Georgia's restrictive new voting law hit with legal challenge

Voting rights groups on Thursday night filed a lawsuit just hours after Georgia enacted a Republican-crafted law that gives state lawmakers more power over elections and imposes a raft of new voting restrictions.

The 35-page complaint filed in federal court in Atlanta alleges that minority voters will be hit especially hard by the new legislation, which plaintiffs say illegally suppresses voters’ rights in violation of constitutional protections and the 1965 Voting Rights Act.

According to the lawsuit, the new restrictions are “clearly intended to and will have the effect of making it harder for lawful Georgia voters to participate in the State’s elections,” adding that the measure will impose “unjustifiable burdens” that disproportionately impact people of color, as well as young, poor and disabled voters.

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The lawsuit was filed shortly after Gov. Brian KempBrian KempDemocrats see Georgia as opening salvo in war on voting rights Tornado leaves at least 1 dead in Newnan, Georgia Bill Clinton on Georgia’s new voting restrictions: ‘An attack on our democracy’ MORE (R) signed a sweeping elections bill into law, tightening voting rules in the Peach State by limiting the use of ballot drop boxes and setting photo ID requirements for absentee voting, among other restrictions.

The GOP-controlled state General Assembly gave final approval to the measure in a party-line vote Thursday.

Democrats notched crucial victories in recent Georgia races, both in 2020 and earlier this year. The state sent two Democratic senators to Washington after a pair of January runoff elections handed Democrats a razor-thin majority in the Senate. In November, President BidenJoe BidenDemocrats see Georgia as opening salvo in war on voting rights MLB could move All-Star game from Georgia after controversial new voter restrictions Biden fires majority of DHS advisory council members MORE became the first Democratic presidential candidate to win Georgia since former President Clinton in 1992.

The new Georgia voting law is among dozens of measures being considered by state legislatures across the country after former President TrumpDonald TrumpDemocrats see Georgia as opening salvo in war on voting rights MLB could move All-Star game from Georgia after controversial new voter restrictions Biden fires majority of DHS advisory council members MORE lied repeatedly about the 2020 presidential election being stolen through widespread voter fraud, a claim that is not supported by evidence.

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The lawsuit was filed by voting rights groups New Georgia Project, Black Voters Matter Fund and Rise, Inc., and is backed by Democratic lawyer Marc Elias.

Updated at 11:07 a.m.

Democrats disappoint by not going after more Trump regs with CRA

Senate Democrats are planning to use their legislative authority to roll back just a handful of Trump-era regulations, disappointing some activists who hoped they would be more aggressive in using maneuvers to topple the former president’s legacy.

Senate Majority Leader Charles Shumer (D-N.Y.) announced Thursday that Democrats would use the Congressional Review Act (CRA) to overturn two different Trump-era regulations, one that weakened regulations on methane and another that limited workplace discrimination protections.

But by committing to attempt to nix just a few rules, Democrats are taking a sharp turn from the strategy employed by Republicans, who after Trump was elected used the act on 16 different regulations. 

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“I think it’s a powerful tool,” said Alison Kamhi, an attorney with the Immigrant Legal Resource Center who helped analyze which of the many Trump immigration regulations could be good CRA targets.

“It’s not the only tool, but it’s a tool, and you want to see the Democrats using every tool in the toolbox,” Kamhi added. “So I would have hoped for more rules to be introduced for potential CRA disapproval.”

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It’s possible more will be coming.

Democrats have introduced resolutions that would unwind two different Trump financial regulations, including one that significantly weakens predatory lending regulations. But so far Schumer hasn’t committed to a vote on either.

Democrats have some reason to be hesitant to use the CRA. Scrapping a rule reverts policy back to whatever was in place before it was adopted — which can leave weaker regulations in place.

There is also concern over statutory language in the CRA that then blocks the relevant agency from crafting another rule that’s substantially similar, a feature some fear could hinder future necessary regulation.

“The CRA is a blunt tool, so you have to be careful when you’re using it that you’re not going to tie the hands of the administration going forward,” said Aaron Weiss, deputy director of the Center for Western Priorities, which tracked Trump’s environmental rollbacks. 

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“So it’s not surprising that Congress is going to use it judiciously this year considering how quickly the Biden administration is moving to roll back Trump’s environmental legacy the right way,” he said.

The CRA process also eats up about 10 hours of floor time, something in short supply in the Senate after Trump’s second impeachment trial and various 30-hour holds placed on several of Biden’s nominees.

Still, Democrats could be giving up a significant number of opportunities if they just use the CRA twice.

A coalition of various advocacy groups identified 28 different Trump rules ripe for CRA use that they hoped the Senate would prioritize.

On the list: changes to the asylum process, a rule opening up logging in Alaska’s Tongass National Forest, a rule weakening unfair and deceptive practices regulations for airlines, and a rule that would have sunset all Department of Health and Human Services rules more than 10 years old if they weren’t reviewed within the next few years.

“It’s an extremely powerful tool because the alternative is typically to repeal through notice and comment rulemaking, and notice and comment rulemaking could take years and then that’s followed by one year of judicial review,” said Richard Revesz, a professor at New York University School of Law, who warned of legal challenges.

“The CRA allows for the definitive undoing of a bad policy very quickly.”

The two rules that will get a vote are ones Democrats view as particularly dangerous.

The methane rule short circuited existing regulations for the oil and gas industry, allowing them to spew heat-trapping methane — a gas several times more potent that carbon — into the atmosphere.

The other was an Equal Employment Opportunity Commission regulation that critics say tilted the scales in favor of employers fielding challenges from employees claiming they faced discrimination. 

To be successful, Democrats will have to wrangle votes from each of their 50 senators or secure Republican backing — a potentially heavy lift with such tight margins.

But advocates are also hopeful Schumer will see fit to bring additional CRA resolutions to the floor, regulations they argue won’t trip up any future rulemaking.

That includes an Office of the Comptroller of the Currency rule targeted by Sens. Chris Van HollenChristopher (Chris) Van HollenDemocrats disappoint by not going after more Trump regs with CRA Senators to unveil bill banning permanent Capitol fence SEC adopts measure aimed at cracking down on Chinese firms from US exchanges MORE (D-Md.) and Sherrod BrownSherrod Campbell BrownDemocrats disappoint by not going after more Trump regs with CRA American Rescue Plan: Ending child poverty — let’s make it permanent Meeting between Trump, Ohio Senate candidates turns tense: report MORE (D-Ohio).

“This is a terrible rule,” said Lauren Saunders, associate director of the National Consumer Law Center, who said the federal government has no right to help payday lenders skirt state laws that cap interest rates.

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“So the simplest thing to do is to just get rid of the rule.”

The bills came just in the nick of time. Public Citizen estimates lawmakers have until April 4 to file resolutions that comply with the law, leaving little time to file additional measures. Schumer has until mid-May to bring them to the floor before the CRA clock runs out.

Immigration advocates have yet to secure a CRA resolution for one of their top priorities — a regulation that barred asylum to those from any number of countries who passed through Mexico to arrive at the Southern border. It’s since been enjoined by the courts, but it has not yet been struck down.   

“The reason that was our top priority is because it’s a rule that could bar asylum eligibility for vast numbers of people, if it were to go into effect, and we’re not concerned about the potential effects of CRA disapproval because that’s a place where we don’t want there to be rules issued,” Kamhi said. “We don’t think there should be rules barring people from applying for relief based on where they transited through.”

Democrats may also not be eager to let Republicans set a precedent. The CRA had only been used once since it was first adopted in 1996 until the GOP heavily used it in 2017.

The Biden administration has already opted to use a number of more traditional tactics, using a “freeze” memo to block regulations that had not yet taken effect, while striking some internal memos and directives. They’ve also flipped positions on a number of existing challenges to Trump era regulations, leaving the courts as another viable path for striking many of them down.

That’s part of the reason Weiss doesn’t think Democrats should rely too heavily on the CRA.

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“They’re moving so quickly on everything else,” he said, and when there are bad regulations “the courts generally step in and do the right thing anyway. And when a court throws out a rule it tends to not tie the hand of the agency going forward. It just means they go back and do it right the next time.” 

But Revesz worries that Democrats are too cautious about the CRA language blocking any future regulation that is substantially similar. 

“I understand that argument floats around, but for this administration it shouldn’t be considered a bar even in cases where they actually want to replace a regulation,” he said. “Strengthening something not substantially the same as weakening something.”

White House canceled 50-person Interior Department party over pandemic concerns: report

The White House scrapped a 50-person Interior Department party that had been planned to celebrate Secretary Deb HaalandDeb HaalandOvernight Energy: Putin, Xi among leaders invited to White House climate summit | Kerry looks to private sector on climate change | White House reportedly canceled 50-person Interior Department party over pandemic concerns The outdoors are great, but not for all White House canceled 50-person Interior Department party over pandemic concerns: report MORE’s confirmation, Politico reported Friday.

Two sources told the news outlet that Interior chief of staff Jennifer Van der Heide wanted the event for the secretary’s friends and supporters, but that the White House’s Office of Cabinet Affairs canceled it before they were invited. 

A proposed catering menu seen by Politico said that the gathering was expected to have 50 attendees.

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The White House officials reportedly raised concerns about both COVID-19 and the optics of such a celebration. 

Spokespeople for the Interior Department and the White House declined The Hill’s request for comment.

An Interior spokesperson told Politico that “junior staff made soft inquiries for something that never happened.”

“That the new team conducted research and gathered estimates for potential future events and opportunities should not be shocking. There was no event at Interior,” the spokesperson said, adding that agency leadership has “diligently observed COVID protocols both in and out of the building.”

Catering was reportedly expected to be provided by New Mexico-style restaurant Anita’s of Northern Virginia, a nod to Haaland growing up in the state. 

The restaurant’s catering director Tiffany Tellez told the news outlet that she was contacted by a lower-level employee about catering earlier this month.

“She told me what she liked, made her a quote and recommended some stuff. She told me she was going to get some delivery instructions for me, but then she canceled before she gave me anything concrete,” Tellez said, according to Politico. 

She added that she was later told the event was canceled and that the 50-person event was too large.

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Study suggests pregnant vaccinated women pass immunity on to babies

A new study examining coronavirus vaccine response in pregnant and nursing women found that antibodies from mothers were present in their umbilical cord blood and breast milk, suggesting that inoculated women who are pregnant or breastfeeding may pass immunity on to babies.

The results suggested that “the baby does have protection; we just don’t know how long it will last,” Andrea Edlow, a co-author of the study, told NBC News.

The study also found that pregnant and breastfeeding women who receive the vaccine developed a “robust humoral immunity” to COVID-19, one that is comparable to women who are not pregnant or nursing.

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However, the study, published by the American Journal of Obstetrics & Gynecology was not meant to determine if the vaccine is safe for pregnant and nursing women to receive, Edlow noted to NBC News.

Edlow said its findings are essential for OB-GYNs and other doctors because pregnant and nursing women were largely left out of vaccine trials, which left medical professionals with “a complete lack of data.”

The Centers for Disease Control and Prevention, however, noted that experts believe vaccines “are unlikely to pose a specific risk for people who are pregnant,” based on how they work in the body. They did note though that there is limited data on the topic.

The study, which took place at two academic medical centers, included 131 reproductive-age women, including 84 who were pregnant, 31 who were lactating, and 16 who were not pregnant for a control group. The participants were administered two doses of either the Pfizer or Moderna COVID-19 vaccines.

On Feb. 18, Pfizer and BioNTech announced a new trial to test the safety and efficacy of the coronavirus vaccine in pregnant women.

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On The Money: Yellen defends raising taxes 'in a fair way' to fund infrastructure plan | Senate confirms Young as deputy budget director | Fed creates climate financial risk panel

Happy Tuesday and welcome back to On The Money, where we’re perplexed by Mega Virginia. 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.

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THE BIG DEAL—Yellen defends raising taxes ‘in a fair way’ to fund infrastructure plan:

Treasury Secretary Janet YellenJanet Louise YellenThe Hill’s Morning Report – Biden leans heavily into gun control On The Money: Yellen defends raising taxes ‘in a fair way’ to fund infrastructure plan | Senate confirms Young as deputy budget director | Fed creates climate financial risk panel Fed to form committee focused on climate risks to financial system MORE on Tuesday defended President BidenJoe BidenThe Hill’s Morning Report – Biden leans heavily into gun control Justice Dept. faces risks, rewards with riot sedition charges Dems plan to squeeze GOP over filibuster MORE’s expected push to raise taxes for corporations and high-earning individuals to help fund a massive infrastructure spending package as the economy recovers from COVID-19.

During an appearance before the House Financial Services Committee, Yellen said it’s essential for the U.S. “to raise revenues in a fair way to support the spending that this economy needs to be competitive and productive.” 

“A package that consists of investments in people, investments in infrastructure will help to create good jobs in the American economy and changes to the tax structure will help to pay for those programs,” she told lawmakers.

I’ll take you to the hearing here.

The background: 

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  • Biden is planning to propose roughly $3 trillion in spending focused on revamping U.S. infrastructure, creating more domestic manufacturing jobs, adapting the U.S. to climate-related risks and expanding education and job training.
  • The proposal will likely be paired with increases to the corporate income tax rate, the top individual income tax rate and taxes on capital gains.

The political divide: While Democrats are eager to make a massive investment in the U.S. economy, Republicans have fiercely criticized them for pursuing trillions more in spending after just passing a $1.9 trillion COVID-19 relief bill along partisan lines. GOP lawmakers also argue that raising taxes as the economy works to rebound from the pandemic will disrupt the recovery.

“We know that raising the corporate tax rate results in higher costs for small businesses, schools and American households,” said. Rep. Ann WagnerAnn Louise WagnerOn The Money: Yellen defends raising taxes ‘in a fair way’ to fund infrastructure plan | Senate confirms Young as deputy budget director | Fed creates climate financial risk panel Yellen defends raising taxes ‘in a fair way’ to fund infrastructure plan Former Missouri GOP Gov. Eric Greitens launches Senate bid MORE (R-Mo.). 

“Then why, as this country begins to reopen and recover economically, would the Biden administration be proposing tax policy which would in the end hurt the American family and millions of struggling small businesses?” she continued.

The implication: Biden and Democrats are unlikely to find much — if any — support from Republicans for their proposal and are expected to use budget reconciliation to pass the measure with just 51 votes in the Senate. Under this process, Biden could not afford a single defection from a Senate Democrat.

Read more on Biden’s infrastructure plan

  • A massive White House spending proposal on infrastructure and other domestic priorities is setting the stage for a potential lobbying blitz on Capitol Hill, particularly as more lawmakers embrace a return to earmarks, per The Hill’s Alex Gangitano.
  • A group of nearly 200 businesses worth a combined $539 billion is urging Congress to expand access to paid family and medical leave in the next spending package, reports The Hill’s Jonathan Easley.

 

LEADING THE DAY

Senate confirms Young as deputy budget director: The Senate on Tuesday confirmed Shalanda Young as the White House’s deputy budget director, even as plans to fill the top spot at the Office of Management and Budget (OMB) remain on hold.

  • Young, a former staff director for the House Appropriations Committee, was confirmed by a vote of 63-37.
  • Many Republicans who initially supported Young’s confirmation as the No. 2 at OMB withdrew their support after an initial round of confirmation hearings, citing objections to her support for repealing the Hyde Amendment,  which bars government funds from being used for abortions, in her written responses.

Young’s confirmation comes as the White House struggles to name a nominee to fill the top budget spot, which plays a central role in overseeing the executive branch.

The Hill’s Niv Elis explains here.

Who’s in the running? Since Tanden’s withdrawal, top House Democrats including Speaker Nancy PelosiNancy PelosiThe Hill’s Morning Report – Biden leans heavily into gun control Biden allies eye two-step strategy on infrastructure Progressives up pressure on Biden to back COVID vaccine patent waiver MORE (D-Calif.) have made a public push for Biden to offer Young the top budget job, but he’s been slow to name a new nominee.

  • Gene Sperling, a former director of the National Economic Council, had been floated for the job. Biden instead offered him a position in the administration overseeing the implementation of the $1.9 trillion COVID-19 relief law signed earlier in the month.
  • Ann O’Leary, another potential nominee who was most recently chief of staff to California Gov. Gavin NewsomGavin NewsomOn The Money: Yellen defends raising taxes ‘in a fair way’ to fund infrastructure plan | Senate confirms Young as deputy budget director | Fed creates climate financial risk panel Poll: Newsom beating recall effort Governor races to test COVID-19 response, Trump influence MORE (D), took herself out of the running earlier this week.

Some Asian American Pacific Islander (AAPI) advocacy groups are making a push for Biden to pick Nani Coloretti, who was deputy secretary of Housing and Urban Development in the Obama administration and is of Filipino descent. Her stock could rise after Sens. Tammy DuckworthLadda (Tammy) Tammy DuckworthThe Hill’s Morning Report – Biden leans heavily into gun control Duckworth drops threat to oppose Biden picks over diversity concerns Duckworth, Hirono vow to oppose Biden picks over diversity concerns MORE (D-Ill.) and Mazie HironoMazie Keiko HironoThe Hill’s Morning Report – Biden leans heavily into gun control House lawmakers fired up for hearing with tech CEOs Duckworth drops threat to oppose Biden picks over diversity concerns MORE (D-Hawaii) said on Tuesday that they would oppose Biden’s future nominees on the Senate floor over a lack of AAPI representation in his Cabinet.

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Fed to form committee focused on climate risks to financial system: The Federal Reserve will create a committee dedicated to understanding the ways climate change could upend the global financial system, a top official announced Tuesday.

Fed Governor Lael Brainard said in a Tuesday speech that the central bank’s new Financial Stability Climate Committee (FSCC) will focus on the potential threats climate change can pose to the broader financial world. 

While the Fed had already created a Supervision Climate Committee (SCC) to study the climate risks facing specific firms and the banking industry generally, Brainard said the new panel will focus on how climate-related disruptions could ripple through credit markets and other industries within the financial sector, causing a broader crisis.

I explain here.

The takeaway: The Fed’s new committee will dramatically expand the scope of its efforts to monitor and prepare for climate-related financial risks. While Democrats have praised the Fed for stepping up its climate oversight, Republicans have criticized the bank and warned officials against taking actions that could impede the oil and gas industry.

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ON TAP TOMORROW:

  • Treasury Secretary Janet Yellen and Federal Reserve Chairman Jerome Powell testify before the Senate Banking Committee on the federal response to the coronavirus recession at 10 a.m.
  • The House Oversight Committee holds a hearing on gender pay equity at 10 a.m.
  • A House Financial Services subcommittee holds a hearing on public housing and COVID-19 at 12 p.m.
  • The Senate Small Business Committee holds a hearing on oversight of the SBA’s pandemic economic relief programs at 2 p.m.
  • A House Agriculture subcommittee holds a hearing on the rural economy at 2 p.m.
  • The American Enterprise Institute hosts an event entitled “The Biden stimulus, the Federal Reserve, and the everything bubble” at 2 p.m.

 

GOOD TO KNOW

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  • Financial services company Charles Schwab terminated its membership with the U.S. Chamber of Commerce, the company said on Tuesday.
  • Sales of new homes plunged in February as harsh winter weather and supply issues interrupted a scorching hot housing market, according to data released Tuesday by the Commerce Department.
  • House Majority Whip Jim ClyburnJames (Jim) Enos ClyburnOn The Money: Yellen defends raising taxes ‘in a fair way’ to fund infrastructure plan | Senate confirms Young as deputy budget director | Fed creates climate financial risk panel Clyburn: Democrats are ‘going to run’ in 2022 on COVID-19 relief bill Two gun bills for law and order go to the Senate MORE (D-S.C.) said that Democrats are going to run on the passage of the American Rescue Plan in the 2022 midterm elections

 

ODDS AND ENDS

  • A bipartisan group of lawmakers on Tuesday introduced a bill that seeks to give states more money to address aging water infrastructure, putting funds toward reducing lead levels and projects to address the impacts of climate change. 

Environmental activist elected as Slovakia’s first female president

A liberal environmental activist has been elected as the first female president of Slovakia. Relative newcomer Zuzana Caputova had 58 percent of the vote with almost 95 percent of returns counted in Saturday’s runoff election, topping European Commission Vice President Maros Sefcovic, who had 42 percent.

Sefcovic conceded defeat and congratulated his rival. “I’m extremely happy about the result,” Caputova said. “It’s an extremely strong mandate for me,” she said.
“Zuzana, Zuzana,” her supporters chanted. Caputova, 45, has little experience in politics and attracted voters who are appalled by corruption and mainstream politics. She only recently became vice chairman of the Progressive Slovakia, a party so new it has not had a chance to run in parliamentary elections. Caputova resigned from her party post after winning the first round of the presidential vote two weeks ago. She framed the election as a struggle between good and evil, BBC News reports.  The election follows the murder of an investigative journalist last year. Caputova cited Jan Kuciak’s death as one of the reasons she decided to run for president, which is a largely ceremonial role. Kuciak was looking into links between politicians and organised crime when he was shot alongside his fiancée in February 2018.Caputova becomes Slovakia’s fifth president since the country gained independence after the split of Czechoslovakia in 1993. The president of the nation of 5.4 million people has the power to pick the prime minister, appoint Constitutional Court judges and veto laws. Parliament can override the veto with a simple majority, however. The government, led by the prime minister, possesses most executive powers.