Democrats weigh expanding lower courts after Trump blitz

Democrats are mulling how to reshape the federal judiciary after Republicans moved at record speed to confirm conservative judges over the past four years.

Former President TrumpDonald TrumpKelli Ward rejects request for Arizona GOP race audit Gun sales on the rise amid pandemic uncertainty, Biden’s vow for gun reform Top Trump impeachment lawyer Bowers leaves team: reports MORE, aided by a GOP-controlled Senate, set the second-fastest pace on record for judicial appointments, allowing him to stack the courts with picks, including three Supreme Court justices, who were overwhelmingly white, younger and ideologically conservative. 

President Biden has 50 vacancies to fill: three on the influential circuit courts and 47 in district courts. That number will eventually grow, including an opening on the powerful D.C. circuit court once Merrick GarlandMerrick Brian GarlandDemocrats weigh expanding lower courts after Trump blitz Biden begins staffing commission to study Supreme Court reform: report Over 40 lawmakers sign letter urging Merrick Garland to prioritize abolishing death penalty MORE is confirmed as attorney general.

ADVERTISEMENT

As Democrats plot their strategy, they are floating expanding the number of lower court seats, an idea that could have some bipartisan support. 

“I have in the city of Buffalo a huge — they don’t have enough judges. There’s this long line before you can get to court because they don’t have enough. So we could expand those,” Senate Majority Leader Charles SchumerChuck SchumerProposal for permanent Capitol fencing sparks bipartisan pushback Immigration reform can’t wait Psaki expects DHS nominee Mayorkas to head task force to reunite separated families MORE (D-N.Y.) said during a recent interview with MSNBC’s Rachel MaddowRachel Anne MaddowDemocrats weigh expanding lower courts after Trump blitz Paul says Roberts’s absence ‘crystalized’ argument against Trump impeachment Psaki expects DHS nominee Mayorkas to head task force to reunite separated families MORE.

Sen. Dick DurbinDick DurbinDemocrats weigh expanding lower courts after Trump blitz Biden reignites immigration fight in Congress Biden immigration plans hit early snags MORE (D-Ill.), the majority whip and incoming Senate Judiciary Committee chairman, also appeared open to the idea, saying that a GOP senator had already raised the issue with him. 

“Interestingly enough, I had a Republican senator who approached me about expanding the number of federal judges in his state so there seems to be some sentiment that there [are] backlogs in the dockets of federal judges,” Durbin said. 

Expanding the number of court seats would require legislation in Congress, including GOP support in the Senate.

Sen. John CornynJohn CornynDemocrats weigh expanding lower courts after Trump blitz Biden reignites immigration fight in Congress Trump censure faces tough odds in Senate MORE (R-Texas) hasn’t discussed the issue with Durbin but said he is willing to discuss more lower court judgeships.

ADVERTISEMENT

“My state’s a big, growing state, and we’ve got huge caseloads. … I’d be open to having a conversation about that,” Cornyn said. 

Nominations need only a simple majority to be confirmed in the Senate after Democrats nixed the 60-vote filibuster for executive and lower court nominees in 2013 and Republicans got rid of the same threshold for the Supreme Court in 2017. Republicans also changed the rules in 2019 to reduce the amount of debate time for most executive nominees and district judges, a change that will now benefit Democrats. 

But Democrats will need to decide what to do about blue slips — the sheet of paper that indicates if home-state senators back a nominee, support that had been considered critical before the Trump administration.

Republicans ignored the blue slip for circuit court judges, infuriating Democrats and outside activists by moving Trump picks over their opposition. In addition to determining if they’ll follow the GOP precedent, senators are under pressure from outside groups to ignore them on district court nominations as well. 

“I think one of the tests is in the places where there is not a Democratic senator or in which there has been a tradition of blue-slipping district judges, how tough we’re prepared to be about not accepting bad faith failures to return a blue slip and just driving the nominees through,” said Sen. Sheldon WhitehouseSheldon WhitehouseDemocrats weigh expanding lower courts after Trump blitz OVERNIGHT ENERGY: Biden signs series of orders to tackle climate change | Republicans press Granholm on fossil fuels during confirmation hearing Hawley files ethics counter-complaint against seven Democratic senators MORE (D-R.I.), a senior member of the Senate Judiciary Committee, during an Alliance for Justice event. 

Durbin has not said how he will handle blue slips. 

Biden is starting his presidency with the fewest number of judicial vacancies since former President George H.W. Bush, according to FiveThirtyEight.

But Democrats are hinting that additional vacancies could be coming as judges who might have been wary of retiring during the Trump administration begin to take senior status, which would help Biden, who previously chaired the Senate Judiciary Committee, broaden his ability to shape the courts. 

Republicans publicly pressured GOP-appointed judges to step down last year as their control of the White House and the Senate GOP majority increasingly and accurately appeared in jeopardy. 

“There will be lots of vacancies that come up. And I think there are a lot of judges, Democratic appointees who didn’t take senior status while Trump was president who now will, and … then we get to fill it,” Schumer said. 

The federal courts have emerged as a growing lightning rod in recent years as the Senate has been buffeted by back-to-back Supreme Court fights and Democrats have faced growing pressure from their base to enact broad judicial reforms. 

Progressive have publicly pressured Justice Stephen BreyerStephen BreyerDemocrats weigh expanding lower courts after Trump blitz LIVE INAUGURATION COVERAGE: Biden signs executive orders; press secretary holds first briefing Sotomayor dissents to latest federal execution, calling it ‘justice on the fly’ MORE to retire so Biden can fill the seat while Democrats control the Senate. Breyer, 82, is the oldest Supreme Court justice who was appointed by a Democratic president. Breyer was appointed by former President Clinton, while Justices Elena KaganElena KaganDemocrats weigh expanding lower courts after Trump blitz Ex-Christie aide cleared by Supreme Court in ‘Bridgegate’ scandal running for local office LIVE INAUGURATION COVERAGE: Biden signs executive orders; press secretary holds first briefing MORE and Sonia SotomayorSonia SotomayorDemocrats weigh expanding lower courts after Trump blitz Overnight Defense: Army details new hair and grooming standards | DC National Guard chief says Pentagon restricted his authority before riot | Colorado calls on Biden not to move Space Command Exclusive ‘Lucky’ excerpt: Vow of Black woman on Supreme Court was Biden turning point MORE were appointed by then-President Obama and are 60 and 66, respectively. 

ADVERTISEMENT

Progressives are also trying to build pressure on Democrats to expand the Supreme Court. Republicans refused to give Garland, Obama’s final Supreme Court nominee, a hearing or a vote during an election year but then set a new record in 2020 for how close to an election a Supreme Court pick has been confirmed with Justice Amy Coney BarrettAmy Coney BarrettDemocrats weigh expanding lower courts after Trump blitz South Carolina Senate votes to outlaw most abortions in state Biden begins staffing commission to study Supreme Court reform: report MORE, Trump’s third nominee. 

Increasing the size of the Supreme Court would combine two politically controversial ideas, with the other being nixing the 60-vote legislative filibuster, something Senate Democrats don’t currently have the votes to do. Both the House and Senate would then have to pass legislation changing the size of the court, which has been at nine justices since 1869. 

Biden has started a commission to look at reforms to the Supreme Court and the federal judiciary.  

Schumer was noncommittal about the future of the Supreme Court, saying Democrats would wait to see what that group recommends. 

“As for the Supreme Court, that’s the big one, and President Biden has put together this commission to come up with a report in 180 days. We’re going to see what that commission says and go from there,” Schumer said. 

He added that while he was waiting to see the report, the Senate Democratic caucus was “torn” over the idea of adding seats to the Supreme Court. He would need the support of every member of the caucus to both nix the filibuster and vote to expand the Supreme Court. 

“You know, some are very much for it,” he said. “Some are against it.”

On The Money: Schumer vows Senate will take up 'bold' coronavirus bill, rejecting GOP offer | GOP senators, Biden send positive vibes after long WH meeting

Happy Monday and welcome back to On The Money. I’m Sylvan Lane, and here’s your nightly guide to everything affecting your bills, bank account and bottom line.

See something I missed? Let me know at slane@thehill.com or tweet me @SylvanLane. And if you like your newsletter, you can subscribe to it here: http://bit.ly/1NxxW2N.

Write us with tips, suggestions and news: slane@thehill.com, njagoda@thehill.com and nelis@thehill.com. Follow us on Twitter: @SylvanLane, @NJagoda and @NivElis.

ADVERTISEMENT

THE BIG DEAL—Schumer vows Senate will take up ‘bold’ coronavirus bill, rejecting GOP offer: Senate Majority Leader Charles SchumerChuck SchumerTwo-handed bipartisanship — the remedy for political tribalism Fallen Capitol Police officer to lie in honor in Rotunda Senate Democrats say consideration of cannabis reforms will be a priority MORE (D-N.Y.) vowed on Monday that the Senate would take up a “bold” coronavirus relief package, appearing to reject a smaller offer from Republicans. 

“Congress must pursue a bold and robust course of action. It makes no sense to pinch pennies when so many Americans are struggling,” Schumer said from the Senate floor.  

  • Schumer and House Speaker Nancy PelosiNancy PelosiBiden, GOP senators agree to more COVID-19 talks after ‘excellent’ first meeting McConnell says Taylor Greene’s embrace of conspiracy theories a ‘cancer’ to GOP, country On The Money: Schumer vows Senate will take up ‘bold’ coronavirus bill, rejecting GOP offer | GOP senators, Biden send positive vibes after long WH meeting MORE (D-Calif.) on Monday filed a joint budget resolution. It’s a first step that would allow Democrats to pass a coronavirus bill through reconciliation, enabling them to avoid a 60-vote Senate filibuster.  
  • The budget resolution includes instructions for crafting a $1.9 trillion coronavirus package, in line with the top-line figure proposed by President Biden. 

The decision to move forward with the reconciliation process comes as a group of 10 Senate Republicans will meet with Biden and Vice President Harris on coronavirus relief. The Hill’s Jordain Carney has more here.

Breaking down the Republican counteroffer: The Republican proposal totals $618 billion, according to details released by Collins’s office on Monday morning. That is roughly a third of the $1.9 trillion plan proposed by Biden and backed by congressional Democrats.

  • The proposal includes $160 billion in pandemic response funding, including protective equipment and more money for vaccine distribution. It also extends the $300 per week federal unemployment benefit through June 30.
  • The bill includes a $1,000 direct payment, compared to the $1,400 direct payment in Biden’s plans, with $500 for adult dependents and children. The proposal also lowers the income cap for qualifying for the direct assistance.
  • It also includes $20 billion in additional funding for schools, $20 billion in child care funding, an additional $50 billion in small business aid, $12 billion for nutrition assistance and $4 billion for behavioral health resources.

GOP senators cite progress in meeting with Biden: While Schumer has taken a hard line on a big bill, Republican senators walked away largely pleased after a two-hour meeting with Biden.

ADVERTISEMENT

  • The meeting took far longer than expected, and Sen. Susan CollinsSusan Margaret CollinsBiden faces crossroads on virus relief bill Biden, GOP senators agree to more COVID-19 talks after ‘excellent’ first meeting On The Money: Schumer vows Senate will take up ‘bold’ coronavirus bill, rejecting GOP offer | GOP senators, Biden send positive vibes after long WH meeting MORE (R-Maine) called summit “productive and useful.”
  • Biden and the Senate GOP cohort didn’t emerge with a deal, but were not expected to strike one. White House Press Secretary Jen PsakiJen PsakiBiden faces crossroads on virus relief bill Biden, GOP senators agree to more COVID-19 talks after ‘excellent’ first meeting On The Money: Schumer vows Senate will take up ‘bold’ coronavirus bill, rejecting GOP offer | GOP senators, Biden send positive vibes after long WH meeting MORE told reporters earlier Monday that the meeting would not be “”a forum for the president to make or accept an offer.”

LEADING THE DAY

Biden’s push for stimulus checks sparks income eligibility debate: President Biden’s push for more direct payments is sparking a debate over income thresholds for another round of stimulus checks.

  • Many Republicans and some centrist Democrats say any additional payments need to be more targeted toward lower-income households. They argue lower-income folks are most in need of relief and are more likely to spend the money quickly, providing a boost to the economy.
  • Progressives, meanwhile, insist that broad eligibility would make sure money gets out the door swiftly and help people who may have suffered steep drops in income during the pandemic.

Biden has signaled he is open to discussing income limits for additional checks in his $1.9 trillion coronavirus relief package, but he’ll face plenty of political pressure on both sides.

The Hill’s Naomi Jagoda breaks down the debate here.

While Biden is facing calls from his right to pare down stimulus checks, progressives are ready to push hard from the left on several of their priorities in his $1.9 trillion offer.

ADVERTISEMENT

  • Progressive Democrats are pushing a plan to ignore the Senate parliamentarian if she rules policies such as raising the minimum wage can’t be included in a budget reconciliation package.
  • Using the process would prevent Republicans from blocking a bill by ensuring one could pass with 50 Senate Democratic votes, and Vice President Harris breaking the tie.
  • A number of budget experts believe a minimum wage hike might not meet Byrd Rule requirements, and that the Senate parliamentarian could rule that it could not be included in a reconciliation package.

The Hill’s Niv Elis walks us through the arguments here.

Robinhood raises $2.4 billion over weekend after GameStop fury: The stock trading app Robinhood raised $2.4 billion over the weekend despite criticism it endured for pausing purchasing of some stocks popularized by online forums.

The day trading app’s Chief Financial Officer Jason Warnick said in a blog post Monday that the latest infusion “will help us scale to meet the incredible growth we’ve seen and demand for our platform.”

The background: 

  • Robinhood took heat last week after blocking users from purchasing stocks from GameStop, AMC and Blackberry, companies which were targeted by the Reddit subforum r/WallStreetBets.
  • The company has explained that it was forced to make that decision because the extra traffic on its product meant it had to put much more money into the clearinghouse that processes its trades. 
  • Traffic on Robinhood grew an unprecedented 1,200 percent last week, according to an analysis by Similar Web.

MARKET CHECK: Stocks bounced back Monday from a week of wild volatility and broad losses across the market.

The Dow Jones Industrial Average closed with a gain of nearly 230 points, rising 0.8 percent Monday. The S&P 500 rose 1.6 percent, and the Nasdaq rose 2.6 percent.

GOOD TO KNOW

  • A group of more than 50 House members is urging the IRS to use the information it obtained from a stimulus payment-related web tool to increase outreach about two tax credits that benefit low-income families who may not be aware of their eligibility.
  • President Biden’s $1.9 trillion coronavirus relief proposal would restore the economy to pre-pandemic levels by this summer, according to an analysis published Monday by S&P Global.
  • And the Congressional Budget Office (CBO) in a report released Monday projected that the COVID-19 relief package Congress passed in December will lead to the economy growing 1.5 percent faster on average in both 2021 and 2022.

ODDS AND ENDS

  • Google is set to pay nearly $2.6 million to settle allegations that it underpaid thousands of female workers and discriminated against female and Asian job applicants.
  • Corporate America is showing no signs of rushing to snatch up the vast majority of high-level Trump officials.

Pentagon chief orders militarywide 'stand-down' to tackle elusive issue of extremism

Defense Secretary Lloyd AustinLloyd AustinOvernight Defense: New START extended for five years | Austin orders ‘stand down’ to tackle extremism | Panel recommends Biden delay Afghanistan withdrawal Pentagon chief orders militarywide ‘stand-down’ to tackle elusive issue of extremism Navy unveils nearly 60 recommendations to counter racism, improve diversity MORE on Wednesday ordered a U.S. militarywide “stand-down” to address extremism in the ranks, an issue that has long stumped Pentagon leaders but came to the forefront after the Jan. 6 breach of the U.S. Capitol.  

The Defense Department is still scant on details on Austin’s decision, which came after he met with Joint Chiefs of Staff Chairman Gen. Mark MilleyMark MilleyOvernight Defense: New START extended for five years | Austin orders ‘stand down’ to tackle extremism | Panel recommends Biden delay Afghanistan withdrawal Pentagon chief orders militarywide ‘stand-down’ to tackle elusive issue of extremism Overnight Defense: FEMA asks Pentagon to help with vaccinations | US says Taliban has ‘not met their commitments’ | Army investigating Fort Hood chaplain MORE and the service secretaries and chiefs on Wednesday morning. Leaders are expected to hold “needed discussions” with subordinates about extremism in the next 60 days, top department spokesperson John Kirby told reporters at the Pentagon. 

Kirby added that more details are coming and that leadership still needs to provide specific guidance on the expectations of the stand-down. He could not say what Austin hopes to learn from the effort or his plans for after.

ADVERTISEMENT

“One of the reasons the secretary wants to do this stand-down is to see the scope of the problem. … We don’t want to overestimate or underestimate the number of people it might affect,” he said. 

“It may be more than we’re comfortable hearing and admitting and probably a lot less than the media attention surrounding it seems to suggest it could be. But where is it? It’s just not clear,” he added.

The move is a direct result of the events of Jan. 6, when supporters loyal to former President TrumpDonald Trump Pelosi pushing Newsom to pick Schiff for next California AG: report Palm Beach town attorney says Trump should be able to live at Mar-a-Lago Trump helipad at Mar-a-Lago to soon be demolished MORE — including some active-duty service members and veterans — violently stormed the U.S. Capitol in an attempt to prevent Congress from certifying President Biden’s election win.

Following the insurrection, it was discovered that nearly 1 in 5 people charged in connection with the riot have some form of military background.

Austin, the country’s first Black Defense secretary, pledged during his confirmation hearing that he would fight to “rid our ranks of racists and extremists.” The Pentagon, however, has little information about how deep the problem runs, making it difficult to take action.

ADVERTISEMENT

It is unclear whether the Pentagon tracks how many of its service members hold white nationalist or other extremist ideology or how many troops have been flagged or disciplined for extremist behavior.

Of the few data points available are those provided for 2020 by the FBI, which found that of 143 notifications of investigation the Pentagon received from the bureau of former and current military members, 68 concerned domestic extremism cases.

Defense officials have for years struggled to understand the issue of extremism among service members, though the Jan. 6 events “brought it into stark relief, and it’s very clear that it’s something we haven’t solved,” Kirby said.

The current Defense Department policy expressly prohibits military personnel from actively advocating for or participating in supremacist, extremist or criminal gang doctrine, ideology or causes, including fundraising or demonstrating at a rally as part of such groups, recruiting, training, organizing or leading members, or distributing material.

But Kirby said that there is not yet uniform understanding across the military as to how to define extremism and whether it includes belonging to a racist or violent ideological group such as the Proud Boys — a relatively new organization — or if it includes believing in or spreading patently false conspiracy theories such as those pushed by QAnon supporters. Austin hopes the stand-down will help the Pentagon pinpoint the answer.

“[Austin] too is frustrated that this is an issue and that we don’t have better visibility, better understanding of it,” Kirby said.

Samoa Joe's TNA Contract Expiring, Jay Lethal's Big Push To Continue & More

Source: Gerweck.net

– The future of the Marvel’s TNA action figure line may be decided this weekend at Toy Fair. Marvel has shown intrest in the WWE line whith their contract with Jakks expiring in 2009.

– Samoa Joe’s current TNA contract will expire in June of this year. Joe signed a 3 year deal with TNA in 2005. He was offered an extension in 2007 but rejected the deal. It should be interesting to see if Joe stays with TNA or looks “elsewhere” for a job.

– According to Mike Johnson, Jay Lethal’s major push is scheduled to continue. His merchandise has been a top seller and TNA is working on releasing more Black Machismo merchandise in the near future.

**RAW SPOILERS** For Tonight & PICTURES of a VERY PREGNANT Stephanie McMahon!