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SCOTUS sidesteps another abortion bombshell

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Jun 13, 2024 View in browser
 
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By Eli Okun

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THE CATCH-UP

UNDER THE HOODIE — “Fetterman had speeding tickets, distracted driving episodes before car crash,” by WaPo’s Liz Goodwin: “In a statement, [Sen. JOHN] FETTERMAN said he would drive more slowly in the future.”

WASHINGTON, DC - DECEMBER 03:  U.S. Supreme Court Associate Justice Brett M. Kavanaugh waits for the arrival of former U.S. President George H.W. Bush at the U.S Capitol Rotunda on December 03, 2018 in Washington, DC. A WWII combat veteran, Bush served as a member of Congress from Texas, ambassador to the United Nations, director of the CIA, vice president and   41st president of the United States. A state funeral for Bush will be held in Washington over the next three days, beginning with him lying in state in the U.S. Capitol Rotunda until Wednesday morning. (Photo by Jabin Botsford - Pool/Getty Images)

Justice Brett Kavanaugh authored an opinion that keeps mifepristone accessible for now, though he made clear that the ruling was a narrow one. | Jabin Botsford - Pool/Getty Images

SCOTUS WATCH — The Supreme Court avoided handing down a second blockbuster opinion restricting abortion access today, ruling that the challengers lacked standing to sue over the FDA’s regulations for a key abortion pill. The upshot is that mifepristone — one of the key reasons that abortion numbers really haven’t fallen off after Dobbs — will maintain its legal status quo. Read the opinion

The decision was not a big surprise, as the justices had sounded skeptical of standing arguments that District Judge MATTHEW KACSMARYK and the 5th Circuit had accepted from Alliance Defending Freedom. Perhaps more notable was that the ruling was unanimous and sidestepped any talk of using the 1873 Comstock Act to restrict the mailing of abortion aids. Nonetheless, Justice BRETT KAVANAUGH made clear that the opinion was a narrow one and that future challenges to abortion pills would be more appropriate for the political sphere than the judiciary.

Though this is a victory for the Biden administration and abortion rights proponents, the fight over mifepristone remains far from over. As Alice Miranda Ollstein and Josh Gerstein report, anti-abortion advocates are eyeing state-level restrictions, pressure on pharmacy chains, possibly another legal challenge with stronger standing and especially a second DONALD TRUMP administration — where a new FDA head could withdraw mifepristone’s approval or a new AG might enforce the Comstock Act.

More from SCOTUS: The court will rule in the coming weeks on a second major abortion case involving a conflict between Idaho’s strict abortion ban and the federal law requiring emergency medical treatment. … Today, the justices also sided with Starbucks in an 8-1 ruling that will make things tougher for union organizers and the National Labor Relations Board, per the NYT. … And a unanimous but fragmented court said the phrase “Trump too small” can’t be trademarked, per NBC.

Clicker: “171,000 Traveled for Abortions Last Year. See Where They Went,” by NYT’s Molly Cook Escobar, Amy Schoenfeld Walker, Allison McCann, Scott Reinhard and Helmuth Rosales

ON THE HILL — Trump did bring abortion up as he met with House Republicans this morning in a free-wheeling conversation. He emphasized that the matter can now be left up to the states, urging Republicans not to run scared or to go too extreme on abortion. You can follow along with live updates from our Hill colleagues. Other newsy moments, as relayed by an array of members and reporters:

  • Trump dangled the prospect of replacing all income taxes with tariffs — which, as WaPo’s Catherine Rampell notes, could amount to a major new burden on low-income Americans.
  • Straining credulity, Trump claimed that one of Rep. NANCY PELOSI’s (D-Calif.) daughters said he and Pelosi could have been perfect together, though he noted his age gap with Pelosi (which of course is one-fourth his age gap with MELANIA, in the other direction). CHRISTINE PELOSI responded that this was a lie.

Good Thursday afternoon. Thanks for reading Playbook PM. Drop me a line at eokun@politico.com.

POTUS ABROAD — “G7 Leaders Agree on Plan for $50 Billion Loan to Ukraine,” NYT … “Biden presses to keep reproductive rights in G-7 agreement,” WaPo

BITTERSWEET MEDIA MOVE — Our longtime POLITICO colleague BURGESS EVERETT is moving on to Semafor after a legendary 14-year run here, most recently as congressional bureau chief. We couldn’t express our feelings any better than our global editor-in-chief John Harris did in a note to the newsroom this morning: “Any mild or momentary scratchiness I may feel … is surpassed by my gratitude to Burgess for helping build this publication, and by what I know are everyone’s best wishes for him personally and professionally.”

 

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9 THINGS YOU NEED TO KNOW

FILE - Republican presidential candidate former President Donald Trump speaks at a campaign rally June 9, 2024, in Las Vegas. (AP Photo/John Locher, File)

Some Republicans have talked about setting up some staging at Mar-a-Lago to be broadcast into the GOP convention in Wisconsin. | John Locher, File/AP Photo

1. CONVENTIONAL WISDOM: What if Trump doesn’t show up to the Republican National Convention, perhaps after being sentenced to house arrest? NBC’s Matt Dixon scooped that Mar-a-Lago and Milwaukee are both preparing for the possibility, though the Trump campaign denied after the story’s publication that anything other than an in-person appearance was on the table. If the former president is confined to Mar-a-Lago, though, Dixon writes that GOP officials have talked about setting up some staging there to be broadcast into Wisconsin.

2. WAITING FOR THE DOUGH: “Jan. 6 offenders have paid only a fraction of restitution owed for damage to U.S. Capitol during riot,” by CBS’ Scott MacFarlane: “Hundreds of offenders who pleaded guilty or were convicted for their roles in the Capitol attack were ordered to pay for injuries to police officers who defended the Capitol and reimbursement to the architect of the Capitol … Although the Justice Department and Capitol administrators have estimated the costs of cleanup and repairs were nearly $3,000,000, approximately 15% of the money has been paid back so far.”

3. GUMMING UP THE WORKS: Enraged over Trump’s criminal conviction, his closest Senate allies today significantly expanded their efforts to grind the chamber’s proceedings to halt through Election Day, Punchbowl’s Andrew Desiderio reports. Sen. J.D. VANCE (R-Ohio) is leading a group of five senators in a hardball move that will prevent an array of nominations from going through by unanimous consent, including for nonpartisan boards or commissions. That would require Senate Majority Leader CHUCK SCHUMER to use valuable floor time to confirm them — or, in some cases, let them languish.

4. NOT JUST NANCY MACE: “The Divisive Housing Perk Adding Thousands of Dollars to Lawmaker Pay,” by WSJ’s Katy Stech Ferek and Theo Francis: “The Palmetto State dust-up was the first big political eruption over the new program, which allows House lawmakers to seek reimbursements for some housing costs while in Washington for work. … A Wall Street Journal analysis of House data finds that just over half of House members have sought reimbursement under the program during its first 14 months.” No. 1 is Rep. JACK BERGMAN (R-Mich.). Other top recipients include Reps. MATT GAETZ (R-Fla.) and ILHAN OMAR (D-Minn.).

5. SIGNS OF SLOWDOWN: For the second day in a row, the U.S. got new data showing inflation abating: U.S. producer prices in May fell more than expected, the biggest drop in seven months, per Bloomberg’s Matthew Boesler. The index was up 2.2 percent year over year. And in another indicator that higher interest rates may be cooling the economy, new jobless claims across the country hit a nine-month high, per Bloomberg’s Charles Ayitey and Jarrell Dillard.

 

THE GOLD STANDARD OF POLICY REPORTING & INTELLIGENCE: POLITICO has more than 500 journalists delivering unrivaled reporting and illuminating the policy and regulatory landscape for those who need to know what’s next. Throughout the election and the legislative and regulatory pushes that will follow, POLITICO Pro is indispensable to those who need to make informed decisions fast. The Pro platform dives deeper into critical and quickly evolving sectors and industries—finance, defense, technology, healthcare, energy—equipping policymakers and those who shape legislation and regulation with essential news and intelligence from the world’s best politics and policy journalists.

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6. THE BRAVE NEW WORLD: “Campaigns Can Now See What You Watch on TV. It’s Changing Everything,” by NOTUS’ Maggie Severns: “[S]treaming television is quickly becoming instrumental to campaigning, promising politicians the ability to reach more voters and target them with highly specific ads. … But campaigns’ ability to peer into the television habits of voters alarms privacy advocates, who say voters are not properly informed about what’s on their television. … Lawmakers have debated for years how to regulate digital ads but have failed to come to an agreement.”

7. HOW TRUMP WINS, INFLUENCER EDITION: For an illuminating look into why Biden is struggling with young voters, read these pair of contrasting stories on a new class of influencers on the right and left:

Conservative, pro-Trump content creators are helping turbocharge fears of an immigrant “invasion” by getting migrants on camera saying positive things about Biden, sometimes for money, Reuters’ Helen Coster and Ted Hesson report. These influencers often go to cities that have received an influx of migrants or the southern border, and they sometimes baselessly connect immigrants to crime rates. Conservative outlets like Fox News have helped amplify some of the videos.

But progressive influencers who helped bolster Biden in the 2020 campaign are striking a very different tone now, WaPo’s Taylor Lorenz reports. Furious over the Israel-Hamas war, the potential TikTok ban and climate change (despite Biden’s historic climate investments), about one-quarter of leading left-wing TikTok accounts have slammed Biden this year, one analysis finds. In a vivid example, TikTok for Biden has rebranded as Gen-Z for Change — and withheld an endorsement so far.

8. WHISKEY TANGO FOXTROT: “Microsoft Chose Profit Over Security and Left U.S. Government Vulnerable to Russian Hack, Whistleblower Says,” by ProPublica’s Renee Dudley: “Russian hackers … used the flaw [ANDREW] HARRIS had identified to vacuum up sensitive data from a number of federal agencies, including, ProPublica has learned, the National Nuclear Security Administration … and the National Institutes of Health … Harris’ account … upends the prevailing public understanding of the SolarWinds hack.” Microsoft didn’t dispute the article but said it was committed to security.

9. IRONIC BACKSTORY: A $35 monthly cap on insulin has quickly become reality over the past few years for many Americans — and it’s an accomplishment for which Biden and Trump have sparred over taking credit. But Stat’s Rachel Cohrs Zhang reveals that the idea actually originated with Eli Lilly, one of the very Big Pharma companies that politicians have made boogeymen. Former CMS head SEEMA VERMA confirmed that company CEO DAVID RICKS first approached the agency in 2019 about doing an experiment with $35 payments under Medicare. Verma calls him the “unsung hero” of the concept.

 

JOIN US ON 6/13 FOR A TALK ON THE FUTURE OF HEALTH CARE: As Congress and the White House work to strengthen health care affordability and access, innovative technologies and treatments are increasingly important for patient health and lower costs. What barriers are appearing as new tech emerges? Is the Medicare payment process keeping up with new technologies and procedures? Join us on June 13 as POLITICO convenes a panel of lawmakers, officials and experts to discuss what policy solutions could expand access to innovative therapies and tech. REGISTER HERE.

 
 
PLAYBOOKERS

Joe Biden is launching new ads blasting Donald Trump for Jan. 6 and targeting Latinos on inflation.

Evan Gershkovich will stand trial on espionage charges in Yekaterinburg.

J.D. Vance was no big fan of Trump in 2016 and 2017.

Bob Menendez’s absence is glaring for immigration advocates.

IN MEMORIAM — “Christophe Deloire, Who Strove to Protect Journalists, Dies at 53,” by NYT’s Sam Roberts: “As the leader and spokesman for Reporters Without Borders, he rescued some, sought refuge for others and lobbied for pluralism in the press.”

OUT AND ABOUT — SPOTTED last night at a party at the Met Club celebrating Joe Wall’s new job as head of U.S. government affairs and public policy at BlackRock, hosted by Dina Powell McCormick: Sens. Bill Hagerty (R-Tenn.), Todd Young (R-Ind.) and J.D. Vance (R-Ohio), Rep. Max Miller (R-Ohio), Roy Blunt, Kevin Fromer, Michael Allen, Jamie Wall, Mike Meece, Marc Lampkin, Cliff Sims, and Jonathan Martin and Betsy Fischer Martin.

— Business Executives for National Security hosted their Eisenhower Award dinner at the Ritz-Carlton last night, honoring Commerce Secretary Gina Raimondo and Alex Karp. SPOTTED: Dominic Raab, Eric Fanning, Francis Finelli, John Negroponte, Robert Geckle, Lauren Bedula, Heather Hopkins, Lt. Heather Penney, Stuart Holliday, Wyndee Parker, Colombian Ambassador Juan Pinzón and Mary Boies.

— The National Confectioners Association hosted its annual Congressional Baseball Game summer soiree last night at Royal Sands Social Club, celebrating June as National Candy Month. SPOTTED: Reps. Ron Estes (R-Kan.), Brian Babin (R-Texas), Eric Burlison (R-Mo.), Dutch Ruppersberger (D-Md.), Laurel Lee (R-Fla.), Valerie Foushee (D-N.C.), Jerry Carl (R-Ala.) and Troy Carter (D-La.), Elise Fennig, Brian McKeon, Dan Shorts and Carly Schildhaus.

— SPOTTED at a Churchill Tommy Gun Society dinner last night hosted by Jamie Weinstein and Michelle Fields, with special guest Steve Ballmer (who was in town for meetings with congressional leaders on behalf of USAFacts): Ben Jacobs, Elaina Plott Calabro, Jonathan Swan, Liz Landers, Poppy MacDonald and Jessica Piha-Grafstein.

— SPOTTED at APCO’s 40th anniversary celebration and 2024 global elections halftime report at its global headquarters: Margery Kraus, Brad Staples, Kelly Williamson, Courtney Crowder, Evan Kraus, Mara Hedgecoth, Dan Meyers, Betsy Fischer Martin, Dan Glickman, Brandon Neal, Tim Roemer and Nina Verghese.

BONUS BIRTHDAY: Will King of the House the Natural Resources Committee

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