| | | | |  | | By Katherine Tully-McManus | Presented by Connected Commerce Council | MCCONNELL'S COURT-MAKER LEGACY— Mitch McConnell's judicial strategy at the helm of the Senate GOP — from blocking Merrick Garland to confirming Amy Coney Barrett — shaped the current court that is set to overturn Roe v. Wade. But he isn't taking a victory lap. The Senate Minority Leader told his Republican colleagues Tuesday to focus on the breach of the draft opinion over the substance of the robust document, especially if they didn't want to address Justice Samuel Alito's arguments. He also put distance between himself and his long push to shape the federal judiciary and the future of abortion rights. But some colleagues were willing to give him credit. "Republicans confirmed three very solid conservative justices," said Sen. John Barrasso (R-Wyo.), the No. 3 GOP leader. "It was Mitch McConnell's ability that put us in a position to have three openings." McConnell's moves undoubtedly paved the way for the precedent-toppling outcome, including blocking then-President Barack Obama's nominee Garland and racing to confirm Barrett in the days leading up to the 2020 election. But some colleagues aren't ready to give McConnell singular credit. "Why would he get any credit?" Sen. Josh Hawley (R-Mo.) said. "Did he nominate the judges? I'd give the credit to the guy who nominated the judges." "Donald Trump is what gives us this possibility," said Hawley. Burgess has more on the thread between McConnell's moves and this week's stunning outcome: McConnell closes in on Roe after years of pushing the courts rightward MEANWHILE, ACROSS THE STREET — There's a hunt underway. Chief Justice John Roberts ordered an investigation into how Justice Samuel Alito's draft initial opinion got out. But, as Kyle reports this morning, there are plenty of reasons why Roberts and other justices may stifle a deep and thorough investigation. A comprehensive probe of the small staff of the Supreme Court would expose justices, clerks and their families to questions about phone and email records that they rarely face. Crime? Or no crime? It is not yet clear if the disclosure of the draft document was criminal in any way, no matter how explosive the response has been. Roberts tasked the investigation to the marshal of the Supreme Court, who is primarily in charge of operational security at the courthouse. An investigation would likely require seeking outside assistance from the FBI or a former prosecutor. "But any significant Justice Department involvement would involve problems with the constitutional separation of powers, raising the uncomfortable prospect of an executive branch agency rifling through the communications of Supreme Court justices and their closest aides," writes Kyle. Read this smart look at what could be ahead for the investigation inside SCOTUS: Supreme Court investigation of opinion breach faces multiple legal obstacles | | | | STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today. | | | | |
GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Tuesday, May 4, 2022, where we promise we're still a Congress newsletter, even if SCOTUS news has dominated in recent days.
POST-PRIMARY DAY— J.D. Vance locked up the Republican nomination for the open Senate seat in Ohio. He'll face Rep. Tim Ryan, who easily won the Democratic nomination, in the November general election. Two more Trump-backed Republicans, Max Miller and Madison Gesiotto Gilbert, also won their races in Ohio. Rep. Shontel Brown beat former state Sen. Nina Turner for the second time. Here's what we are reading on last night's primary outcomes: — A mole hunt, a secret website and Peter Thiel's big risk: How J.D. Vance won his primary, from Alex Isenstadt — Here are the Trump-backed candidates who won Tuesday's primaries , from Marissa Martinez — Trump flexes and the center shrinks: 5 takeaways from a key primary night, from David Siders and Adam Wren — Brown wins Ohio rematch with progressive activist Turner, from The AP — Indiana GOP lawmakers hold off most hard-right challengers, from The AP DEMS DEMAND A ROLL CALL — Senate Majority Leader Chuck Schumer is promising a floor vote to codify the abortion protections in the 1973 Roe v. Wade decision that the Supreme Court is expected to overturn in the coming weeks. He knows it doesn't have the votes. Filibuster reignited: The disclosed draft of a Supreme Court majority opinion to overturn Roe, plus the promise of a floor vote, has renewed calls from Sen. Bernie Sanders (I-Vt.) and others to kill the legislative filibuster. But Democrats Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) don't want to nix the 60-vote requirement. Sinema even said Tuesday that the filibuster has protected women's access to health care "half-a-dozen times in the past ten years." But the Senate's Democratic Caucus also isn't united on the issue of abortion. Manchin personally opposes abortion rights and voted against moving forward on legislation to codify Roe in February. Midterm momentum? Instead of another bruising legislative defeat, Democrats see potential to build midterm momentum by taking action on an issue that is front-of-mind for Democratic voters right now: the impending implosion of abortion rights, write Marianne and Sarah. "Every senator now, under the real glare of Roe v. Wade repealed by the courts, is going to have to show which side they're on," Schumer said Tuesday. House Rules Chair Rep. Jim McGovern (D-Mass.) says putting abortion bills on the floor can show voters how seriously Democrats are taking the threat. "For all the talk in the past that Roe vs. Wade was on the chopping block, a lot of people said, 'Oh, that's never going to happen. The Supreme Court will never overturn that.' But it's real. It's happening," McGovern said. | | A message from Connected Commerce Council: Small businesses don't have to act small. Digital tools like marketplaces and online fulfillment services help level the playing field for entrepreneurs everywhere. In fact, 87% of small businesses use digital tools to find new customers, while 84% leverage them to sell their products and services. Tech gives small business a huge advantage. Discover all the ways Tech helps drive small business success. | | |
(DON'T) SHOOT YOUR SHOT — The Capitol Police officer who accidentally discharged their firearm in a Cannon break room on Tuesday has been suspended. There is an investigation underway by the Capitol Police's Office of Professional Responsibility. Roll Call first reported the incident.
GOP ON THE ROE BREACH: MAY WE PROPOSE A NARRATIVE— Republican lawmakers placed their emphasis and anger Tuesday on how the sensitive Supreme Court document became public, rather than cheering the substance that marks a long-fought victory for Republicans opposed to abortion. Even after Chief Justice John Roberts confirmed the draft's authenticity, Republicans declined to engage on the meat of the disclosure: that there are enough votes on the court to overturn Roe v. Wade, which most GOP lawmakers have worked towards for years. "All of this puts the cart before the horse ... Concentrate on what the news is today — not a leaked draft, but the fact that the draft was leaked," Senate Minority Leader Mitch McConnell told reporters. Kyle and Andrew have more on Republicans' singular focus on the source of the breach. House Republicans sent a letter to Attorney General Merrick Garland on Tuesday asking him to open an investigation of the Supreme Court breach. REMEMBERING MINETA — Norman Mineta, the first Asian American secretary of Transportation and 21-year veteran of the House, died Tuesday at the age of 90. A first-generation Japanese American, Mineta spent several of his formative childhood years in the Heart Mountain incarceration camp near Cody, Wyo., during World War II. During his family's incarceration, he met a fellow Boy Scout from outside the camp: Alan K. Simpson, a future United States senator from Wyoming. They became close friends and eventually political allies, despite being on opposite sides of the aisle. Recommended reading: Hometown obituary from the city he once led as mayor: Norman Y. Mineta, former San Jose mayor, U.S. transportation secretary, dies at 90, from the San Jose Mercury News. An inside-the-beltway look at Mineta's long and influential career in Washington: Norm Mineta, who went from incarceration camp to two Cabinet agencies, dead at 90, from CQ Roll Call CAPITOL POLICE IG BOWS OUT— Inspector General Michael Bolton is set to retire.
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DINING WORKERS' DEADLINE — Senate dining workers, employed by contractor Restaurant Associates, rallied Tuesday calling for changes to Senate dining operations and in favor of a union contract that would lower health care costs and give workers more job security.
After threats of mass layoffs were averted just weeks ago, workers are now looking at a Sept. 1 deadline when the $3.75 million stopgap from the Architect of the Capitol's office is expected to run out, renewing layoff fears. On Capitol Hill, a September 1 deadline really means a July deadline, as lawmakers leave town for much of August. Dining workers from the Dirksen Cafeteria who attended the rally told POLITICO that more of their colleagues had planned to attend but that senior managers had intimidated workers out of participating earlier in the day. One 18-year veteran of the Senate cafeterias, Luz, spoke to the group about her recent diabetes diagnosis. Unable to afford the insurance offered by Restaurant Associates, she is forgoing the medical care she needs. "Senators can solve this problem," she said. "We're asking the senators to stand up and take action." Anthony, who works in both Dirksen and the Senate carryout, also cannot afford the insurance offered. He recently broke his hand and is unable to work. But he cannot afford the surgery on his hand needed to return to work. "We don't have proper or affordable health benefits, we don't have adequate pay for the work that we do, a livable wage, to maintain their family," said Anthony. Sen. Alex Padilla (D-Calif.) rallied with the workers and told them "the service you provide is important for the functioning of democracy in our nation's Capitol. That is what you do, that is what I thank you for." SHE'S RUNNING — Do not miss this high-drama triptych from Roll Call's Tom Williams capturing Sen. Lisa Murkowski (R-Alaska.) One of those wild, wonderful tiny moments on Capitol Hill. ARCHIVIST HEADS TO THE ARCHIVES— Retiring Archivist of the United States David Ferriero sat down with C-SPAN this week and said he anticipates a challenging process for the Senate to confirm his replacement: "I can't imagine a smooth process for any confirmation hearing these days. I'm sure that there will be concerns raised about … reparative description work"... "It is certainly going to be more contentious." He doesn't want his successor to be a white man. "I think it points to a lack of attention to diversity in appointments…Since 1934 you can't tell me there wasn't a qualified minority or woman to fill this position," he told C-SPAN. "They should be looking at a more diverse pool." Here is the full interview. PARTY OF FIVE — Rep. Joaquin Castro's (D-Texas) family is growing! He and his wife Anna welcomed baby Anna Valentina Castro on May 2. QUICK LINKS Receiving McCarthy at Mar-a-Lago, Trump calls him 'speaker.', from Maggie Haberman at The New York Times A Senate GOP debate without Herschel Walker highlights new abortion clash, from Greg Bluestein at The Atlanta Journal Constitution TRANSITIONS Ericka King, former legislative counsel to Sen. Rand Paul of Kentucky, has joined Ervin Graves Strategy Group, founded by Rep. Tom Graves, as a Vice President in the government relations practice. Adam Fischer is now a senior director for Waxman Strategies' environmental policy practice. He previously was a professional staff member for the House Energy and Commerce Committee. Alex Mukai is now deputy digital director for Sen. Chris Murphy (D-Conn.). He previously was digital and press assistant for Chrissy Houlahan (D-Pa.). | | A message from Connected Commerce Council: Small businesses have a big impact thanks to Tech. E-commerce marketplaces, two-day shipping, and powerful analytics help startups go from dream to reality in just a few clicks. Plus, Tech levels the playing field for small business leaders everywhere — 91% of SMBs say that digital tools are important, if not critical, to the success of their business. Discover all the ways Tech helps drive small business success. | | |
TODAY IN CONGRESS
The House is out. The Senate convenes at 10 a.m. No votes are scheduled yet, but votes are expected. AROUND THE HILL 11 a.m. Sen. Tammy Baldwin (D-Wis.) holds a press conference on the Workplace Violence Prevention for Health Care and Social Service Workers Act (Senate Swamp) Noon Sen. Pat Toomey (R-Pa.) and other GOP Senators hold a press conference on the economy. (Senate TV Studio) | | |
TUESDAY'S WINNER: Katherine Blizinsky correctly answered that Bill Bradley won his gold medal as part of the U.S. Men's Basketball team at the 1964 Olympics.
TODAY'S QUESTION: Three widows in history have followed their late husbands into Congress — without directly succeeding them. Who are they? 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
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