What SCOTUS decided on its first day back

Presented by PhRMA: POLITICO's must-read briefing on what's driving the afternoon in Washington.
Oct 03, 2022 View in browser
 
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By Garrett Ross

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WASHINGTON, DC - OCTOBER 03: People in line to hear oral arguments walk on the plaza of the U.S. Supreme Court Building on October 03, 2022 in Washington, DC. The Court is hearing arguments for the first set of cases today which are Sackett v. Environmental Protection Agency and Delaware v. Pennsylvania and Wisconsin.

People wait in line to enter the Supreme Court to hear oral arguments on its first day back in session on Monday, Oct. 3. | Anna Moneymaker/Getty Images

BACK IN BUSINESS — The Supreme Court is officially seated for its new session, returning to the bench today after an offseason that was marked by perhaps the most contentious atmosphere for the court in recent history. Here's a roundup of what they decided today:

"Supreme Court allows defamation lawsuit against MyPillow CEO Mike Lindell to proceed," by CNN's Dan Berman: "Dominion is seeking $1.3 billion in damages, claiming it was harmed by unfounded statements from [MIKE] LINDELL and other allies of former President DONALD TRUMP that Dominion rigged its machines in favor of JOE BIDEN in the 2020 presidential election."

"SCOTUS to hear challenge to tech liability protections," by Rebecca Kern: "The case marks a new focus for the highest court to weigh in on Section 230 of the 1996 Communications Decency Act that protects platforms from being sued over most third-party content on their sites. The court will decide in the case of Gonzalez v. Google LLC whether those protections are too far-reaching when it comes to Google's recommendations of terrorist videos."

"Supreme Court leaves ban on bump stocks in place – again," by CNN's Ariane de Vogue and Devan Cole

"High court rejects Russian company's dispute with Ukraine," AP

TOP TALKER — The election year ritual has officially returned: Checking in on The Two Nates (NATE SILVER of FiveThirtyEight and NATE COHN of NYT) to see their latest projections and prognostications.

Today's big swing comes from Cohn: "It's Time to Take Democrats' Chances in the House Seriously"

"No, I'm not saying Democrats are favored," Cohn writes. "The likeliest scenario is still that Republicans will find the five seats they need to take control. … But the idea that Democrats can hold the House is not as ridiculous, implausible or far-fetched as it seemed before the Dobbs ruling overturned Roe v. Wade . It is a real possibility — not some abstraction in the sense that anything can happen."

He lays out the calculus here: "Of course, the reason we think Democrats might overcome their obstacles in the Senate is because we have dozens of polls in critical Senate races. Thanks to those polls, we know Democrats lead in Pennsylvania and Arizona, which we might have assumed were tossups otherwise. In contrast, we have no idea whether Democrats are leading in equivalent races for the House: There are almost no nonpartisan House polls at all, and they're spread out across many more races. But if Democrats can do what they appear to be doing in the Senate, there's no reason to assume they couldn't already be doing something similar in the House."

TRIAL TIP-OFF — The Oath Keepers trial is officially underway today, as leader STEWART RHODES and other members of the group are facing felony seditious conspiracy charges in what amounts to the "most significant criminal trial" to stem from the Jan. 6 Capitol attack, Kyle Cheney writes.

The setup: "Prosecutors say dozens of Oath Keepers, led by Rhodes, stockpiled firearms at a Virginia hotel and prepared to lay siege to the Capitol to prevent the transfer of power to Joe Biden. They ultimately never deployed those weapons, but large factions of the group were among those who entered the Capitol," Kyle writes. "The Oath Keepers plan to argue that everything they did was legal. Members of the group say they were primarily in Washington to serve as security details for pro-Trump VIPs." WaPo has live updates here

Good Monday afternoon.

 

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BIG PICTURE

TOUGH TIMING — The Fed traditionally goes out of its way to steer clear of political campaigns, making no big moves in the months leading to Election Day.

Not this year, Ben White writes.

With inflation raging at 40-year highs, Fed Chair JEROME POWELL is determined to slam the brakes on inflation — even if it means tipping the economy into recession. "It's a rare moment for a Fed chair to toss aside all political considerations and ignore frantic investors," Ben writes. "But Powell is facing the worst inflation spike since the Reagan administration — a problem that Fed critics say he helped create by downplaying price surges last year — and is racing to prevent worse pain in the coming months. If he's unable to do that, it could cement a legacy of failure that he deeply wants to avoid."

BATTLE FOR THE SENATE

AS SEEN ON TV — WaPo's Colby Itkowitz and Lenny Bernstein take a look at MEHMET OZ's former life as a TV doctor, noting that during his time on TV, Oz "provided a platform for potentially dangerous products and fringe viewpoints, aimed at millions of viewers, according to medical experts, public health organizations and federal health guidance."

The Oz response: "Oz and his defenders have said that his approach on the program was to give viewers hope and provide different points of view. … After The Washington Post submitted detailed questions in an email, a campaign representative sent back broad statements addressing attacks from his opponent, his career, and products promoted on his program, but leaving many specific inquiries unaddressed."

"In the midst of a tight race for U.S. Senate, Mehmet Oz visits Philly Black clergy members," by the Philly Inquirer's Henry Savage

BATTLE FOR THE HOUSE

ENDANGERED SPECIES — "How Rep. Matt Cartwright, a Progressive Democrat, Survives In Trump Country," by HuffPost's Daniel Marans in Honesdale, Pa.: "The former trial lawyer is one of just four House Democrats currently representing districts where President Donald Trump won in both 2016 and 2020. … What makes Cartwright more unique, however, is that unlike many colleagues in swing states or districts, he does not make a point of bucking party leadership on big-ticket items. He was an easy 'yes' vote for the Inflation Reduction Act and the Build Back Better legislation before that."

HOT ADS

With help from Steve Shepard

Pennsylvania: Oz's campaign slams Democrat JOHN FETTERMAN, accusing him of supporting "decriminalizing dangerous drugs, like heroin and fentanyl," and touting Oz's own medical experience: "I've worked in addiction for years." (Fetterman's campaign says he does not, in fact, support decriminalizing hard drugs.)

Indiana: GOP House candidate JENNIFER-RUTH GREEN, an Air Force veteran and reservist, wears a flight suit in her first TV ad , a bio spot in which she rails against "career politicians" while an image of Democratic Rep. FRANK MRVAN appears on screen.

 

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MORE POLITICS

HOW IT HAPPENS — "How a Tiny Elections Company Became a Conspiracy Theory Target," by NYT's Stuart Thompson: "Unlike other election technology companies targeted by election deniers, Konnech, a company based in Michigan with 21 employees in the United States and six in Australia, has nothing to do with collecting, counting or reporting ballots in American elections. Instead, it helps clients like Los Angeles County and Allen County, Ind., with basic election logistics, such as scheduling poll workers."

The impact: "Konnech's founder and chief executive, EUGENE YU, an American citizen who immigrated from China in 1986, went into hiding with his family after receiving threatening messages. Other employees also feared for their safety and started working remotely, after users posted details about Konnech's headquarters, including the number of cars in the company's parking lot."

THE WHITE HOUSE

CRUEL SUMMERS — "Larry Summers has President Biden's ear — but not always his support," by WaPo's Jeff Stein and Tyler Pager: Since being shut out of talks over the White House's economic rescue package, "White House officials have worked on what some privately characterize as a campaign to manage Summers, trying to make sure he feels heard — if not always heeded. Summers is in routine contact not only with [Treasury Secretary JANET] YELLEN and [NEC Director BRIAN] DEESE but also Chief of Staff RON KLAIN, with whom he communicates roughly weekly, as well as the president himself, with whom he has spoken privately around a half-dozen times over the last year."

Just how often is Summers speaking with the White House? "A White House official said the president has spoken with Summers about the same number of times since taking office as he speaks with Yellen every month."

TRUMP CARDS

FAVRE'S BACKUP — "Trump lawyer Eric Herschmann to represent Brett Favre," by Axios' Mike Allen: "The former Green Bay Packers quarterback is at the center of Mississippi's biggest-ever public corruption case. … Herschmann has talked with Favre multiple times, and spent several weeks reviewing years of text messages, emails and contracts, the source said. The lawyer concluded Favre shouldn't be indicted, and has convincing defenses if he were. Then he agreed to represent him."

 

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WAR IN UKRAINE

AGAINST THE GRAIN — "Russia smuggling Ukrainian grain to help pay for Putin's war," by AP's Michael Biesecker, Sarah El Deeb and Beatrice Dupuy: "AP used satellite imagery and marine radio transponder data to track three dozen ships making more than 50 voyages carrying grain from Russian-occupied areas of Ukraine to ports in Turkey, Syria, Lebanon and other countries. Reporters reviewed shipping manifests, searched social media posts, and interviewed farmers, shippers and corporate officials to uncover the details of the massive smuggling operation."

LIFE IN LYMAN — "I Lived in Russia? Annexation Is News to Key City Reclaimed by Ukraine," by NYT's Andrew Kramer in Lyman, Ukraine

POLICY CORNER

ON YOUR FYP — "TikTok Security-Deal Talks Pose Liability for Biden," by WSJ's John McKinnon and Alex Leary in Washington and Raffaele Huang in Singapore: "The talks have taken on added urgency, according to people familiar with the situation, as Republicans vow to push for hearings, potentially including TikTok executives, on the issue should they win House or Senate majorities in the Nov. 8 midterm elections. These people say a deal with TikTok owner ByteDance Ltd. aimed at erecting a wall between the U.S. and Chinese operations is close, but caution that hurdles remain—including operational challenges and possible opposition by China's communist government."

KEEPING UP — "Kim Kardashian to pay $1.26M to settle SEC crypto charges," by Declan Harty

 

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BEYOND THE BELTWAY

IMMIGRATION FILES — "Gov. Sununu announces deployment of New Hampshire National Guard members to southern U.S. border," by WMUR's Adam Sexton: "The governor's office says soldiers are prohibited from being in contact with migrants and can only notify Customs and Border Protection officers of crossings. The deployment is expected to be for one year."

PLAYBOOKERS

OUT AND ABOUT — The Burns Brothers firm hosted a Congressional Black Caucus Conference after-party at the private lounge HQ on Sunday night. SPOTTED: Megan Goode, who was a host for the CBC ALC Phoenix Awards gala, Just Blaze, D-Nice, Larenz Tate, Lahmard Tate, Lauren Wilson, Kamau Marshall, Dr. LeMia Jenkins-Thompson, Vincent Evans, Erica Loewe, Trey Baker, Laura Jimenez, Cameron Trimble, Nicole Varner, Brandon Webb, Ashley Harrington, Ben Branch, Denise Terry and Roland Martin.

COMING SOON — Rachel Maddow is launching a new podcast titled "Ultra," an eight-episode series that "examines the history of a seditious plot to undermine democracy 80 years ago, and the wild fight to stop it." The series will debut with two episodes on Oct. 10.

MEDIA MOVE — Ryan Nobles is joining NBC as a Capitol Hill correspondent. He previously was a congressional correspondent at CNN.

TRANSITIONS — Jon Trotta is joining Davis Wright Tremaine as a partner. He previously was an attorney and partner at Stinson and is a FERC alum. … Wes Fisher is now the director of government affairs at the Association of the Nonwoven Fabrics Industry. He most recently was senior director of government affairs at the Pet Advocacy Network. …

… Tilden Katz is joining Cozen O'Connor Public Strategies as a senior principal and launching the firm's strategic comms and reputation management practice. He most recently was VP of strategic comms and crisis comms at SmithBucklin. … Usman Rahim is joining Bank of America's public policy team as a senior VP. He previously was a financial services policy analyst for BGR and is a Treasury and Thom Tillis alum.

 

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California Today: Holding the blue line

With bill signing finished, new laws will protect transgender children and abortion patients
Author Headshot

By Shawn Hubler

California Correspondent, National

It's Monday. California lawmakers sent a message this session. Plus, Marin County, once known for vaccine skeptics, now has one of the nation's highest Covid-19 vaccination rates.

Gov. Gavin Newsom at a bill signing event in San Francisco last week.Jim Wilson/The New York Times

With what had to be the weariest left hand in California, Gov. Gavin Newsom on Friday signed the last of nearly 1,000 bills he approved this year.

California's new rules include some big swings — including a sweeping package of climate bills — and some small but potentially consequential tweaks, like new limits on jaywalking enforcement. But if one overarching message came through, it was that the nation's most populous state wasn't kidding about the liberal model Newsom had been pitching to Republican-led parts of the country.

As red states limit reproductive rights, California will now be, as the governor pledged, a "sanctuary" for women seeking abortions. As Republican leaders elsewhere block gender-affirming care for minors and ban discussion of L.G.B.T.Q. topics in classrooms, California will offer legal protections to transgender children. The state will extend tax breaks for movie production to bring Hollywood film shoots home from red states and offer bounties to individuals who sue makers and dealers of assault weapons and "ghost guns."

Newsom has been the tip of the spear for Democrats seeking to counter the Republican Party. With billboards, newspaper ads, national media interviews, tweets, campaign donations and, most recently, personal appearances in Texas, California's governor has denounced Republican policies, particularly on social issues, and has slammed the G.O.P. leaders of Florida and Texas as "bullies."

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Newsom's actions have invited speculation that he is eyeing a run for the White House. ("Not happening, no, no, not at all," Newsom said last month at the Texas Tribune Festival in Austin, where he made a cheerful appearance before a largely liberal audience, notably on Gov. Greg Abbott's home turf.)

But they also have complicated his ability to govern. California still has deep veins of conservatism and right-leaning power centers in agribusiness and the oil industry, even if Democrats have a two-to-one edge over Republicans in voter registration. Elected officials who run statewide, like governors, usually find themselves hewing to the path that Jerry Brown used to compare to canoeing: paddle a little to the left, and then a little to the right.

As Newsom was asking the nation to chart a course, full speed ahead, toward Democratic values in California, he was doing some paddling.

Bucking environmentalists, he mustered lawmakers from both parties to extend operations at the Diablo Canyon nuclear plant, to help keep the lights on. Siding with law enforcement, he vetoed bills that would have allowed supervised drug injection sites in cities and severely limited the use of solitary confinement in prisons. He nixed two mandatory kindergarten proposals, citing fiscal concerns.

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Pushing from the left, meanwhile, were progressive legislators and unions. Pressured by the Biden administration, Newsom signed a bill removing an in-person voting obstacle that had long made it difficult for unions to organize farmworkers — a move that was vehemently opposed by California's agricultural industry.

Organized labor had a good year in California. It won not only the farmworker fight, but also a state-run council to establish wages and working conditions for fast-food workers (though the industry is already trying to mount a referendum) and more generous benefits for low-income workers under the state's paid family leave program.

Last week, as the signing wound down, it was California's hard blue line that left the strongest impression — the state IDs that will be offered to Californians regardless of immigration status; the bill to encourage sustainable burial options such as "human composting"; and the "pink tax" bill that will make it illegal for companies to price the same product differently for women than for men.

The 997 bills Newsom signed reflect both the will of California's liberal majority and his own national campaign to contrast the values of red states and blue states, said Mark Baldassare, the president and chief executive of the Public Policy Institute of California.

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"I think generally the governor signaled that California is a strong blue state," Baldassare said. "He followed through on the things he talked about on the national stage."

For more:

Marin County has been known for liberal vaccine resistance, but residents are getting vaccinated for Covid-19 at a higher rate here than almost anywhere else in the nation.Jim Wilson/The New York Times

If you read one story, make it this

In Marin County, parents who oppose vaccines go from welcome to ostracized.

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Jim Wilson, left, a photographer in The New York Times's San Francisco bureau, brings fire-resistant Nomex gear when he covers wildfires in California.Sarah Maslin Nir/The New York Times

The rest of the news

  • Wildfires: How New York Times journalists in California prepare to cover wildfires.
  • Racist prank: A California high school has canceled the remainder of its football season after members of the team were filmed enacting a prank in which they appeared to "auction" off Black teammates, CNN reports.
  • "Peach King": Didar Singh Bains, one of the most prominent American Sikh leaders who helped build Northern California's Sikh community, died on Sept. 13 in Yuba City at the age of 84, The Los Angeles Times reports.
SOUTHERN CALIFORNIA
  • Fire: A sailor charged with intentionally setting one of the worst noncombat fires in U.S. Navy history, which destroyed the $1.2 billion U.S.S. Bonhomme Richard in San Diego Bay, was found not guilty on all counts by a Navy judge.
  • Shooting: A 34-year-old man was shot several times at a youth football game at Colony High School in Ontario, The Associated Press reports.
  • Lawsuit: A captain of the Los Angeles Police Department was awarded $4 million by a Superior Court jury after complaining that management had ignored her requests to inform the department that a widely distributed photo of a topless woman resembling her was not her image, The Los Angeles Daily News reports.
  • Free tuition: San Diego County education officials are paying $1 million for dozens of local early childhood teachers to get free higher education, The Los Angeles Times reports.
  • Los Angeles mayor's race: The billionaire businessman Rick Caruso has cut into Representative Karen Bass's lead since August, but he still trails by double digits among those who are likeliest to vote, The Los Angeles Times reports.
CENTRAL CALIFORNIA
  • Helicopter crash: A helicopter spun out of control and crashed in the front yard of a home in Fresno, injuring a pilot and a passenger, The Associated Press reports.
NORTHERN CALIFORNIA
  • Stockton shootings: Rewards totaling $85,000 have been offered for information leading to an arrest in five fatal shootings in Stockton that investigators believe are related, The Associated Press reports.
  • Bond measure: Berkeley leaders are asking voters to approve Measure L this fall, a $650 million bond that promises to repair the city's streets, build new affordable housing and improve wildfire safety, Berkeleyside reports.
  • Car falls off cliff: A man was critically injured after his car plunged off a winding, cliffside road south of San Francisco and landed on a beach below, The Associated Press reports.
Jessica Emily Marx for The New York Times

What we're eating

This photogenic fig tart will make you look like a pastry chef, though it's no more difficult than baking a pie.

A custom designer tent at Costanoa Coastal Lodge & Camp.LIZ HAFALIA/San Francisco Chronicle via AP

Where we're traveling

Today's tip comes from Heidi Eisips, who recommends Costanoa. Heidi writes:

"One of our favorite gems of a getaway is Costanoa, on the San Mateo County coast. A combination campground and lodge, it has something for everyone, from extremely affordable (campground and cabins) to more on the luxury end (lodge). The beach is just a short hike away across Highway 1, and you can round out your evening with a campfire and s'mores. Just up the road to the north are the quaint towns of Pescadero and San Gregorio (must visit the general store). And you can see the elephant seals just 3.8 miles to the south, at Año Nuevo State Park."

Tell us about your favorite places to visit in California. Email your suggestions to CAtoday@nytimes.com. We'll be sharing more in upcoming editions of the newsletter.

Tell us

It's officially fall. What do you love about the season in California? What are the best ways to enjoy fall in your corner of the state?

Email us at CAtoday@nytimes.com with your stories, memories and recommendations.

Vivian Chen Photography

And before you go, some good news

Bradley Evans met Jobina Fortson when he knocked on the door of her dorm room at Howard University looking to use her printer. Eleven years later, they were married at a villa in Sonoma.

The two started dating in college, but their relationship hit bumpy ground soon after their graduation. Fortson, who earned a bachelor's degree in journalism, relocated to Kentucky for an on-air reporting position. Evans, who received a bachelor's degree in chemical engineering, was hired at Goldman Sachs in New York, where he had interned. With him working traditional hours and her working weekends and often starting well before dawn, they had little time to connect.

The couple split in 2015, though they never entirely lost touch. By 2016, they had gotten back together with a plan to live in the same city. Two years later, Evans relocated to the Bay Area for a job at Google, and Fortson moved to the area and began freelancing at the ABC station in San Francisco. In March 2020, the week that California locked down because of the pandemic, they moved in together.

The couple married on Sept. 3 at the Chateau de Ninis, a French-inspired villa overlooking a panorama of vineyards. "It's been quite a journey," Evans said. "Jobina is loving, funny and extremely genuine, and after all these years, I can still find more reasons to love her."

Thanks for starting your week with us. We'll be back tomorrow.

Soumya Karlamangla and Briana Scalia contributed to California Today. You can reach the team at CAtoday@nytimes.com.

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