Dozens arrested during protest of oil pipeline in Minnesota

Police arrested more than 160 people who were protesting the construction of the Line 3 oil pipeline in Northern Minnesota on Monday, an activist group confirmed to The Hill on Tuesday.

Around 164 people have been arrested and charged with trespassing on public utility and critical infrastructure, according to the National Lawyers Guild.

Hubbard County police started to arrest protesters late Monday after some used a fishing boat, bamboo and a steel cable to block the pathway of the construction site, The New York Times reported. Other protesters climbed on top of diggers and transformers boxes, chaining themselves to the machinery.

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About 2,000 protesters gathered over the weekend to protest the $9 billion pipeline expansion by Canadian company Enbridge. The Line 3 pipeline would carry thousands of barrels of oil into Minnesota’s watersheds and tribal lands.

“It’s tragic that 100-plus American citizens have to get arrested to stop a Canadian corporation from ravaging the north,” said Winona LaDuke, executive director of the Native conservation group Honor the Earth. “It’s a sorrowful day in Minnesota when a foreign corporation can finance repression, including the use yesterday of a federal helicopter to execute a dangerous and unnecessary tactical maneuver to everyone on the ground — and in the air! We hope that our Indigenous rights to exist are protected by the Biden administration.”

A Enbridge spokesperson said in a email to The Hill that their crews were able to get back to the site on Tuesday, adding that 44 workers had to evacuate from the site. 

“Our first priority is the safety of all involved – our workers, men and women in law enforcement and the protestors themselves. It should be noted that protest affected work at just this site, and construction continued yesterday and today across dozens of worksites in the five construction zones that stretch across northern Minnesota,” Enbridge said in their statement to The Hill.

“To date, protests have had little impact on the project’s construction schedule which is on track to be completed and in service in the fourth quarter of this year. Enbridge operations were unaffected.”

The Times reported that authorities appeared to use a sonic device known as an LRAD (Long Range Acoustic Device) to disperse the crowd of protesters on Monday, and used bolt cutters to cut protesters loose from the machinery.

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Hubbard County Sheriff Cory Aukes said that authorities “arrested a lot of people,” adding “it’s up to them how long this gets drawn out,” the Times reported. The sheriff said that if space in the county jail runs out, protesters would be transferred to neighboring counties.

Actress Jane Fonda on Tuesday called on President BidenJoe BidenHouse Judiciary Democrats call on DOJ to reverse decision on Trump defense Democratic super PAC targets Youngkin over voting rights Harris dubs first foreign trip a success amid criticism over border MORE and his administration to halt the construction of the pipeline, saying Biden hasn’t done “enough” on pipelines.

The Hill has reached out to the sheriff’s office for further comment.

— Zack Budryk contributed.

Updated at 6:37 p.m.

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GOP divided over bills targeting tech giants

House Republicans are publicly sparring over several high-profile antitrust bills that have bipartisan support, signaling a bumpy road ahead for the legislation.

The House Judiciary Committee on Wednesday is slated to vote on five bipartisan measures targeting Big Tech, but the panel’s top Republican, Rep. Jim JordanJames (Jim) Daniel JordanHillicon Valley: Biden, Putin agree to begin work on addressing cybersecurity concerns | Senate panel unanimously advances key Biden cyber nominees | Rick Scott threatens to delay national security nominees until Biden visits border Trump, allies pressured DOJ to back election claims, documents show The tale of the last bipartisan unicorns MORE (Ohio) and Minority Leader Kevin McCarthyKevin McCarthyGOP increasingly balks at calling Jan. 6 an insurrection House Democrats’ campaign arm raises almost million in May Five takeaways on the Supreme Court’s Obamacare decision MORE (Calif.) are bashing the bills as a Democratic-led partisan power grab.

“Democrat impeachment managers don’t care about conservative censorship. Their next big mission? Empower Big Tech and Big Government to make it worse,” Jordan tweeted Wednesday, after lawmakers in both parties touted the legislative package.

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That drew a swift rebuke on Twitter from Rep. Ken BuckKenneth (Ken) Robert BuckWhite House backs repeal of 2002 war authorization House unveils antitrust package to rein in tech giants Roy introduces bill blocking Chinese Communist Party members from buying US land MORE (R-Colo.), the ranking member on the antitrust subcommittee who is cosponsoring the bills.

“Using antitrust laws to stop Big Tech’s bad behavior isn’t Big Government, it’s law enforcement,” Buck said.

While the Republican infighting is unlikely to prevent the bills from advancing in the House, the GOP division could have bigger ramifications in the 50-50 Senate, where at least 60 votes are needed to advance most legislation.

The House bills are the culmination of the antitrust panel’s blockbuster report released last year alleging that Alphabet, Amazon, Apple and Facebook abuse their market power. The report outlined policy recommendations, but failed to get Republican support.

The proposals in the five bills released this week, however, represent a “scalpel, not a chainsaw” approach to revamping antitrust laws, Buck said at a press conference this past week.

“We see this as a starting point and we are open to making these bills better, both here and on the Senate side together. If we don’t start somewhere, we don’t do something, the problem becomes much, much bigger,” he said.

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Buck is also pitching the bills as a way to go after social media platforms, appealing to fellow Republicans who allege that tech companies are suppressing conservative voices.

“For my conservative friends concerned about Big Tech’s power over information and speech, the only way to stop this power is through antitrust reform,” Buck said.

The bills aim to overhaul antitrust laws by giving federal regulators greater authority to rein in alleged monopolies. Some of the measures have a better chance of moving forward than others.

The Merger Filing Modernization Act, which would increase the filing fees paid to antitrust agencies for merger reviews, has a companion bill in the Senate that was attached to the U.S. Innovation and Competition Act that passed the upper chamber earlier this month.

The House version, introduced by Rep. Joe NeguseJoseph (Joe) NeguseHouse unveils antitrust package to rein in tech giants Overnight Health Care: House Democrats pressure Biden to expand Medicare | Intel community: Competing COVID-19 origin theories not ‘more likely than the other’ | WHO: Africa in ‘urgent need’ of 20 million second vaccine doses 70 percent of House Democrats pressure Biden to expand Medicare in American Families Plan MORE (D-Colo.), is co-sponsored by Rep. Victoria Spartz (R-Ind.), who acknowledged that while she’s backing the merger filing bill, she does not support the antitrust agenda in totality.

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“I might not agree with all of the bills in this package — and I don’t. I might not agree with why we have monopoly problems, oligopoly problems, but we do have these problems. And not just in Big Tech,” she said, noting issues of market power also in health care and hospitals.

Rep. Darrell IssaDarrell Edward Issa’If this thing qualifies, I’m toast’: An oral history of the Gray Davis recall in California House Republicans urge opposition to vaccine patent waiver Republicans need to stop Joe Biden’s progressive assault on America MORE (R-Calif.), another Judiciary Committee member who has been critical of the proposals, said there are some aspects of the bills that have merit. He noted how one of the bills would add interoperability and data portability requirements.

But Issa said he is largely concerned that the bills take a narrow scope in targeting Amazon, Apple, Facebook and Google.

“The premise that big is bad, or that we should have legislation that defines companies being treated differently simply because they’ve grown to a certain value, I think that’s inherently bad legislation. And I looked forward to a markup where I think that we should insist on some of that being changed,” Issa told The Hill.

The bills stipulate that affected companies would include platforms with at least 50 million U.S.-based monthly active users or 100,000 U.S.-based monthly active business users, as well as those that have a market capitalization greater than $600 billion.

Asked whether Microsoft would be targeted under the definition of the legislation, House Antitrust Subcommittee Chair David CicillineDavid CicillineHillicon Valley: House targets tech giants with antitrust bills | Oversight chair presses JBS over payment to hackers | Trump spokesman to join tech company | YouTube suspends GOP senator House unveils antitrust package to rein in tech giants On the Money: Tech giants face rising pressure from shareholder activists | House Democrats urge IRS to reverse Trump-era rule reducing donor disclosure | Sen. Warren, Jamie Dimon spar over overdraft fees at Senate hearing MORE (D-R.I.) said that determination would be up to enforcement agencies.

The proposals would also give greater authority to the Department of Justice and Federal Trade Commission (FTC) to rein in the market power of the companies.

Issa said the bills are a “potentially large power grab by the executive branch.”

GOP concerns over the additional power given to the FTC is further fueled by the Biden administration’s naming of Big Tech critic Lina KhanLina KhanBig Tech critic Lina Khan named chair of the FTC Senate Commerce Committee advances Biden’s FTC nominee Lina Khan Biden to nominate antitrust scholar Lina Khan as FTC commissioner MORE to chair the agency just hours after she was confirmed by the Senate in a 69-28 vote.

Still, Khan garnered support from numerous Republicans, including leading tech critic Sen. Josh HawleyJoshua (Josh) David HawleyPence heckled with calls of ‘traitor’ at conservative conference Five takeaways on the Supreme Court’s Obamacare decision Senate confirms Biden pick for No. 2 role at Interior MORE (Mo.).

The GOP divisions are also pitting Trump allies against each other. Jordan is among the most vocal critics of the bills, while Trump ally Rep. Matt GaetzMatthew (Matt) GaetzKinzinger: Conspiracy theory FBI planned Jan. 6 example of ‘legacy of Trump and Trumpism’ 21 Republicans vote against awarding medals to police who defended Capitol Florida congressional candidate says opponents conspiring to kill her MORE (R-Fla.) is a co-sponsor.

McCarthy’s criticism, meanwhile, focuses on issues like free speech and government authority.

“The House Republican plan to confront big tech won’t be influenced by anything other than the commitment to free speech and free enterprise,” Mark Bednar, a spokesman for McCarthy, told the Wall Street Journal, adding that the legislative package “only gives Democrats in the federal government more power to tip the scales.”

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Bednar did not respond to The Hill when asked about alternative proposals to address antitrust reform.

Outside groups say Republicans need to take action of some kind against Silicon Valley.

“Republican leaders need to decide whether they represent their constituents and conservatives, or they represent woke Big Tech billionaire monopolists in Silicon Valley,” said Mike Davis, founder and president of the conservative advocacy group Internet Accountability Project (IAP).

IAP has been sending emails to supporters, urging them to call Republicans on the Judiciary Committee to support the bills.

“I think their constituents are going to help change their minds. McCarthy and Jordan, especially Jordan, proclaim they are these champions of conservatives and great warriors against Big Tech, when in reality they’re doing Big Tech’s bidding,” Davis said.

Tech industry groups that name the tech giants among their members, including NetChoice and Chamber of Progress, have bashed the proposals.

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Buck pledged earlier this year to reject donations from Facebook, Google, Amazon, Apple and Twitter.

Jordan accepted a $5,000 donation from Google for his 2020 reelection campaign. He has accepted thousands of dollars from Google in election cycles over the past decade, according to the Federal Election Commission (FEC).

Asked about Jordan’s donations from Google, a spokesperson for the congressman pointed to Jordan’s Fox News interview last year when he defended accepting donations from the Silicon Valley giant.

“If Google gives me a few thousand dollar check, God bless them, that doesn’t change who I am,” Jordan said.

McCarthy also accepted $5,000 from Google in the 2020 election cycle, as well as thousands of dollars from Amazon, Facebook and Google over the last decade, according to FEC records.

Neither McCarthy nor Jordan would qualify to receive donations from Amazon, Facebook or Google now as the tech companies have paused donations to lawmakers who voted against certifying the results of the presidential election.

Despite the backlash to the bills, Cicilline and Buck touted the bipartisan support that led to the proposals.

“Republicans and Democrats don’t agree on much these days, but we agree on the need to take on these unregulated Big Tech monopolies,” Cicilline said at Wednesday’s press conference.

“We would not be here today without the support of so many men and women on both sides of the aisle. We’re showing that bipartisanship is still possible in this day and age.”

Company officially nixes Keystone XL pipeline

The company behind the Keystone XL pipeline announced on Wednesday that it’s officially scrapping the project after President BidenJoe BidenWhite House announces major boost to global vaccine supply U.S. in talks to buy Moderna’s COVID-19 vaccine to send abroad: report Pentagon to consider authorizing airstrikes in Afghanistan if country falls into crisis: report MORE nixed a border-crossing permit for it. 

A statement from TC Energy said that after “a comprehensive review of its options, and in consultation with its partner, the Government of Alberta, it has terminated the Keystone XL Pipeline Project.”

“We value the strong relationships we’ve built through the development of this Project and the experience we’ve gained,” François Poirier, the company’s president and CEO, said in a statement. 

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The company also said that it will work with regulators and others to safely terminate the project. 

The news was first reported by the Washington Examiner. 

On his first day in office, Biden decided to revoke the key permit for the project, garnering cheers from many environmental and indigenous groups and ire from conservatives.

In an executive order doing so, Biden argued that the proposed oil pipeline “disserves” the U.S. national interest and that “leaving the Keystone XL pipeline permit in place would not be consistent with my Administration’s economic and climate imperatives.”

Since then, a cohort of states with Republican attorneys general sued Biden over the decision. 

Wednesday’s news reignited GOP criticism of Biden over his decision. 

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“This is devastating news for our economy, jobs, environment and national security—and it’s entirely President Biden’s fault. It’s beyond clear that President Biden is beholden to extreme environmentalists,” Sen. Steve DainesSteven (Steve) David DainesCompany officially nixes Keystone XL pipeline OVERNIGHT ENERGY: Biden ends infrastructure talks with key Republican | Colonial Pipeline CEO grilled over ransomware attack | Texas gov signs bills to improve power grid after winter storm Republicans grill Biden public lands agency pick over finances, advocacy MORE (R-Mont.) said in a statement. 

Former President TrumpDonald TrumpFormer House Republican to challenge DeWine for Ohio gubernatorial nomination GOP senators press Justice Department to compare protest arrests to Capitol riot Overnight Defense: Austin directs classified initiatives to counter China | Biden emphasizes alliances in speech to troops | Lockdown lifted at Texas base after reported shooting MORE had championed the vessel, which would have shipped carbon-intensive tar sands oil from Canada to the U.S. across 1,200 miles. 

He issued a permit allowing it to cross the border during the first months of his presidency.  

The vessel’s proponents say it would have brought jobs and revenue, while opponents argue that the country shouldn’t import tar sands oil, and tribes have said the Trump administration ignored their treaty rights when approving the pipeline.

Updated at 5:29 p.m.

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Canadian police: Driver planned attack on Muslim family

Canadian authorities on Monday said the alleged driver behind a truck attack that killed four members of a Muslim family planned the incident beforehand.

Authorities said that Nathaniel Veltman, 20, ran into five members of a Muslim family on Sunday in London, Ontario, after he drove over the curb, Reuters reports. Veltman was arrested after the attack and has been charged with four counts of first-degree murder and one count of attempted murder.

The four people who died were Syed Afzaal, 46; his wife, Madiha Salman, 44; the couple’s 15-year-old daughter, Yumnah Afzaal; and Afzaal’s grandmother, who not was named. Syed Afzaal and Salman’s 9-year-old son, Faez Afzaal, is currently hospitalized with serious, but non-life-threatening, injuries.

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As The Associated Press reports, members of the victims’ extended family released a statement soon after the attack.

“Everyone who knew Salman and the rest of the Afzal family know the model family they were as Muslims, Canadians and Pakistanis,” the statement read. “They worked extremely hard in their fields and excelled. Their children were top students in their school and connected strongly with spiritual their identity.”

“This young man who committed this act of terror was influenced by a group that he associated with, and the rest of the community must take a strong stand against this, from the highest levels in our government to every member of the community,” they added.

Detective Supt. Paul Waight of the London Police Service said on Monday that police have not determined if Veltman is a part of any hate groups, but stated that the he had planned the attack. Authorities said they were exploring potential terrorism charges against Veltman.

London Mayor Ed Holder has said that the flags in the city would be lowered for three days, the AP reports.

Pakistani Prime Minister Imran Khan on Twitter Tuesday called the attack an “act of terrorism” and an indication of “growing Islamophobia in the West.”

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“I am deeply saddened by the murder of a Pakistani-Canadian Muslim family in the London area of Ontario. This reprehensible act of terrorism is a sign of the growing Islamophobia in the West, which needs to be addressed by the international community as a whole,” Khan wrote.

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Biden warns of 'potentially deadlier' delta variant, urges public to get vaccine

President BidenJoe BidenObama: Ensuring democracy ‘continues to work effectively’ keeps me ‘up at night’ New Jersey landlords prohibited from asking potential tenants about criminal records Overnight Defense: Pentagon pulling some air defense assets from Middle East | Dems introduce resolution apologizing to LGBT community for discrimination | White House denies pausing military aid package to Ukraine MORE on Friday pleaded with Americans who have not yet gotten vaccinated against COVID-19 to do so as soon as possible, citing the danger posed by the new delta variant.

“Even while we’re making incredible progress, it remains a serious and deadly threat,” Biden said in remarks from the White House, saying that the new variant leaves unvaccinated people “even more vulnerable than they were a month ago.”

“It’s a variant that is more easily transmissible, potentially deadlier and particularly dangerous for young people, but the good news is we have the solution,” Biden continued, adding that the “science and the data are clear” that vaccines are the most effective form of protection against the variant.

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Biden encouraged Americans who have lingering questions about the vaccine to consult friends, family members and their doctors. He noted the various steps the administration has taken to make getting the vaccine as convenient as possible, such as partnering with Uber and Lyft to offer free rides to vaccination sites through July 4.

“We’re heading into, God willing, the summer of joy, the summer of freedom,” Biden said. “On July 4, we are going to celebrate our independence from the virus as we celebrate our independence of our nation. We want everyone to be able to do that.”

Centers for Disease Control and Prevention (CDC) Director Rochelle WalenskyRochelle WalenskyOvernight Health Care: Biden touts 300 million vaccine doses in 150 days | Biden warns of ‘potentially deadlier’ delta variant | Public option fades with little outcry from progressives Biden warns of ‘potentially deadlier’ delta variant, urges public to get vaccine Watch live: White House COVID-19 response team holds briefing MORE said earlier Friday that the delta variant would likely become the dominant strain in the U.S. over the next two or three months. The variant is the most contagious yet and more likely to cause severe illness in those who have not been vaccinated.

Biden also used the remarks to tout the progress that the U.S. has made in vaccinating its population, noting the decline in cases, hospitalizations and deaths. He marked a new milestone of 300 million coronavirus vaccine doses administered in his first 150 days in office.

The president has set a goal of having 70 percent of U.S. adults with at least one dose of vaccine by the Fourth of July, though he appears increasingly likely to fall short of that goal. Currently, 65 percent of Americans 18 years old and over have had at least one dose of vaccine.

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Biden emphasized on Friday that 15 states have met the benchmark so far.

He balanced the positive message of progress with a warning, noting that the states where vaccination rates are lower are not seeing the same sharp declines in cases and hospitalizations.

“As I promised you from the beginning, I’ll always give it to you straight, the good, the bad and the truth, and the truth is that deaths and hospitalizations are drastically down in places where people are getting vaccinated, but unfortunately cases and hospitalizations are not going down in many places in the lower-vaccination-rate states. They’re actually going up in some places,” Biden said. 

“Please, please, if you have one shot, get the second shot as soon as you can,” he said. “If you haven’t gotten vaccinated yet, get vaccinated. Now. Now. Don’t put it off. It’s free, it’s easy. It’s convenient.” 

CDC eases COVID-19 cruise restrictions, recommends only fully vaccinated people travel

The Centers for Disease Control and Prevention (CDC) has amended its travel advisory guidance on cruise ships, recommending that only vaccinated individuals travel.

The announcement Wednesday adjusted cruise travel from a level 4 “very high,” which advises that all people avoid traveling, to level 3 “high,” which promotes travel among only those who have been fully vaccinated. The CDC also asks that people who are unvaccinated avoid travel in level 3. 

The CDC advises people going on a cruise to get tested one to three days before their trip and three to five days after they return. The CDC said if people who are still not fully vaccinated decide to go on a cruise, they should quarantine themselves, even if they get tested.

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“In addition to testing, passengers who are not fully vaccinated should self-quarantine for 7 days after cruise travel, even if they test negative. If they do not get tested, they should self-quarantine for 10 days after cruise travel,” reads the CDC’s guidance,

The updated guidance comes just days before the first post-pandemic cruise ship is scheduled to leave the U.S. The Royal Caribbean Group’s Celebrity Edge is set to sail from Port Everglades on June 26. 

It’s welcomed news for an industry that suffered serious financial losses during the pandemic. One example is Royal Caribbean Group, which reported in February that it lost $5.8 billion in 2020; the year prior, it had net income of $1.9 billion.

Schumer says Senate will vote on repealing 2002 war authorization

Majority Leader Charles SchumerChuck SchumerSenate panel unanimously advances key Biden cyber nominees Overnight Energy: Schumer to trigger reconciliation process Wednesday | Bipartisan bill would ban ‘forever chemicals’ in cosmetics | Biden admin eyes step toward Trump-era proposal for uranium reserve GOP senator: I want to make Biden a ‘one-half-term president’ MORE (D-N.Y.) on Wednesday vowed that the Senate will vote on repealing the 2002 Iraq War authorization, marking the first time he has announced his support for the measure.

“The Iraq War has been over for nearly a decade and authorization passed in 2002 is no longer necessary in 2021. … It no longer serves a vital purpose in our fight against violent extremists,” Schumer said from the Senate floor.

“I strongly and fully support repealing the 2002 authorization for the use of military force in Iraq,” he said. “It is my intention as majority leader to bring this matter to a floor vote this year.”

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Schumer’s support provides a significant boost to repeal proponents after a years-long stalemate over trying to repeal or place new restrictions on a president’s war authority. The House advanced a repeal measure during the previous Congress but it went nowhere in the Senate, which at the time was controlled by Republicans.

Wednesday’s floor speech comes as the Senate Foreign Relations Committee announced the same day that it will vote next week on legislation from Sens. Tim KaineTimothy (Tim) Michael KaineManchin meets with Texas lawmakers on voting rights Overnight Defense: Biden, Putin agree to launch arms control talks at summit | 2002 war authorization repeal will get Senate vote | GOP rep warns Biden ‘blood with be on his hands’ without Afghan interpreter evacuation Manchin opens door to supporting scaled-down election reform bill MORE (D-Va.) and Todd YoungTodd Christopher YoungOn The Money: Yellen, Powell brush off inflation fears | Fed keeps rates steady, upgrades growth projections Overnight Defense: Biden, Putin agree to launch arms control talks at summit | 2002 war authorization repeal will get Senate vote | GOP rep warns Biden ‘blood with be on his hands’ without Afghan interpreter evacuation Bipartisan infrastructure group grows to 20 senators MORE (R-Ind.) to repeal the 1991 and 2002 authorizations for the use of military force (AUMFs).

“I believe it is well past time for the U.S. Congress to meet its obligation by repealing these open-ended AUMFs that are subject to abuse. … I am grateful for Senators Kaine and Young’s leadership in this effort and look forward to taking up their bipartisan legislation at the committee’s June 22 business meeting,” Senate Foreign Relations Committee Chairman Robert MenendezRobert (Bob) MenendezSchumer says Senate will vote on repealing 2002 war authorization The Hill’s Morning Report – Biden-Putin meeting to dominate the week Sanders drops bid to block Biden’s Israel arms sale MORE (D-N.J.) said in a statement.

The House is voting this week to repeal the 2002 Iraq War AUMF. The White House announced its support for that bill on Monday.

“The administration supports the repeal of the 2002 AUMF [authorization for the use of military force], as the United States has no ongoing military activities that rely solely on the 2002 AUMF as a domestic legal basis, and repeal of the 2002 AUMF would likely have minimal impact on current military operations,” the White House said Monday in a statement of administration policy.

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CDC can't regulate cruises: judge

A federal in Florida judge on Friday ruled that the Centers for Disease Control and Prevention’s (CDC) coronavirus-era sailing orders were an overreach of power, issuing a preliminary injunction temporarily barring the CDC from enforcing the guidelines. 

Judge Steven Merryday for the Middle District of Florida in his ruling sided with the Sunshine State in its argument that the “CDC’s conditional sailing order and the implementing orders exceed the authority delegated to CDC.” 

As a result, Merryday approved Florida’s motion for a preliminary injunction suspending the mandatory guidelines for cruise ships, writing that the CDC is “preliminary enjoined from enforcing against a cruise ship arriving in, within, or departing from a port in Florida the conditional sailing order and the later measures.” 

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The injunction will stay in place until July 18, at which point the “conditional sailing order and the measures promulgated under the conditional sailing order will persist as only a non-binding ‘consideration,’ ‘recommendation’ or ‘guideline,’” as they are for other industries like restaurants, railroads and hotels, according to the ruling.  

The cruise industry had previously been under a conditional sailing order issued by the CDC since the end of October, under which cruise lines were required to commit to a phased approach of implementing testing and other safety measures before they could start sailing. 

The conditional sailing order followed the end of the CDC’s no-sail order amid the coronavirus pandemic, and the CDC last month released the final guidance for cruise lines to apply to run test ships with voluntary passengers. 

Merryday wrote in his ruling Friday, “never has CDC conditioned pratique as extensively and burdensomely as the conditional sailing order; and never has CDC imposed restrictions that have summarily dismissed the effectiveness of state regulation and halted for an extended time an entire multi-billion dollar industry nationwide.” 

“In a word, never has CDC implemented measures as extensive, disabling, and exclusive as those under review in this action,” he added. 

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Friday’s ruling resulted from an April lawsuit filed by Florida Gov. Ron DeSantisRon DeSantisFormer Fla. Gov calls for an investigation into the state’s ‘outsized role’ in the Jan. 6 riot The Hill’s Morning Report – ObamaCare here to stay Florida pardons residents fined or arrested for mask violations MORE (R) on behalf of the state against the CDC and Health and Human Services Secretary Xavier BecerraXavier BecerraSanders ‘delighted’ DeSantis asked White House to import Canadian prescription drugs Feehery: It’s for the children New Alzheimer’s drug sparks backlash over FDA, pricing MORE, arguing that the sailing orders and health requirements issued by the CDC for cruise lines were “arbitrary and capricious” and amounted to an unconstitutional overstepping of the agency’s authority. 

DeSantis, who has long railed against coronavirus safety restrictions, praised the judge’s Friday ruling, writing in a statement issued by his office, “The CDC has been wrong all along, and they knew it.” 

“The CDC and the Biden Administration concocted a plan to sink the cruise industry, hiding behind bureaucratic delay and lawsuits,” he continued. “Today, we are securing this victory for Florida families, for the cruise industry, and for every state that wants to preserve its rights in the face of unprecedented federal overreach.”

The Hill has reached out to the CDC for comment on Friday’s ruling.

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Senate crafts Pelosi alternative on drug prices

Senate Democrats are crafting their own proposal to lower prescription drug prices, an alternative to Speaker Nancy PelosiNancy PelosiDemocrats try to pin down Manchin on voting rights The Hill’s 12:30 Report – Presented by Facebook – Senate releases Jan. 6 report Manchin unmoved after ‘constructive’ meeting with civil rights groups MORE’s (D-Calif.) plan, amid doubts about whether the far-reaching House bill can get all 50 Senate Democrats on board.

Senate Finance Committee Chairman Ron WydenRonald (Ron) Lee WydenSenate passes long-delayed China bill Shareholders to pressure Thomson Reuters on cutting ties with ICE Some US billionaires had years where they paid no taxes: report MORE (D-Ore.) is taking the lead in working on the proposal, but Senate Majority Leader Charles SchumerChuck SchumerBiden talks reconciliation with Schumer as infrastructure negotiations falter Biden ends infrastructure talks with key Republican White House: Biden considers Manchin a friend despite latest policy break MORE’s (D-N.Y.) staff has also been meeting with outside groups and is engaged on the issue, according to people familiar with the conversations.

The flurry of activity indicates that lowering prescription drug prices is a top priority for Democrats and could be included in an upcoming legislative package along with President BidenJoe BidenHouse Judiciary Democrats call on DOJ to reverse decision on Trump defense Democratic super PAC targets Youngkin over voting rights Harris dubs first foreign trip a success amid criticism over border MORE’s priorities on infrastructure and other issues in the American Jobs Plan and American Families Plan. 

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But the party will have to figure out how to bridge the divide between their progressive and moderate wings on drug prices, given that they cannot lose a single Senate Democrat on party-line votes. 

Some moderate Democrats have raised concerns with how far the House bill, known as H.R. 3, goes in cracking down on drug prices, and the Senate bill is expected to be less far-reaching, though the details are far from finalized.

“I’m spending a lot of time talking to senators,” Wyden told reporters on Tuesday. “I spent a fair amount of time during recess trying to find an approach that produces some real common ground.” 

Asked about getting moderate Democrats on board, Wyden said: “Each side is going to have to give. I mean that’s, heaven forbid, how you legislate.” 

In addition to the usual question marks of Sens. Joe ManchinJoe ManchinDemocrats try to pin down Manchin on voting rights OVERNIGHT ENERGY: Biden ends infrastructure talks with key Republican | Colonial Pipeline CEO grilled over ransomware attack | Texas gov signs bills to improve power grid after winter storm On The Money: Biden ends infrastructure talks with Capito, pivots to bipartisan group | Some US billionaires had years where they paid no taxes: report | IRS to investigate leak MORE (D-W.Va.) and Kyrsten SinemaKyrsten SinemaOVERNIGHT ENERGY: Biden ends infrastructure talks with key Republican | Colonial Pipeline CEO grilled over ransomware attack | Texas gov signs bills to improve power grid after winter storm On The Money: Biden ends infrastructure talks with Capito, pivots to bipartisan group | Some US billionaires had years where they paid no taxes: report | IRS to investigate leak Biden talks reconciliation with Schumer as infrastructure negotiations falter MORE (D-Ariz.), drug pricing advocates have focused on moderate Democrats including Sens. Bob MenendezRobert (Bob) MenendezSanders drops bid to block Biden’s Israel arms sale Sanders push to block arms sale to Israel doomed in Senate Schumer tactics on China bill reveal broader trade strategy MORE (N.J.) and Tom CarperThomas (Tom) Richard CarperBipartisan infrastructure talks on life support Bipartisanship is dead — Republicans killed it Bipartisan group of senators introduces surface transportation bill MORE (Del.). 

Menendez, who represents a state home to many pharmaceutical companies, voted against a measure to allow Medicare to negotiate drug prices in the Senate Finance Committee in 2019. 

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The Democratic group Protect Our Care on Tuesday sent out a press release pointing to new polls showing support for lowering drug prices among voters specifically in the home states of these lawmakers: Arizona, Delaware, New Jersey and West Virginia.  

“What I have seen time and time again is that we seek to draw revenue from the pharmaceutical industry, but then we don’t put it into lower prices [for consumers],” Menendez told The Hill on Monday, saying he had discussed his concerns with Wyden. “So unless I see the connection to lower prices, I’m not going to be supportive of anything.” 

Carper, meanwhile, said that he is pushing for reviving a bipartisan bill from Wyden and Sen. Chuck GrassleyChuck GrassleyThe ticking filibuster: How to stop ‘minority rights’ from becoming ‘minority rule’ Overnight Health Care: Biden ‘very confident’ in Fauci amid conservative attacks | House Dems press Biden on global vaccinations | CDC director urges parents to vaccinate adolescents Biden sheds hawkish past on deficit with debt-laden budget MORE (R-Iowa) from 2019. That measure does not include the ability for Medicare to negotiate drug prices, though, so it would fall far short of what many Democrats want. 

The core of the House bill, which passed that chamber in 2019 and is a top priority for Pelosi, is allowing the secretary of Health and Human Services to negotiate lower prices. Wyden said he supports that idea in broad terms, and some form of negotiation is expected to be a part of the Senate bill. 

But some moderate Democrats think the details of how the House bill carries out negotiations go too far. In particular, before there is any negotiation, the House bill caps drug prices based on the prices paid in certain other wealthy countries, a provision that some moderates view as going too far. They say that provision, known as international reference pricing, is the government simply setting prices, not negotiating them.

“International reference pricing is characterized as negotiation, but it’s really not, it really just says that if prices in other places are a certain level, we set the price at this level; that’s not negotiation,” said Rep. Scott PetersScott H. PetersBipartisan ‘family visitor visa’ — unneeded and unwise Overnight Health Care: CDC approves Pfizer vaccine for adolescents aged 12-15 | House moderates signal concerns with Pelosi drug pricing bill | Panel blasts COVID-19 response House moderates signal concerns with Pelosi drug pricing bill MORE (D-Calif.), who helped lead a letter with 10 moderate House Democrats last month raising concerns with the House bill’s consequences for drug companies’ ability to innovate and develop new drugs. 

Peters added that as it is currently written, the House drug pricing bill “won’t pass the Senate” and that he would not vote for it in its current form in the House either. 

The Senate bill could remove the international reference pricing provision, sources say. 

Illustrating the complex dynamics at work, though, a Pelosi spokesman defended the international reference pricing provision on Tuesday. 

“Polling consistently shows that stopping Big Pharma’s outrageous practice of charging Americans three times or more than they charge for the same medicines overseas is one of the most popular parts of HR3 among Republican and Independent voters, which is one of the reasons the bill has overwhelming support across Americans of all political parties,” said Henry Connelly, the Pelosi spokesman. 

Another point of debate among Democrats is whether to apply the lower prices from negotiation to people who get their insurance outside of Medicare, through their employers. The House bill applies the lower prices to people with private insurance plans too, significantly broadening its scope. 

Wyden said Tuesday it would be “fair to say” there is not a consensus on whether to include that provision in the Senate measure. He said senators are also discussing how to structure the mechanism for Medicare to negotiate prices.

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The Senate measure is expected to take the contours of the 2019 Grassley-Wyden legislation and add some form of negotiation to it, meaning Republicans are not expected to support it. 

Even among the moderate Democrats, there is not a consensus approach. Rep. Jake Auchincloss (D-Mass.), who co-led the letter last month with Peters, said that he will support whatever the final drug pricing legislation put forward by Democrats is, a different approach than Peters. 

“I’ve said repeatedly to people who have asked me: I am going to vote for what the Democrats bring to the floor,” he told The Hill.  

He said, though, that he is working with Pelosi’s office to try to make changes to the bill, in part by bringing in pharmacy benefit managers, not just drug companies themselves, to try to lower patients’ out of pocket costs.  

The savings from drug pricing, around $500 billion over 10 years from the House bill, could then be used for other health care priorities, like adding dental, vision and hearing benefits to Medicare, or lowering the Medicare eligibility age to 60, which progressives are pushing for. 

But a scaled-down Senate bill would likely produce less savings. 

Sen. Debbie StabenowDeborah (Debbie) Ann StabenowSchumer tactics on China bill reveal broader trade strategy Senators shed masks after CDC lifts mandate Let America’s farmers grow climate solutions MORE (D-Mich.) said Tuesday that she would “love to” be able to get $500 billion in savings in the Senate bill as well, but added: “I don’t know if it’s possible; that’s what we’re working on.”

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Dow falls more than 500 points, capping worst week since October

The Dow Jones Industrial Average closed Friday with a loss of more than 500 points, falling 1.6 percent to finish its worst week of losses since 2020.

The Dow finished this week down 3.5 percent, its steepest five-day loss since October. The S&P 500 index closed with a loss of 1.3 percent Friday and the Nasdaq closed down 0.9 percent.

While all three indexes are still well above their starting points in 2021, the three consecutive days of losses have brought them below record highs set earlier this year.

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Stocks have fallen steadily since Wednesday after the Federal Reserve upgraded its median projection of annual inflation to 3.4 percent from 2.4 percent.

A growing number of Fed officials also expect the central bank to begin raising interest rates from the current baseline of zero to 0.25 percent, but not until 2022 at the soonest.

The Fed was bound to begin raising interest rates at some point after 2021 with the U.S. economy on track to recover most, if not quite all of the jobs lost to the coronavirus pandemic by the end of next year.

Even so, the sooner launch date for Fed rate hikes spooked some investors since rising borrowing costs tend to suppress stock market activity.

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