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Playbook PM: SCOTUS veers right on guns as Congress inches left

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Jun 23, 2022 View in browser
 
Playbook PM

By Eugene Daniels and Eli Okun

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BREAKING — Federal investigators on Wednesday searched the Virginia home of JEFFREY CLARK, the Trump Justice Department official who came close to becoming acting A.G. to try to overturn the 2020 election, ABC's Katherine Faulders, Lucien Bruggeman, Alexander Mallin, Mike Levine, and Luke Barr scooped.

Clarence Thomas speaks into a microphone.

Justice Clarence Thomas penned an opinion striking down a New York law that required people to show "proper cause" to get a permit to carry concealed firearms outside of their homes. | Drew Angerer/Getty Images

SCOTUS WATCH — We have four new Supreme Court opinions out today, and though the hotly anticipated ruling on abortion rights was not among them, another major decision was: In a 6-3 vote along ideological lines, the court struck down a New York law that required people to show "proper cause" to get a permit to carry concealed firearms outside of their homes.

— From the majority opinion by Justice CLARENCE THOMAS: "We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant's right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense."

— From the dissent by Justice STEPHEN BREYER, joined by SONIA SOTOMAYOR and ELENA KAGAN: "When courts interpret the Second Amendment, it is constitutionally proper, indeed often necessary, for them to consider the serious dangers and consequences of gun violence that lead States to regulate firearms."

Key reactions … 

— President JOE BIDEN: "This ruling contradicts both common sense and the Constitution, and should deeply trouble us all. In the wake of the horrific attacks in Buffalo and Uvalde, as well as the daily acts of gun violence that do not make national headlines, we must do more as a society — not less — to protect our fellow Americans."

— New York Gov. KATHY HOCHUL: "[T]he Supreme Court is sending us backwards in our efforts to protect families and prevent gun violence, and it's particularly painful that this came down at this moment when we're still dealing with families in pain from mass shootings."

As for its potential impact, our SCOUTS ace Josh Gerstein writes : "Two members of the court who joined in Thursday's decision, Justice BRETT KAVANAUGH and Chief Justice JOHN ROBERTS, suggested it would affect only six states other than New York because they, too, put the onus on a gun owner to justify issuance of a permit." But that alone could still give it "far-reaching implications," as NYT's Adam Liptak writes — "particularly in cities that had sought to address gun crimes by putting restrictions on who can carry firearms. California, Hawaii, Maryland, Massachusetts and New Jersey have similar laws, Justice Thomas wrote."

On the other cases decided today:

GUNS BILL LATEST — Meanwhile, on the other side of First Street NE, the bipartisan Senate gun bill cleared a procedural hurdle to overcome a filibuster and advance this afternoon in a 65-34 vote, with 15 Republicans on board.

— Senate Majority Leader CHUCK SCHUMER said on the floor this morning that he wants to reach an agreement with Republicans for the chamber to pass the gun reform bill today.

— But GOP hold-ups could delay it to Friday night: Sen. RAND PAUL (R-Ky.) told reporters he'd put forth seven amendments.

— House Majority Leader STENY HOYER told CNN's Daniella Diaz that if the Senate passes the bill today, the House will try to follow suit before the day is out.

— The White House officially threw its support behind the bill.

Related: Gallup is out with a new poll showing that 66% of Americans "want laws covering the sale of firearms to be stricter — up 14 percentage points from October, and the highest since after the Parkland high school shooting in 2018." Also: "A record-high 55% of Americans have an appetite for not only enforcing existing gun laws more strictly but also passing new gun legislation. This is only the second time since 2000 that a majority favors passing new gun legislation in addition to enforcing current laws more strictly."

Good Thursday afternoon.

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JAN. 6 AND ITS AFTERMATH

WITH FRIENDS LIKE THESE — WaPo's Marianna Sotomayor, Josh Dawsey and Jacqueline Alemany have new details on DONALD TRUMP's irritation with House Minority Leader KEVIN MCCARTHY over the Jan. 6 committee: Trump has watched every hearing and grown angry to "the point of about to scream at the TV" at Republicans' lack of defense. And he's specifically blaming McCarthy. STEVE BANNON and other advisers have told Trump that McCarthy's boycott of the committee was a "strategic failure" — and chatter is growing about whether it could damage his shot at the speakership.

— NBC's Scott Wong and Peter Nicholas have similar reporting on Trump's frustration and focus on the hearings, along with this intriguing ramification: "The hearings have sparked concern within Trump's circle about his electability should he run for president in 2024. 'I look at this and say there is nobody in America who is watching this — even with all that's going on in the world with Joe Biden — and saying, "Donald Trump should be the next president of the United States,"' [a] person close to him said. 'Nobody.'"

— McCarthy doesn't regret his decision on the Jan. 6 committee, he told Fox News' Jason Donner today. He batted away other questions about the hearings, saying he wanted to focus on sequoia trees, the subject of his presser.

HOLDER LATEST — Documentarian ALEX HOLDER put out a statement after meeting with the committee today, saying the "conversation today was thorough and I appreciated the opportunity to share more context about my project." Holder had one pre-Jan. 6 interview with Trump and two post-Jan. 6 interviews, per ABC's Ben Siegel.

— His footage includes video from Jan. 12, 2021, of MIKE PENCE reacting to a draft House resolution calling on the then-VP to invoke the 25th Amendment, per CNN's Jeremy Herb, Zachary Cohen and Ryan Nobles.

 

DON'T MISS DIGITAL FUTURE DAILY - OUR TECHNOLOGY NEWSLETTER, RE-IMAGINED:  Technology is always evolving, and our new tech-obsessed newsletter is too! Digital Future Daily unlocks the most important stories determining the future of technology, from Washington to Silicon Valley and innovation power centers around the world. Readers get an in-depth look at how the next wave of tech will reshape civic and political life, including activism, fundraising, lobbying and legislating. Go inside the minds of the biggest tech players, policymakers and regulators to learn how their decisions affect our lives. Don't miss out, subscribe today.

 
 

ALL POLITICS

THE NEW GOP, PART I — Republicans are panicking over how to stop former Gov. ERIC GREITENS in the MIssouri Senate GOP primary, with efforts to attack him taking on a new level of urgency after his incendiary ad calling for other Republicans to be hunted, WaPo's Isaac Arnsdorf, Michael Scherer, Josh Dawsey and Carol Leonnig report. But his opponents are split over whom to back and how best to hit Greitens, who is plagued by scandal but has faced barely any attack ads. Details from the story:

— RNC Chair RONNA MCDANIEL was "appalled" by the ad, and is trying to ward off a Trump endorsement of Greitens; Trump reportedly didn't like the TV spot either.

— Some donors want to pump millions into backing an independent bid from JOHN WOOD, a former clerk to CLARENCE THOMAS and J. MICHAEL LUTTIG who was working on the House Jan. 6 committee. Former Sen. JOHN DANFORTH is fundraising to support an independent campaign, with commitments for $9 million and hopes of hitting $20 million.

— Senate Minority Leader MITCH MCCONNELL has no plans to try to stop Greitens.

— Message testing has shown that attacking Greitens for attending the 2008 Democratic National Convention is more effective with GOP voters than attacking him for his extramarital affair or the allegations of blackmail and domestic abuse.

— Greitens had his best small-dollar fundraising day yet after releasing the ad.

THE NEW GOP, PART II — New Rep. MAYRA FLORES (R-Texas) has deleted tweets that spread lies about election fraud, conspiracy theories about antifa being behind Jan. 6, and a QAnon hashtag, CNN's Andrew Kaczynski reports. Flores had previously labeled SIDNEY POWELL an "American hero," called on Pence to overturn the 2020 election, and said Trump should imprison HILLARY CLINTON.

HERE COMES GAVIN — California Gov. GAVIN NEWSOM's recent moves to assert himself more prominently on the national stage haven't gone unnoticed among allies of Biden and KAMALA HARRIS, Chris Cadelago and David Siders report. Newsom wants Democrats to be more aggressive in taking the fight to Republicans. But Biden world sometimes resents his criticisms.

CEDRIC RICHMOND: "Everybody is trying to be relevant for the next race. He came through the recall election and he's doing a pretty good job as governor. However, I think ambition makes people do different things."

PRIMARY COLORS — SONIA CHANG-DÍAZ, a Massachusetts state senator who was MAURA HEALEY's last remaining rival for the Democratic gubernatorial nomination, dropped out of the race today. More from The Boston Globe

 

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VALLEY TALK

FACEBOOK FILES — As MARK ZUCKERBERG shifts his focus to the metaverse, Meta has pivoted away from an intent focus on helping to secure elections and block misinformation, which it emphasized in 2020, NYT's Sheera Frenkel and Cecilia Kang report. Only about 60 employees now focus entirely on elections, down from more than 300, and they meet with NICK CLEGG instead of Zuckerberg. Along with a similarly downgraded elections focus at Twitter, the changes "could have far-reaching consequences" as lies about elections spread as widely in the culture as they ever have.

POLICY CORNER

BIG NEWS ON CAMPUS — The Education Department today marked the 50th anniversary of Title IX by rolling out major new rules for handling sexual misconduct on college campuses, per Inside Higher Ed's Meghan Brink . Replacing the regulations under Secretary BETSY DEVOS, the new proposal from Secretary MIGUEL CARDONA would ax "many of the Trump administration's requirements for investigations of cases of discrimination, including cross-examination of witnesses, which many critics of the 2020 regulations said imposed burdens on victims of harassment." It would also provide more protections for LGBTQ students.

IT'S OFFICIAL — The FDA today banned Juul's e-cigarettes over their role in helping drive youth vaping rates, after years of negotiations. More from CBS

THE WINDS OF CHANGE — Eleven governors from both parties and the White House are creating a new offshore wind partnership, seeking to expand and develop the clean energy industry with workforce initiatives, physical infrastructure and more, reports AP's Matthew Daly. The states involved are up and down the East Coast. This launch will help the administration to "work with the governors on policies going forward and help ensure that there is an American-made supply chain for this brand-new industry," said DAVID HAYES, a White House climate adviser.

ANOTHER KIND OF OFFSHORE — The Biden administration is debating a new offshore oil and gas drilling ban, which would be a win for the climate but could pose political challenges at a time of high gas prices, NYT's Lisa Friedman reports. Top advisers including chief of staff RON KLAIN and STEVE RICCHETTI are intimately involved in the deliberations. Interior Secretary DEB HAALAND has to send a draft plan to Congress by the end of the month.

THE ECONOMY

THE UNEMPLOYMENT PICTURE — The number of new jobless claims dipped last week to 229,000, as the labor market remained tight even as economists agree that "there has been a loss of momentum," per Reuters' Lucia Mutikani.

 

JOIN TUESDAY FOR WOMEN RULE TALK ON THE ECONOMY: The U.S. economy is showing signs of slowing down after a period of robust growth last year. How would an economic slowdown affect women's economic security across socioeconomic, racial, and geographic lines? Join POLITICO's Women Rule for a conversation on what's ahead for the U.S. economy and how it will impact women's livelihoods and economic well-being. REGISTER HERE.

 
 

PLAYBOOKERS

OUT AND ABOUT — SPOTTED at the 10th anniversary celebration of the State Department-espnW Global Sports Mentoring Program on Wednesday on the floor of Capital One Arena: first lady Jill Biden, Billie Jean King and Ilana Kloss, Jimmy Pitaro, Michele Kang, OMB Director Shalanda Young, Cabinet Secretary Evan Ryan, Lee Satterfield and Patrick Steel, Ann Stock, Monica Dixon and Molly Levinson.

— The funeral Mass for the late Mark Shields was Wednesday at the Shrine of the Blessed Sacrament at Chevy Chase Circle, near his home. Eulogists included Carolyn Ryan, Peter Hart, John Carr, Al Hunt, Bill Peterson and his daughter, Amy Shields Doyle. Shields had laid out the music and the program beforehand, including "How Great Thou Art," "Panis Angelicus" and the recessional Marine Corps Hymn, preceded by a Marine bugler. Also in attendance: Judy Woodruff, Mara Liasson, Susan Dentzer, Fred Graefe and Mark Russell.

TRANSITIONS — Tanisha Carino will be a partner at Brunswick Group. She most recently was a visiting fellow in the White House Office of Science and Technology Policy, and is an Alexion Pharmaceuticals and FasterCures alum. … Nora Rigby is joining Akerman LLP's consumer financial services, data and technology practice group as a partner. She previously spent nearly a decade in the CFPB's Office of Regulations, most recently as chief of staff and senior counsel. …

… Jamie Cheney's New York congressional campaign has added Rebecca Tjahja Harvey as campaign manager and Sam Silverman as comms director. Tjahja Harvey previously ran Robin Lois' campaign for Dutchess County comptroller and is a Pete for America alum. Silverman previously worked for Rep. Conor Lamb's Pennsylvania Senate campaign. … Sandra Hanna is now head of Miller & Chevalier's securities enforcement practice. She most recently was a founding partner at Bruch Hanna LL

 

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