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Breyer puts cherry on top of Senate’s schedule

Presented by HCA Healthcare: A play-by-play preview of the day's congressional news
Jan 27, 2022 View in browser
 
POLITICO Huddle

By Katherine Tully-McManus

Presented by

HCA Healthcare

ADD IT TO THE TOP OF THE PILE — This year's Senate agenda, already filled with both Democratic and bipartisan legislative priorities and the tension of midterm elections, is getting a little more crowded. There will now be a Supreme Court nominee to shepherd through hearings and a floor vote. Majority Leader Chuck Schumer (D-N.Y.) has promised action "with all deliberate speed" on a nominee to replace Justice Stephen Breyer, who plans to retire.

A need for speed: Democrats are eyeing a timeline similar to what Republicans used to confirm Justice Amy Coney Barrett, which was about a month between her nomination and confirmation. The tight timeline doesn't reflect an overall rush. Aides have said Democrats may consider confirming his replacement before this SCOTUS term is over, but delay the succession until after Breyer leaves his seat vacant. Judiciary Democrats plan to hold a planning call today to discuss the upcoming SCOTUS confirmation, according to a source familiar with the matter.

The to-do list: The Senate has plenty of other items awaiting action while the confirmation circus plays out. Congress is set to confront a government funding deadline in just three weeks, when the short term spending measure approved in December expires. The Biden administration is pushing hard for the House and Senate to come to an agreement on their separate bills aimed at confronting China and bolstering U.S. trade and competition – the Senate cleared its version last year, but will need to reconcile differences with the recently released House measure and bring an eventual compromise back to the Senate for approval.

On shakier ground are: a revamp of the Democrats' social spending and climate bill that collapsed without unified support within the caucus and and a bipartisan effort to make changes to the 1887 law that governs how Electoral College results are counted (more on that further down). Both are still in nascent stages, but if they come together, they're sure to consume considerable time and energy within the chamber.

All this in an election year where political pressures and campaign trail priorities (and primary voters not necessarily rewarding bipartisanship) typically compound the usual challenges to getting things done on Capitol Hill.

Tired just thinking about it: So what does that mean for the Senate's schedule? The chamber is slated to be on recess the week of Feb. 21 and again April 11 to 22. Then there's the week of Memorial Day and July 4, followed by the long August break. After bruising defeats on voting rights and domestic spending, could we see Democrats scrap some of that recess time to show the Democratic-led Senate is hard at work? (McConnell did this ahead of the 2018 midterms. Burgess and Elana wrote about it. ) But keeping the Senate in session has an election-year downside: Democrats' many incumbents would be kept off the campaign trail. Key takeaway: Your Huddle host isn't booking anything non-refundable.

 

JOIN FRIDAY TO HEAR FROM GOVERNORS ACROSS AMERICA : As we head into the third year of the pandemic, state governors are taking varying approaches to public health measures including vaccine and mask mandates. "The Fifty: America's Governors" is a series of live conversations featuring various governors on the unique challenges they face as they take the lead and command the national spotlight in historic ways. Learn what is working and what is not from the governors on the front lines, REGISTER HERE.

 
 


GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, January 27, where a big scoop of Breyers ice cream is really all we can think about.

HELP YOURSELF TO SOME BREYER(S)

No scorched earth: "Top officials at conservative judicial groups said they viewed the current landscape as less than conducive to a successful bare-knuckled confirmation fight. A Breyer retirement was long expected, Republicans do not control the Senate and, most importantly, a new justice would not shift the court's ideological balance, let alone its majority," write Meridith McGraw and Hailey Fuchs.

Not the Sorkin universe: There was a lot of nonsense flying around yesterday. Thankfully, Anthony Adragna unpacked some of the wildest theories of what the Biden White House may do with the looming Supreme Court vacancy.

History, guaranteed: "Democrats' razor-thin majority will have to make history to confirm Stephen Breyer's successor to the Supreme Court. A 50-50 Senate has never done it before," writes Marianne and Burgess .

Just picture it: Bryer through the ages, as captured by the photographers over at CQ Roll Call. Plus, yesterday was huge for this one particular Twitter user.

SCHUMER STANDING BY — Schumer hasn't made any promises to the growing bipartisan coalition of senators in talks about updating the Electoral Count Act, but his wait-and-see approach is a departure from his party's laser focus on sweeping election reform legislation that was defeated over and over again. Schumer is quietly stoking the talks, multiple people familiar with the matter told Burgess. But he's waiting to see what final product, if any, the group comes up with before evaluating whether a deal could get 60 votes on the Senate floor. More from Burgess: Schumer gives Senate's new bipartisan gang breathing room on post-Jan. 6 reform

LONG OVERDUE, BUT NOW PHILLY IS SLAMMIN'— Okay, it is only about a month overdue. But House Democrats are planning to head to Philadelphia March 9th to 11th for their rescheduled retreat. It was pushed from February due to the surge in omicron covid cases.

A message from HCA Healthcare:

HCA Healthcare believes advancing the diversity of our talent pool enhances our ability to deliver more equitable, culturally competent care. In 2021, we announced a $10 million gift over the next three years to Historically Black Colleges and Universities (HBCUs) and Hispanic-Serving Institutions (HSIs) in communities near our hospitals. In December 2021, HCA Healthcare provided $1.5 million to Florida A&M University's (FAMU) School of Allied Health Sciences to strengthen students' pathways to healthcare management careers.

 


HAWKING HOME-STATE HARDWARE  — "Some lawmakers are highlighting the role of their home-state products in keeping Moscow at bay," writes Connor O'Brien, as lawmakers from both parties pitch military hardware with hometown ties. They're pushing for faster sales of tanks to Poland and highlighted the Navy submarine fleet's role in countering Russia at sea. The tanks have ties to Alabama, Ohio and Michigan, while the subs are built by contractors in Connecticut's Groton shipyard. Neither military capability is destined for the front lines of the Ukraine conflict… and yet! Couldn't get enough of this story from Connor.

FIRST IN HUDDLE: ASKING AGAIN — Rep. James Comer (R-Ky.), ranking member of the House Oversight Committee and Rep. Glen Grothman (R-Wisc.) are sending a letter today urging Chair Carolyn Maloney (D-N.Y.) to hold a public hearing on the U.S. withdrawal from Afghanistan, with witnesses Secretary of State Antony Blinken, Defense Secretary Lloyd Austin and National Security Advisor Jake Sullivan. They made previous requests in August and September. Read the full letter . Both Blinken and Austin are scheduled to be on the Hill next week for briefings on Afghanistan with the Senate Foreign Relations Committee and Senate Armed Services Committee.

QUICK LINKS 

Witness Can Confirm Matt Gaetz Was Told He Had Sex With a Minor, from The Daily Beast

Biden's signature legislation expired. Recipients are wondering: WTF happened?, from Adam Cancryn

Discontent Among West Virginia Dems As Manchin Cuts Against The Grain , from Nathaniel Reed at Newsy

 

DON'T MISS CONGRESS MINUTES: Need to follow the action on Capitol Hill blow-by-blow? Check out Minutes, POLITICO's new platform that delivers the latest exclusives, twists and much more in real time. Get it on your desktop or download the POLITICO mobile app for iOS or Android. CHECK OUT CONGRESS MINUTES HERE.

 
 


TRANSITIONS 

Nora Kohli will be comms director for Rep. Kathleen Rice (D-N.Y.). She most recently was a press assistant for Rep. Don Beyer (D-Va.). Ray Zaccaro is joining the Klein/Johnson Group as a principal. He most recently was senior adviser and comms director for Sen. Jeff Merkley (D-Ore.), and is a Frank Pallone alum.

Ryan Shay has joined Faegre Drinker Consulting as a director. He was most recently legislative director for Rep. Susie Lee (D-Nev.) and is an André Carson (D-Ind.) and Maria Cantwell (D-Wash.) alum. Josh Karetny has joined Graphite Health as the digital health company's first head of policy. He was most recently acting chief of staff for Sen. Sheldon Whitehouse (D-R.I.).  Cassidy & Associates has added Devin Barrett, a longtime legislative staffer for Sen. Jim Inhofe (R-Okla.), as a vice president.

TODAY IN CONGRESS

The House is not in session.

The Senate convenes at 10 a.m. for a pro forma session.

AROUND THE HILL

Looks like a quiet one.

 

A message from HCA Healthcare:

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Trivia


WEDNESDAY'S WINNER: Lorraine Tong correctly answered that House Parliamentarian John V. Sullivan served as parliamentarian for eight years from May 2004 to March 2012. He drew praise from all corners and once described parliamentarians as "the major leagues" and "Jedi knights." (Sullivan is a regular Huddle Trivia player and almost always has the correct answer! Your Huddle host sweats writing about House procedure, knowing expert eyes are reading.)

TODAY'S QUESTION from Lorraine: In 1939, months before Germany invaded Poland, a 24-year-old American journalist wrote a condensed annotated version of Mein Kampf to expose the full measure of Hitler's anti-Semitic ideology and plans for world domination. His version sold for 10 cents each to ensure wide distribution of his dire warning. Hitler's American publisher filed a copyright infringement lawsuit to stop sale of the condensed version. On January 23, 1941, the American courts ruled in favor of Hitler's publisher. The journalist later worked at the Library of Congress, became a Senator, and a candidate for president. Who was he?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to ktm@politico.com.

GET HUDDLE emailed to your phone each morning.

Follow Katherine on Twitter @ktullymcmanus

A message from HCA Healthcare:

HCA Healthcare is partnering with Historically Black Colleges and Universities (HBCUs) and Hispanic-Serving Institutions (HSIs) to help advance diversity in healthcare.

Investing in a diverse talent pool enhances our ability to deliver more equitable, culturally competent care. In 2021, we announced a $10 million gift over the next three years to HBCUs and HSIs in communities near our hospitals to expand opportunities for students through internship programs, curriculum development, scholarships and other investments. As part of this commitment, in December 2021, we provided $1.5 million to Florida A&M University's (FAMU) School of Allied Health Sciences to strengthen students' pathways to healthcare management careers. This funding will support scholarships, internships, and the construction and operations of a simulation lab.

We are honored to continue building relationships with these universities to support Black and Hispanic/Latinx students interested in healthcare careers.

 
 

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