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The Hill’s 12:30 Report — Supreme Court wraps up divisive term

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–> A midday take on what’s happening in politics and how to have a sense of humor about it.* 

*Ha. Haha. Hahah. Sniff. Haha. Sniff. Ha–breaks down crying hysterically.

NEWS THIS MORNING 

The EPA has to take a step back: 

The Supreme Court ruled to limit the Environmental Protection Agency’s (EPA) ability to regulate climate change. 

The ruling: 6-3 

The majority opinion’s reasoning: “The justices determined that Congress did not authorize the EPA to induce a shift toward cleaner energy sources using the approach that an Obama-era regulation sought to.” 

What this means, from The Hill’sRachel Frazin 

➤ ‘THE CASE IS A CRUCIAL MOMENT IN THE G.O.P. DRIVE TO TILT COURTS AGAINST CLIMATE ACTION.’: 

From the New York Times’s Coral Davenport 

But the court sided with Biden on immigration: 

“The Supreme Court ruled for the Biden administration Thursday in a dispute over a Trump-era immigration policy that requires U.S. asylum-seekers at the southern border to wait in Mexico while their applications are processed.”  

The ruling: 5-4 

Back story: “Former President Trump’s ‘Remain in Mexico’ policy, enacted in 2019, has remained in effect under President Biden despite his Department of Homeland Security’s (DHS) effort to end it. Lower courts, in response to a red-state legal challenge, have blocked DHS’s two attempts to unwind the policy. Under Trump, more than 70,000 asylum-seekers were returned from the U.S. to Mexico.”  

More context from The Hill’s John Kruzel 

➤HERE’S A LIST OF THE MAJOR SUPREME COURT DECISIONS THIS YEAR: 
From The New York Times’s Adam Liptak and Jason Kao 

And we have a new Supreme Court justice:

Ketanji Brown Jackson was sworn in as a Supreme Court justice after Justice Stephen Breyer formally retired. 

Who administered the oath?: Chief Justice John Roberts 

Tidbit from ABC’s Libby Cathey: “Her joining the court also will make it the first time four women will sit on the high court bench at the same time.”  

IT’S THURSDAY BEFORE THE HOLIDAY WEEKEND! I’m Cate Martel with a quick recap of the morning and what’s coming up. Did someone forward this newsletter to you? Sign up here.

📍 In Madrid

Filibuster, schmilibuster: 

President Biden held a press conference this morning to conclude the NATO summit in Madrid. 

On abortion rights: Biden called for an exception to the filibuster in order to codify federal abortion rights. 

In Biden’s words: “The most important thing to be clear about is I believe we have to codify Roe v. Wade in the law, and the way to do that is to make sure the Congress votes to do that. … And if the filibuster gets in the way, it’s like voting rights, it should be we provide an exception for this, requiring an exception to the filibuster for this action to deal with the Supreme Court decision.”

🔎 Jan. 6

Stephen Bannon doesn’t love the spotlight: 

Former Trump adviser Stephen Bannon has asked for his trial over contempt of Congress to be delayed because of all the attention the Jan. 6 hearings have gained. 

Timing: The trial is scheduled for July 18. Bannon’s lawyers are requesting it be moved to Oct. 25. 

From Bannon’s attorneys: “Public impact is not limited to the hearings themselves, but to the media coverage that magnified the hearings. In Washington, DC, where trial will take place — and where the acts alleged in the Indictment took place — every major media outlet treated the hearings as a top news story.” What we know 

The investigation is getting closer and closer to Trump: 

Via The Hill’s Rebecca Beitsch and Harper Neidig, “The same-day searches of lawyers John Eastman and Jeffrey Clark indicate the Department of Justice (DOJ) is scrutinizing former President Trump’s closest allies in his 2020 election schemes.”  

Who is Eastman?: “Eastman was a Trump campaign attorney who drafted memos suggesting former Vice President Mike Pence had the legal authority to buck his ceremonial duties to certify the election results.”  

And what is Clark’s role?: “Trump was prepared to install Clark, a DOJ lawyer, to forward investigations into his baseless claims of election fraud.” 

When were their houses raided?: The FBI raided Clark’s home in Virginia on June 22, followed by a search of Eastman’s home in New Mexico that same day. 

What we know about the raids 

➤ TIDBIT — ADAM KINZINGER IS NOT HAPPY WITH THE DOJ: 

Rep. Adam Kinzinger (Ill.), one of the two Republicans on the Jan. 6 committee, says he is “frustrated” with the pace of Justice Department’s indictments of the Jan. 6 investigation.

🏛 In the Supreme Court 

Where do Democrats stand on expanding the court?: 

“The Supreme Court’s ruling striking down Roe v. Wade, along with other decisions this term that infuriated Democrats, are fueling a fresh round of calls to reform the court.” 

But Democratic lawmakers aren’t on board so far: “Democratic lawmakers are largely steering clear of such talk for fear of looking radical ahead of a midterm election where the strategy is to paint Republicans as extremists.” 

A small number of senators are pushing for expanding the court — for example: “Sen. Ed Markey (D-Mass.), a leading Senate progressive, on Tuesday seized on the court’s recent decisions to renew his call to expand the court.” 

And his colleague from Massachusetts also wants court reforms: “Sen. Elizabeth Warren (D-Mass.) on Tuesday also called for the abolition of the Senate filibuster to make it easier to reform the court.” 

Where other Democrats stand, via The Hill’s Alexander Bolton

🗳 2024 talk 

Murmur, murmur, mur-Hillary Clinton-mur, murmur: 

“The overturning of Roe v. Wade by a Supreme Court that includes three judges nominated by Donald Trump, along with devastating Tuesday testimony to the Jan. 6 panel about the former president’s temper tantrums as a mob attacked the Capitol, have Clinton and her allies seeing new vindication in her 2016 warnings about the mistake of electing Trump.” 

^ Which leads some to wonder: If Clinton could run for a third time. 

From one former aide: “This moment couldn’t be better for her. Everything she warned us about has happened, just as she said.” 

How this could play out, via The Hill’s Amie Parnes 

➤ TIDBIT — TRUMP ISN’T OPPOSED TO RUNNING WITH RON DESANTIS: 
In an interview with Newsmax, former President Trump said he has a good relationship with Florida Gov. Ron DeSantis (R) when asked about the possibility of sharing a 2024 presidential ticket. 

In Trump’s words: “Well, I get along with him. I was very responsible for his success, because I endorsed him and he went up like a rocket ship.”  

Where DeSantis stands: “While DeSantis has played off speculation about a 2024 presidential bid as a false narrative, he’s also declined on multiple occasions to rule out a run, even if Trump ultimately decides to launch a comeback campaign.” The full story from The Hill’s Max Greenwood

🦠 Latest with COVID

➤ BY THE NUMBERS 

Cases to date: 87.1 million 

Death toll: 1,012,166 

Current hospitalizations: 27,346 

Shots administered: 593 million 

Fully vaccinated: 66.9 percent of Americans 

CDC data here.

🐥Notable tweets

Omg, this lunch looks vile:

Presidential historian Michael Beschloss tweeted, “Nixon’s last lunch at White House, 1974. Record shows that although he was leaving Presidency against his will, he did not throw this plate at the wall.” Photo of Nixon’s last White House lunch

⏱On tap

The House and Senate are out. President Biden is on his way back to Washington, D.C. Vice President Harris is in California.

• 4 a.m.: Biden attended a meeting of the North Atlantic Council Session No. 3. 
• 9:40 a.m.: Biden left for Washington, D.C. 
• 5:40 p.m.: Biden returns to the White House. 
• 6:35 p.m.: Harris speaks at a Democratic National Committee (DNC) finance reception in Los Gatos, Calif. 
• 9:15 p.m.: Harris speaks at a DNC reception in San Francisco. 
• 10:20 p.m.: Harris flies to Los Angeles.

 All times Eastern.

📺What to watch

• 8 a.m.: Biden held a press conference in Madrid, Spain. Livestream 

🍹 In lighter news

Today is National Mai Tai Day! 

This sounds like the start to a ‘Stranger Things’ plot: 

Via WPVI-TV, a vintage Burger King was found behind a wall at a mall in Wilmington, Del.

How have others not seen it?: “The relic is located on the first floor of the mall, and is only accessible via a key from a staffer. So, it’s not visible to those passing by.” 

Footage of the old Burger King found behind a wall 

Photo of the old BK 

And to brighten your Thursday afternoon, here’s a dog auditioning for Pixar.

Source: TEST FEED1

Filmmaker says ‘rational conversation’ with Trump not possible after Jan. 6

A filmmaker whose clips of the Jan. 6, 2021 Capitol insurrection and interviews with members of the Trump family gained national attention as part of the House panel investigation into the attack said its no longer possible to have a “rational conversation” with former President Trump. 

Alex Holder, who sat for a deposition with the House Jan. 6 Select Committee last week, said in an interview published Wednesday with New York magazine that Trump now seemed to be “utterly irrational” and living in an alternate reality.

Holder interviewed Trump on multiple occasions, including twice after the Jan. 6 insurrection. 

“It’s very scary when people start to believe their own lies and when you can’t have a rational conversation with them — that’s when things become very dangerous,” he said. 

Holder said earlier this month that Trump would not recognize his role in encouraging the rioters who went to the Capitol on the day of the attack or accept any responsibility for what happened. 

Holder’s comments follow the Jan. 6 committee’s latest public hearing with Cassidy Hutchinson, a former special assistant to Trump’s last chief of staff, Mark Meadows. 

During her testimony, Hutchinson said Trump was repeatedly warned that his pushes to overturn the results of the 2020 presidential election were illegal and could lead to violence. She also said that Trump was aware that members of the crowd at his rally before the riot were armed. 

Holder said those around Trump in the time before and after the attack had different views on his efforts to overturn the election. He said some were hopeful that Trump would be successful, while others were strongly opposed to his efforts and others were indifferent. 

“There was a sense of people feeling a bit scared of him,” he said. 

Holder said the violence that occurred on Jan. 6 was “inevitable” based on the rhetoric that Trump and his family were embracing. He said his film focuses on Trump and his three eldest children, Don Jr., Ivanka and Eric. 

The filmmaker said he believes the family let him film them because they expected Trump to win and wanted Holder to capture the victory. He also said not being part of the “media fabric” that they distrusted may have helped gain their trust. 

Holder said on a Yahoo News podcast on Wednesday that Trump is incapable of recognizing that his claims of voter fraud are false and is living in “cloud cuckoo land.” He said his recordings show Trump genuinely believes his claims. 

“Donald Trump is not a rational player. I mean, he just isn’t,” he said.

Source: TEST FEED1

Ketanji Brown Jackson sworn in as Supreme Court justice

Ketanji Brown Jackson on Thursday was sworn in as a Supreme Court justice, officially making her the nation’s first Black woman to serve in the role.

She will fill the seat being vacated by the retiring Justice Stephen Breyer, 83, whose previously announced departure after nearly 28 years on the bench took effect Thursday at noon.

– Developing

Source: TEST FEED1

Congressional climate hawks demand action after 'alarming' Supreme Court decision

The climate hawk wing of the Democratic party took aim Thursday at a Supreme Court ruling that severely curtailed the Environmental Protection Agency’s authority to regulate carbon emissions. 

In the 6-3 ruling, the court found Congress did not give the EPA the powers contained in the Obama-era Clean Power Plan to regulate power plants using a “best system of emissions reduction.” 

Reactions largely echoed those of Democratic lawmakers to last week’s ruling overturning the 1973 Roe v. Wade decision on abortion rights, with some legislators calling to expand the court and others calling for Congress to pass legislation codifying the the EPA’s authority to tackle climate change.

Rep. Alexandria Ocasio-Cortez (D-N.Y.) called the ruling “catastrophic” and said it illustrated the need for an overhaul of the filibuster. “A filibuster carveout is not enough. We need to reform or do away with the whole thing, for the sake of the planet,” she tweeted shortly after the release of the 6-3 ruling. 

House Energy Committee Chair Frank Pallone (D-N.J.) said in a statement that the ruling “makes a mockery of the clear separation of powers outlined in our Constitution and subverts decades of settled law.”  

“The Clean Air Act is emphatically clear that EPA has both the authority and the obligation to protect public health and regulate dangerous air pollution like greenhouse gases,” Pallone added. “The Supreme Court’s blatant dismissal of the will of Congress is an alarming display of hubris, the consequences of which will be felt far beyond this case. 

Unlike many of his colleagues, Pallone suggested an aggressive climate agenda could still be carried out by the EPA after the decision, writing “EPA continues to have many powerful tools at its disposal and there is more both Congress and the President can do to meet the climate crisis head-on.”

Sen. Ron Wyden (D-Ore.), meanwhile, said in a memorandum Thursday morning that the ruling could only be countered through legislation and showed the need for the clean energy tax credit bill he has spearheaded. 

“The Supreme Court’s effort to protect polluters that spew poison into our air and water continues apace,” he wrote. “The Republicans on the Supreme Court are not going to allow any meaningful administration efforts to combat climate change. It’s crystal clear. The only way to tackle this problem is through congressional action, which is why it’s so important that Congress pas our clean energy tax credit package.” 

Meanwhile, Sen. Ed Markey (D-Mass.), who has staked out a position as among the most aggressive Democrats in the Senate on climate issues, tweeted Thursday “For our planet, for our rights, and for our very future, expand the Supreme Court.”

In a longer statement, Markey expanded on the call to add seats to the court, writing “Today’s ruling lets polluters turn back the clock on fifty years of reduced pollution and improved air quality all across the country. The result of this dangerous decision is an EPA that is undermined in its ability to protect the public from harmful pollution and greenhouse gas emissions.” 

“We cannot sit by as a captured, illegitimate, and far-right Supreme Court majority eviscerates the authorities that the government has had for decades to address greenhouse gas pollution from fossil fuels and prevent climate chaos,” he added. 

Sen. Jeanne Shaheen (D-N.H.) called the ruling “a significantly damaging environmental decision” and also called for legislation to shore up the powers at issue. 

“The consequences will impact our health, our economy and the planet that our children and grandchildren will inherit. It’s as important as ever for Congress to step up to pass meaningful legislation to address the climate crisis and speed our transition to a clean energy economy,” she said.  

Ocasio-Cortez, Pallone, Wyden, Markey and Shaheen were all among the nearly 200 Congressional Democrats who joined an amicus brief in January on the side of the EPA in the case. 

Source: TEST FEED1

Read full text: Supreme Court decision curbing EPA climate powers

The Supreme Court on Thursday curbed the Environmental Protection Agency’s (EPA’s) ability to regulate climate change, setting limits on how the agency can deal with power plants.

In a 6-3 decision, the majority ruled that Congress did not authorize the EPA to induce a shift to cleaner energy sources using the approach that an Obama-era regulation sought to.

Read the court’s decision below.

Source: TEST FEED1

Watch live: Ketanji Brown Jackson sworn in as Supreme Court justice, Breyer retires

Ketanji Brown Jackson will be sworn in as a Supreme Court justice on Thursday afternoon. Brown will replace Justice Stephen Breyer.

The event is scheduled to begin at 12:00 p.m. ET.

Watch the video above.

Source: TEST FEED1

Here's what Americans plan to do this Fourth of July

Fourth of July celebrations are right around the corner, leaving millions of Americans with a three-day weekend to attend cookouts, watch fireworks or visit family and friends.  

A new online YouGov survey, measuring the online responses of 1,500 U.S. adults, found Americans plan to attend some form of gathering, whether at barbecue with friends or a smaller party with family. Yet about a third of those surveyed said they plan to stay home and relax, while 4 percent will be travelling. 

Smaller numbers plan to use the holiday weekend to do chores, and 9 percent of participants plan to do personal yard work and landscaping projects.  

But others whose holiday time is spent working will be on the clock for their employer with 8 percent saying they have have to work. 

America is changing faster than ever! Add Changing America to your Facebook or Twitter feed to stay on top of the news. 

Analysts predict that Americans whose holiday weekend plans include barbecues will feel inflation’s pinch as they expect the average cookout price to increase by 17 percent, or about $10 from last year’s cost. 

American Farm Bureau Federation analysts said the price hikes stem from ongoing supply chain disruptions, inflation and the war in Ukraine. 

Consumers this holiday weekend will see a 36 percent rise in the price of two pounds of ground beef and a 33 percent hike on the price of 2 pounds of boneless, skinless chicken breasts. A pack of 8 hamburger buns increased by 16 percent.  

But, overall, Americans plan to spend less this year, according to a separate survey. The recent survey from personal finance website WalletHub shows two-thirds of Americans plan to spend less on holiday celebrations than last year.  

READ MORE STORIES FROM CHANGING AMERICA 

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MOST SAY COST OF LIVING IS HOLDING THEM BACK FROM AMERICAN DREAM 

Source: TEST FEED1

Senate Democrats push revised drug pricing plan as they prep larger Biden spending package

Senate Democrats plan to submit a revised proposal to lower prescription drug prices for a key procedural review in the coming days as they press forward with preparations for a vote on President Biden’s economic package.  

Lawmakers have made some revisions to a deal to lower drug prices and plan to submit it to the Senate parliamentarian in the coming days for a review of whether it can pass muster with the chamber’s complicated rules for avoiding a Republican filibuster, a source familiar said. 

The move is a sign of Democrats’ preparations for a vote on Biden’s signature domestic policy package, which will have lowering drug prices at the center.  

The renewed push on drug prices was first reported by The Washington Post.  

Importantly, though, there is still no deal between Senate Majority Leader Chuck Schumer (D-N.Y.) and Sen. Joe Manchin (D-W.Va.) on the other major pieces of the package: tax and energy policy.  

Passing the legislation through reconciliation would bypass a Republican filibuster but require the support of all 50 Democrats in the evenly split upper chamber.

Manchin has long said he supports action on drug prices, so that issue has not been the major obstacle to a deal with him.  

Schumer has told senators that if a broader deal can be reached, the package could get a vote “as early as late July,” the source familiar said.  

There do not appear to be drastic changes to the drug pricing provisions that passed the House as part of its package in November, after a deal was reached with a group of moderate Democrats including Sen. Kyrsten Sinema (D-Ariz.).  

That basic outline would allow Medicare to negotiate lower prices for a limited subset of older drugs, prevent drug companies from raising prices faster than inflation, and cap out of pocket drug costs for seniors on Medicare at $2,000 per year.  

According to a summary obtained by The Hill, the revised proposal would begin the Medicare negotiations in 2023. It would also expand financial assistance to help low-income seniors with their Medicare drug premiums.  

The revised measure also closes what Democrats worried was a loophole that could allow a secretary of Health and Human Services in a Republican administration to refuse to negotiate for lower drug prices as envisioned by the bill. The revised proposal requires that the Secretary negotiate for the maximum number of drugs allowed each year. 

Asked about the revised drug pricing proposal, Sam Runyon, a Manchin spokeswoman, said: “Senator Manchin has long advocated for proposals that would lower prescription drug costs for seniors and his support for this proposal has never been in question. He’s glad that all 50 Democrats agree.”  

Another key health care policy, to extend enhanced ObamaCare subsidies that provide extra help to people in affording their premiums, remains up in the air. Manchin has been publicly noncommittal on including it.   

Source: TEST FEED1

Abortion ban temporarily blocked in Kentucky

Kentucky’s abortion ban on Thursday was temporarily blocked by a state court, allowing the medical procedure to resume in the wake of the Supreme Court overturning Roe v. Wade. 

A Kentucky “trigger” law, which effectively bans the procedure in the state unless it is needed to save the patient’s life was blocked after Jefferson Circuit Judge Mitch Perry after he granted a restraining order to both.

“We’re glad the court recognized the devastation happening in Kentucky and decided to block the commonwealth’s cruel abortion bans. Since the Supreme Court overturned Roe last Friday, numerous Kentuckians have been forced to carry pregnancies against their will or flee their home state in search of essential care,” the leaders of Planned Parenthood Federation of America, Planned Parenthood Great Northwest, Hawai’i, Indiana, Kentucky, ACLU, and ACLU of Kentucky said in a statement. 

Kentucky Attorney General Daniel Cameron (R) criticized the decision, saying the state would be challenging the decision.

“In the wake of an historic victory for life at the nation’s highest court, today, one judge in Kentucky has, without basis in the Kentucky Constitution, allowed two clinics to resume abortions. We cannot let the same mistake that happened in Roe v. Wade, nearly 50 years ago, to be made again in Kentucky. We will be seeking relief from this order,” he said in a statement. 

The development comes following the U.S. High Court’s ruling last week to eliminate the constitutional right to an abortion, leading a patchwork of states to begin banning the medical procedure.

Some state abortion laws in places like Utah and Texas have had to have their enforcement paused amid legal challenges that were filed in the wake of the Supreme Court’s decision. 

Source: TEST FEED1