increasingly souring on Trump amid the hearings, CNBC's Brian Schwartz reports: They see him as more politically damaged and are turning their focus to the midterms and other 2024 contenders. THE VIEW FROM THE HILL — Congressional Republicans are largely tuning out the Jan. 6 committee hearings, The Daily Beast's Sam Brodey reports. He asked a dozen of them (before the most recent Hutchinson hearing), and found that "only a minority of the dozen seemed up-to-date with the committee's findings or professed more than a passing interest in them. Meanwhile, four of the 12 Republicans claimed they had not seen even a clip or recap of the hearings." CONGRESS HEADS UP — Sen. PATRICK LEAHY (D-Vt.) broke his hip in a fall Wednesday night at his home in Virginia, his office said. The 82-year-old was scheduled to undergo surgery this morning and then physical therapy, and is expected to recover fully, though a lengthy departure could deprive Democrats of the 50 votes they often need in the Senate. "Having been born blind in one eye, the senator has had a lifelong struggle with reduced depth perception," his office said. "He has taken some remarkable dingers over the years but this one finally caught up with him." More from the Burlington Free Press BIG TECH'S WOMAN IN D.C. — Rep. SUZAN DELBENE (D-Wash.), a former Microsoft executive, is a key champion for big tech companies facing regulatory pressure in Congress. And the New Democrats chair "could be a major reason" that a big tech antitrust bill fails later this year, Emily Birnbaum reports . "Behind her back, some of DelBene's congressional colleagues, both moderates and progressives, gripe that she is an apologist for large tech companies that are some of her most important donors." But DelBene defends her approach as fair and well-informed.
| | | | A message from Meta:   | | | THE ECONOMY INFLATION NATION — The personal consumption expenditures price index, the Fed's preferred inflation metric, leapt 6.3% in May over a year prior, the same rate as in April, new Commerce data showed this morning. That means prices remained quite high, jumping 0.6% month to month. Meanwhile, consumer spending ticked up 0.2%, a fairly slow growth rate. More from the AP THE UNEMPLOYMENT PICTURE — New jobless claims last week nudged downward to 231,000, a sign of the ongoing tightness in the labor market. More from the WSJ ABORTION FALLOUT LATEST IN THE STATES — A Florida judge this afternoon temporarily blocked the state's new 15-week abortion ban. More from Gary Fineout — And a Kentucky judge today blocked the state's new near-total abortion ban from going into effect for now, allowing the procedure to continue at least into next week. More from the Lexington Herald-Leader THE MIDTERMS EFFECT — The Senate race in Wisconsin encapsulates many of the nation's political currents: the unpopularity of Biden and the Democratic brand vs. incumbent RON JOHNSON's controversies and, now, the firestorm over abortion, report CNN's Manu Raju and Alex Rogers. The leading Democratic candidates all stood firm on abortion rights, telling CNN they would axe the filibuster to codify protections and that they don't support any restrictions on the procedure. They're split on expanding the Supreme Court, though. Interesting detail: Johnson may be a lightning rod, but on the campaign trail lately he's been preaching healing and unity: "I often ask the question, 'Aren't you just tired of all the anger and division?' … God, I am. It's exhausting." — WaPo's Hannah Knowles and Vanity Fair's Abigail Tracy also have stories up today on Wisconsin Dems making abortion a key issue in the midterms. "Democrats are encouraged by some recent developments, including surges in political donations," Knowles reports. But the GOP thinks it could help juice its turnout too. And state leaders are tussling over an 1849 abortion ban that's now in effect.
| | | | INTRODUCING POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don't miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY. | | | | | ALL POLITICS THE LAND OF OZ — The brutal Pennsylvania Senate GOP primary has left its mark on MEHMET OZ, who's trailing Lt. Gov. JOHN FETTERMAN in early polls and has yet to consolidate Republican support fully, the Philly Inquirer's Jonathan Tamari reports. Though Democrats know it may not last, they're hoping the primary has scarred Oz's public perception — and that it'll be hard for him to tack right, shoring up the base, while moving to the center for the general. KATHY BARNETTE, who hasn't endorsed Oz yet, raising some GOP eyebrows: "We are looking at these numbers, and it's quite disturbing … He was trying to communicate 'America First' values, but I think authenticity matters." THE NEW GOP — From Richmond, Va., Time's Molly Ball is out with a profile of GLENN YOUNGKIN, which kicks off with an amazing scene of the Virginia governor learning how to nae nae. "Affable, fun-loving, up for anything: It's hard not to like Youngkin, a trait that accounts as much as anything for his sudden political celebrity," Ball writes. And his "populist-conservative" focus on education in office could lay the groundwork for a 2024 presidential run that's looking likelier these days — including to his inner circle. Youngkin's had a fair amount of success in Virginia so far, though "[c]ritics argue the governor has been more lucky than good." KNOWING GAYLE MANCHIN — As the Senate-confirmed head of a federal economic development agency for Appalachia — and Joe Manchin's wife — Gayle Manchin sees her role as a unique opportunity to lift up rural America, CBS' Bo Erickson writes in a new profile. "I'm probably one of the few people in the world that doesn't think of 'politics' as a dirty word. I'm offended when somebody campaigns and says, 'I'm not a politician, I'm a businessman' or you know, whatever they're claiming they are," she says. "To me, you're saying you're a politician, you're saying that you are interested in trying to affect the policy of where you live." POLICY CORNER IMMIGRATION FILES — The San Antonio tragedy of dozens of migrant deaths in a tractor-trailer "has put a spotlight on the Biden administration's lack of progress in stemming migration and tackling corruption in Central American countries," USA Today's Rebecca Morin reports. WHAT PETE BUTTIGIEG IS UP TO — The Transportation Department today kicked off a $1 billion pilot program to reconnect communities of color that were cut off or divided by road projects, AP's Hope Yen reports. The size of the program is just a fraction of the $20 billion effort the Biden administration initially wanted. PLAYBOOKERS TRANSITION — Former VA Secretary Robert Wilkie is now a distinguished fellow in the America First Policy Institute's Center for American Security. WELCOME TO THE WORLD — Jenna Browder, an anchor at CBN News in Washington, and Joe Cope, a co-founder of GovCon Wealth, welcomed Grace Christine Cope on Tuesday. Pic … Another pic
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