Why Supreme Court ethics reform might hit the Senate floor

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Jul 21, 2023 View in browser   By Anthony Adragna Presented by Connecticut Sen. Richard Blumenthal is among the Democratic lawmakers eager to put their GOP colleagues on the record with a floor vote on ethics reforms for the Supreme Court. | Mariam Zuhaib/AP Photo DEMS TO SCHUMER: FORCE GOP TO FILIBUSTER SCOTUS ETHICS REFORM Senate Majority Leader Chuck Schumer (D-N.Y.) has yet to say how he’ll approach his party’s Supreme Court ethics legislation – a historic bid to check the high court after reports of ethically questionable behavior among its justices. Washington is betting that the proposal won’t go further than the Judiciary Committee, which cleared it along party lines Thursday. Any action beyond that would be a waste of time, the thinking goes, since it’s all but guaranteed to be filibustered. But in interviews with your Huddle host, a dozen of Schumer’s Democrats challenged that conventional wisdom. They said they’re itching to force Republicans to reject the ethics measure — and pay the political price of that vote. Schumer sounds interested in pressing the matter, too. “The American people deserve to have all members of the judiciary… accountable to some kind of ethical standards,” Sen. Richard Blumenthal (D-Conn.) said in an interview. “And anybody who disagrees with that proposition should be held accountable” themselves. Why they want the doomed vote: As we reported this week, Democrats are betting that a Senate focus on Supreme Court ethics will help them remind voters of its recent flurry of conservative rulings, even after the justices’ term is over for the year. It doesn’t hurt that the highest-profile reports about potential ethical liabilities at the court touch on two conservative justices – Samuel Alito and Clarence Thomas. Other benefits? Democrats also think the added national visibility that accompanies a floor vote might pressure the Supreme Court into setting its own stricter rules as confidence in the institution hits historic lows. “I would hope that we would bring it to the floor, because I think it [makes] it more likely that the Supreme Court might act,” Sen. Ben Cardin (D-Md.) said. If this Dem strategy sounds familiar, it should. Schumer pushed doomed floor votes last year on issues like voting rights and abortion access despite near-unanimous GOP opposition. The leader vowed again on Thursday to work with bill sponsors to “make progress on this legislation.” Cold water: Any hope of getting 60 votes in the Senate would have to start with moderate Republicans like Sen. Lisa Murkowski, and she’s unimpressed with the committee-passed SCOTUS ethics push. That measure would require the court to adopt and publish a code of conduct within 180 days, establish a process for investigating alleged violations and beef up disclosure rules for gifts and travel. Murkowski (R-Alaska), a perennial swing vote in her chamber, said she had “real concerns” that the ethics legislation is “way too prescriptive and violates” the Constitution’s separation of powers. She and Sen. Angus King (I-Maine) have their own, less stringent bipartisan bill requiring the court to establish an ethics code. But Murkowski’s still frustrated with the court’s handling of the swirl of ethics concerns, which “does not make them look good,” she told Huddle. “They could have responded differently and this matter would have been put to bed a long time ago. So, that's their failure.” Republicans other than Murkowski have been even more skeptical, bashing the legislation as unnecessary, a separation-of-powers violation and an act of retaliation against the 6-3 conservative-led court following a series of decisions that outraged Democrats. Obligatory reminder: If the Supreme Court ethics bill were to somehow survive a GOP filibuster, it would go nowhere in the Republican-controlled House.   A message from PBM Accountability Project: PBM profits are tied to the cost of drugs. That means that PBMs make more money if drug prices are higher. Let’s end the PBM shell game once and for all. Learn more.   GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Friday, July 21, where we’re officially at capacity for Barbenheimer memes from the Senate. HOUSE GOP PREPARES TO ‘F— AROUND AND FIND OUT’ ON SPENDING Speaker Kevin McCarthy and his allies are gearing up to bring two appropriations bills to the floor next week. Theoretically, they’re the least controversial agency spending plans, funding the Agriculture and Veterans Affairs Departments. But conservatives are warning their leaders to not push too hard before the party settles on an overall spending strategy — i.e., much lower spending. One House Freedom Caucus member offered his response to the planned spending votes as a profane acronym: “FAFO.” In other words: fuck around and find out. Rep. Byron Donalds (R-Fla.) made clear that his issue isn’t with either of the two bills set for floor action, “per se,” but the other “seven or eight bills that have to be worked through, and I don’t think we’re there yet.” He’s not alone: Conservatives celebrated last month when top House Republicans announced they would slash $130 billion from their spending bills, going far below the level that McCarthy and President Joe Biden agreed on in their debt-limit deal. But the right flank of the House isn’t satisfied yet, seeking further fiscal concessions. Even senior House Republicans acknowledge they may not be able to clear both spending bills next week, but they’re working anyway to unite the conference. The GOP huddled on Thursday morning to discuss four other spending bills — covering the State and Homeland Security Departments, the legislative branch, and financial services. But the meeting was poorly attended on a day members typically leave Washington for the week, according to two people who were there. One estimated that fewer than two dozen members attended. Why McCarthy is forging ahead: Trying to clear those two bills next week would help clear the deck for a jam-packed September, when McCarthy has just 12 days in session to stave off a government shutdown, not to mention reauthorize the FAA and deal with an expiring farm bill. The House’s formal schedule next week has yet to be announced. — Sarah Ferris, Jordain Carney and Caitlin Emma   STEP INSIDE THE GOLDEN STATE POLITICAL ARENA: POLITICO’s California Playbook newsletter provides a front row seat to the Golden State’s political power centers, from inside the state Capitol and governor's mansion in Sacramento, to the mayor’s office and City Council and Los Angeles, to the influence of Silicon Valley. Authors Lara Korte and Dustin Gardiner bring you exclusive news, buzzy scoops and behind-the-scenes details that you simply will not get anywhere else. Subscribe today and stay ahead of the game!     BOOZMAN: DON’T COUNT HUTCHINSON OUT Former Arkansas Gov. Asa Hutchinson got booed at a conservative conference earlier this week – a clear sign of discontent with his establishment-leaning, anti-Trump presence in the presidential primary field. At least one of his home-state senators has his back, though. Sen. John Boozman (R-Ark.) conceded Thursday that his “good friend” Hutchinson is an extreme long shot for the Republican nomination. But stranger things have happened, he said. “The last several nominees have kind of come from nowhere and gotten it done,” Boozman said. “He's got a message that he's trying to get out. If it resonates with the American public, he'll have a chance.” Despite those warm words, the Arkansas senator has yet to endorse in the 2024 GOP primary. His North Dakota colleagues, by contrast, have both endorsed their home-state governor Doug Burgum’s outsider campaign for the White House. REMEMBER THE BALLOON? CONGRESS DOES. It’s been five months since the nation fretted and the Biden administration squirmed as a Chinese spy balloon traveled across the country captivated the nation. And while plenty of lawmakers have moved on, others continue to press for answers. Montanans in the mix: Sen. Steve Daines (R-Mont.) complained to reporters last week that “the Biden administration has yet to answer any of the questions that I’ve asked to my satisfaction and these Senate hearings, hosted by Senate Democrats, have produced nothing.” But Sen. Jon Tester (D-Mont.) — who’s in charge of the Senate’s annual defense spending bill — said the Biden administration “did a good job of letting us know what transpired with” the balloon, including continued classified briefings on the incident. Tester added that he expects a funding boost in that Pentagon spending bill that’s designed to prevent similar spy-balloon incidents. Why it matters: Daines is the Senate GOP’s campaign arm chief, so he has every reason to keep pushing Tester – who’s facing a tough reelection race – on balloon response. But beyond that Montana beef, Congress’ decision on how to respond to the drama will be a test of its ability to turn news-cycle chaos into concrete legislation. Reminder: Sometimes it helps lawmakers agree on bipartisan reform when the headlines move elsewhere. As we’ve reported, the dimmer spotlight on the National Archives’ role in the Trump classified documents scandal is giving senators space to make headway on legislation that could reform how the government classifies information.   A message from PBM Accountability Project:   HUDDLE HOTDISH Fresh off beating up on the MLS all-stars on Wednesday night at Washington's Audi Field, players from the English Premier League's Arsenal played tourist at the Capitol on Thursday. Press two for Ohio showtimes: The Barbenheimer crazy has hit Ohio's Senate delegation. Haley BeMiller reports that Sen. Sherrod Brown (D-Ohio) has Oppenheimer plans this weekend for his wife's birthday. Sen. J.D. Vance (R-Ohio) wants to see Oppenheimer "but Mrs. Vance says they're going to see Barbie" his team told BeMiller. Chuck Schumer passed a resolution celebrating the 50th anniversary of hip hop before the chamber bolted for the week. “We are proud, proud, proud, proud today that this resolution honoring the 50th anniversary of hip hop has passed,” the Brooklynite said. Desperate for a Congressional angle... No, Sen. Catherine Cortez Masto (D-Nev.) does not have inside info on the search warrant issued in her state related to the murder of Tupac Shakur. Most importantly, Burgess asked the question.   SUBSCRIBE TO POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don’t miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY.     QUICK LINKS  What no one will say out loud about Nancy Pelosi, from Dustin Gardiner Cornyn defends Texas’ use of razor wire to deter migrants from crossing Rio Grande, from Joe Morton and Todd J. Gillman at The Dallas Morning News How John Fetterman Came Out of the Darkness, from Molly Ball in Time TODAY IN CONGRESS The House is out. The Senate is out. TRIVIA THURSDAY’S WINNER: Jennifer Manning correctly guessed that the House of Representatives participated in the first intercontinental game of chess among elected government leaders and competed with England (it finished as a draw). TODAY’S QUESTION: Which senator introduced a 2004 resolution commemorating the centennial of the birth of J. Robert Oppenheimer? The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to aadragna@politico.com. GET HUDDLE emailed to your phone each morning. Follow Daniella and Anthony on Twitter at @DaniellaMicaela and @AnthonyAdragna.   A message from PBM Accountability Project: Every time you go to the pharmacy counter, health insurance middlemen called pharmacy benefit managers – or PBMs – increase their already high profits. Last year alone, the top 3 PBMs recorded more than $27 billion in profits. It’s time to end the PBM shell game. There is growing, bipartisan agreement in Congress to break the link between the price of medicine and PBM revenues to help Americans afford and access their medications. Voters agree. More than 80% of voters want to stop PBMs from directly profiting off drug prices. We need actionable reforms to hold PBMs accountable and to address the games they play that drive up out-of-pocket costs at the pharmacy counter. Decisive action is needed by Congress today. Learn more.     Follow us

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