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Senate confirms Gorsuch to Supreme Court, giving Trump big win


The Senate on Friday confirmed Neil Gorsuch to the Supreme Court, giving President Trump the biggest victory of his first 100 days in office. The 54-45 vote caps a bitter political battle that began with the death of Justice Antonin Scalia more than a year ago and resulted in the Senate triggering the “nuclear option,” breaking Democrats’ blockade and ending filibusters for Supreme Court nominees.

Three Democrats facing reelection next year in strongly pro-Trump states voted for Gorsuch: Sens. Joe Manchin (W.Va.), Heidi Heitkamp (N.D.), and Joe Donnelly (Ind.).

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But two Democrats facing reelection in 2018 in states Trump won by double digits — Sens. Claire McCaskill (Mo.) and Jon Tester (Mont.) — voted no, a reflection of Trump’s slumping approval rating among independents and the boiling rage of the Democratic base over his 2016 electoral victory.

Gorsuch will be sworn in as the Supreme Court’s 101st associate justice on Monday. 

Chief Justice John Roberts is set to administer the Constitutional Oath in a private ceremony at 9 a.m., and Justice Anthony Kennedy will administer the oath at a public ceremony at the White House later in the morning.

Senate Democratic Leader Charles Schumer (N.Y.) said the fight will leave a scorch mark on the Senate because Republicans employed the nuclear option.

“It will make this body a more partisan place. It will make the cooling saucer of the Senate considerably hotter, and I believe it will make the Supreme Court more of a partisan place,” Schumer said on the Senate floor Friday.

Senate Majority Leader Mitch McConnell (R-Ky.), however, argued that the change to the filibuster, which Republicans made with a party-line vote Thursday, would restore the Senate to its tradition of not filibustering judicial nominees.

He praised Gorsuch’s credentials Friday as “sterling,” his record as “excellent” and his judicial temperament as “ideal.” He said he wished “that important aspects of this process had played out differently” but held out hope that “today is a new day” and that Democrats would not hold a grudge as the chamber considers other priorities this year.

“I hope my Democratic friends will take this moment to reflect and perhaps consider a turning point in their outlook going forward,” he said.

Some Democrats questioned whether it was worth getting into a showdown with McConnell over Gorsuch and losing their power to filibuster future Supreme Court nominees. These few dissenters thought it might be tougher for Republicans to change the rules if a swing seat on the court became open later on in Trump’s term, when he might have less political capital.  Democratic leaders, however, disagreed, arguing that McConnell would be just as likely like to change the rules in the future.

Democrats tried to block Gorsuch because they said his rulings tended to favor powerful interests over average people and also because they were still furious over Republicans’ treatment of Merrick Garland, whom President Obama nominated a year ago to fill the vacancy left by Scalia.

McConnell announced immediately after Scalia’s death that Garland would not receive consideration by the GOP-controlled Senate and that the winner of the presidential election should pick the nominee. Democrats argued that decision broke 230 years of precedent and would best be remedied by Gorsuch withdrawing and Trump picking a “more mainstream candidate.”

That proposal went nowhere as Republicans argued that Trump made clear during last year’s campaign that he would pick a judge from a list of 21 conservatives, on which Gorsuch was included.

A CNN exit poll showed that 56 percent of Trump voters said the Supreme Court was “the important factor” in their votes, and 46 percent said it was “an important factor.”

Gorsuch isn’t likely to change the most recent ideological balance of the court as he replaces one of its most outspoken and conservative jurists. He called Scalia a “mentor” at his confirmation hearings and, like his predecessor did, takes an “originalist” approach to the law meant to hew to the intentions of the Founding Fathers and follow legal language strictly. That approach became a sticking point for Democrats, who criticized him for relying on what they called overly literal readings of the law to decide in favor of those in power, such as a trucking company in TransAm Trucking v. Administrative Review Board that fired a driver who refused to stay for hours with a disabled vehicle in freezing weather.

Republicans countered by touting Gorsuch’s academic and professional credentials; his clerkships with two Supreme Court justices, Anthony Kennedy and Byron White; his unanimous rating of well-qualified by the American Bar Association; and his record of deciding with the majority in 99 percent of the cases he heard.

Gorsuch appeared poised to sail through the Senate as Democrats earlier this year were more focused on Trump’s more controversial Cabinet appointees, such as Secretary of Education Betsy DeVos and Attorney General Jeff Sessions. Democrats had failed to dig up any seriously damaging writings, statements or indiscretions, and even Ruth Bader Ginsburg, the most liberal justice on the high court, said Gorsuch was “very easy to get along with.”

The lack of strong early resistance angered liberal groups, including NARAL Pro-Choice America, MoveOn.Org and the Services Employee International Union, which wrote a stern letter to Democratic senators early last month exhorting them to “do better.” The Judicial Crisis Network, a conservative group backing Gorsuch, countered pressure from the left by launching a $10 million advertising campaign to bolster his nomination. The National Rifle Association also poured in $1 million to help Gorsuch.

It became apparent Monday,  when several Democrats who were on the fence came out against his nomination, that Gorsuch would not win confirmation unless Republicans moved to eliminate the filibuster. By Monday evening, 42 Democrats and one Independent, Sen. Bernie Sanders (Vt.), had announced they would block the final vote. McConnell announced the next day that he had the votes to trigger the nuclear option. 

Vice President Pence presided over the vote. Sen. Johnny Isakson (R-Ga.), who recently underwent back surgery, missed it.

– Updated at 12:47 p.m.

Senate goes ‘nuclear’ to advance Trump Supreme Court pick


The Senate voted Thursday to move forward with Neil Gorsuch’s Supreme Court nomination after Republicans took a historic step that lowers the vote threshold for high court nominees to a simple majority.  Senators voted 55-45 to end debate on Gorsuch’s nomination, setting up a final confirmation vote for Friday. Thanks to a procedural move that changed Senate rules earlier Thursday, a simple majority was needed to move forward.

Democrats had successfully blocked Gorsuch’s nomination from getting 60 votes earlier, prompting Republicans to employ the “nuclear option,” which effectively ends filibusters for all Supreme Court nominees. Democrats tried to delay the rule change vote by offering motions to postpone a vote and to adjourn the chamber, but both fell short as Republicans stayed unified.

Democratic Sens. Joe Manchin (W.Va.), Heidi Heitkamp (N.D.) and Joe Donnelly (Ind.) voted with Republicans to allow President Trump’s pick to move forward.

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Republicans defended the party-line vote on the nuclear option, saying Democrats were to blame for blocking Gorsuch, who they believe is eminently qualified to sit on the Supreme Court.Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) argued that Democrats should “come to their senses.” 

“The truth of the matter is that throughout this process, the minority led by their leader has been desperately searching for a justification for their preplanned filibuster,” he said ahead of Thursday’s votes.

Majority Leader Mitch McConnell (R-Ky.) added that the current stalemate was part of a decades-long Democratic effort to “politicize the courts and the confirmation process.” 

“The opposition to this particular nominee is more about the man that nominated him and the party he represents than the nominee himself,” he said. 

Republicans hinted for weeks that Trump’s nominee would be confirmed one way or another. McConnell confirmed during a leadership press conference that he had the votes to go nuclear if needed. Republicans appeared resigned to the tactics, arguing if Democrats won’t support Gorsuch — who received the American Bar Association’s highest rating — they won’t allow any GOP nominee to join the Supreme Court.

But Democrats made a last-minute pledge for Republicans to back down and change the nominee, an argument that never gained traction with GOP senators.

“It doesn’t have to be this way,” Senate Minority Leader Charles Schumer (D-N.Y.) said. “When a nominee doesn’t get enough votes for confirmation the answer is not to change the rules, it’s to change the nominee.”

Sen. Jeff Merkley (D-Ore.) during an eleventh-hour press conference blasted the GOP tactics, saying it “is just wrong to pack the court through this stolen seat.” 

“That’s why it’s so important that we still in the few hours that we have left hopefully stop this really crime against the Constitution,” he said. 

Progressives groups also stepped up their attacks heading into Thursday’s vote, warning that Republicans will be to blame for going “nuclear.”  The People’s Defense — a coalition of roughly a dozen progressive groups led by NARAL Pro-Choice America — released a digital ad campaign targeting Republicans in Arizona, Alaska, Maine, Nevada and South Carolina, warning them that “history is watching.”

Sens. Jeff Flake (Ariz.) and Dean Heller (Nev.), among those being targeted by outside groups, are Republicans’ two most vulnerable incumbents. Schumer echoed that from the Senate floor on Thursday, saying that Republicans “had other choices. They’ve chosen this one.” 

“The responsibility for changing the rules will fall on Republicans and Leader McConnell’s shoulders,” he said. 

Democrats remain deeply bitter of Republicans treatment of Merrick Garland, whom former President Barack Obama’s nominated to fill the vacancy created by Justice Antonin Scalia’s death in February 2016. GOP leaders refused to give Garland a hearing or a vote. Sen. Dick Durbin (D-Ill.) argued that the current stalemate over the Supreme Court dates back Scalia’s death and “what we’re facing today is the fallout.” 

But the hardball tactics drew skepticism from both Republican and Democratic senators, who held around-the-clock negotiations to try to prevent the rule change but ultimately failed.

Told that by a reporter that some people think the Senate will function better without the filibuster, Sen. John McCain (R-Ariz.) fired back: “Whoever said that is a stupid idiot.” 

Sen. Michael Bennet (D-Colo.) also warned that without the need for 60 votes to break a filibuster, Trump might easily appoint Attorney General Jeff Sessions or EPA Administrator Scott Pruitt to the Supreme Court in the future.

“Partisanship should give way to patriotism,” said Bennet, who backed ending debate on Gorsuch’s nomination earlier Thursday but voted against it in the second vote. “If we go down this road we will undermine the minorities ability to check this administration and all those who follow.”

Senate confirms Carson to lead HUD


waving flag disclaimerAuthored

The Senate on Thursday confirmed Ben Carson to be President Trump’s secretary of Housing and Urban Development (HUD). The final vote was 58-41. Carson needed a simple majority to be approved.

Democratic Sens. Joe Manchin (W.Va.), Mark Warner (Va.), Heidi Heitkamp (N.D.), Sherrod Brown (Ohio), Jon Tester (Mont.), Joe Donnelly (Ind.) and Independent Sen. Angus King (Maine) joined all Republicans in backing Carson. Sen. Johnny Isakson (R-Ga.) did not vote.
The former neurosurgeon wasn’t a top target for Senate Democrats. But Carson’s nomination and lack of government experience has divided the caucus.
Top Democrats — including Senate Minority Leader Charles Schumer (N.Y.) and Sen. Dick Durbin (Ill.) — voted against Carson’s nomination earlier this week.

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But red-state Democrats, including Manchin, Donnelly and Heitkamp, voted with Republicans to support him.

Republicans have rallied around Carson’s nomination. Senate Majority Leader Mitch McConnell (R-Ky.) predicted ahead of the vote that he would be confirmed with bipartisan support. “[He] can begin bringing much needed reforms to the Department of Housing and Urban Development,” he said from the Senate floor.
Sen. Mike Crapo (R-Idaho) also urged his colleagues to support Carson. “Once Dr. Carson is confirmed we can begin working on several important issues under HUD’s jurisdiction,” he said.
Carson easily cleared the Senate Banking Committee in late January, picking up the support of liberal senators elizabeth-lieawatha-warrenincluding Brown and Elizabeth Warren (D-Mass.). Warren defended her committee vote amid backlash from progressive outside groups, writing on a Facebook post: “Yes, he is not the nominee I wanted. But ‘the nominee I wanted’ is not the test.” Warren didn’t vote for Carson during the Senate’s procedural vote on Wednesday, and she voted against him again Thursday.
Carson’s nomination has been largely free of controversy. Senators only questioned Carson for 2 1/2 hours during his confirmation hearing, in contrast to more controversial picks — including Attorney General Jeff Sessions — who faced hours of intense grilling. Democrats have voiced public skepticism about Carson’s qualifications, noting that the onetime presidential candidate also previously questioned whether he was fit to run a federal agency.
“Having me as a federal bureaucrat would be like a fish out of water,” he said in November, on the heels of rumors that he would be considered for Trump’s Cabinet.
Carson, a conservative Christian, also received some criticism for suggesting that LGBT Americans don’t deserve “extra rights.” picture2
But neither impeded his nomination. Crapo thanked Brown from the Senate floor for being willing to work with him to get Carson to the Senate floor for a vote.  It is unclear how Carson will shape the agency. He told lawmakers in his confirmation hearing that he wants to have “listening sessions” with housing officials around the country. He was also noncommittal about upholding an Obama-era rule that beefed up a fair housing law.

Senate confirms Perry for Energy secretary


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Senate confirms Perry for Energy secretary / © Getty Images

The Senate on Thursday confirmed Rick Perry to lead the Energy Department — an agency he once pledged to eliminate. Perry, the former Texas governor and a two-time Republican presidential candidate, was confirmed on a 62-37 vote.

The Senate confirmed Perry after only a few hours of debate on Thursday afternoon, moving unexpectedly quickly on the final cabinet-level member of President Trump’s energy and environment team.
During a Republican primary debate in 2011, Perry listed the three federal agencies he would abolish as president but famously forgot the Energy Department, quipping, “oops.” But after Trump nominated him to lead the department in December, Perry said he had reconsidered the importance of the agency, which supports energy research and oversees the nation’s nuclear arsenal.

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“My past statements made over five years ago about abolishing the Department of Energy do not reflect my current thinking,” Perry said at his January confirmation hearing.
“In fact, after being briefed on so many of the vital functions of the Department of Energy, I regret recommending its elimination.”
Republicans supported Perry’s nomination, applauding his support of the Texas energy sector during his time as governor and saying his experience in Austin means he can effectively lead a $30 billion, 14,400-person department.
“He will hold his employees and contractors accountable. We know that he will be a responsible steward of taxpayer dollars,” Sen. Lisa Murkowski (R-Alaska) said during floor debate on Thursday.
“I think that he will work to continue to break down the research silos that have really frustrated the department and work to find ways that there can be greater collaboration — greater working together — and I’m also confident that he will pursue policies that will ultimately provide us with more stable sources of energy.”
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Democrats said they are concerned about Perry’s views on climate change and his support for climate research in the department. The Trump administration has previously hinted at potential deep cuts for the Energy Department, something Democrats contend Perry will struggle to resist.
“I take Gov. Perry at this word that he has been briefed on all the functions of the Department of Energy and that he does not believe it should be abolished, as he once articulated,” Sen. Maria Cantwell (D-Wash.) said.
“But, as I said, his testimony leaves a lot to question about whether he will fight for these essential programs in a Trump administration who have already tried to target these agencies and programs to be defunded.”
The Senate confirmed Perry after only about three hours of debate on Thursday, moving his nomination quicker than any other energy or environment official in Trump’s cabinet.
Senators confirmed Ryan Zinke to lead the Interior Department on Wednesday. Scott Pruitt became administrator of the Environmental Protection Agency in February.
Democratic Sens. Mark Warner (Va.), Joe Manchin (W.Va.), Heidi Heitkamp (N.D.), Tom Udall (N.M.), Catherine Cortez Masto (Nev.), Debbie Stabenow (Mich.), Claire McCaskill (Mo.), Jon Tester (Mont.), Tom Carper (Del.) and Joe Donnelly (Ind.), and Independent Sen. Angus King (Maine), voted with all present Republicans to back Perry.
GOP Sen. Johnny Isakson (Ga.) was not present.

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