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SCOTUS skirts pre-debate bombshells

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Jun 27, 2024 View in browser
 
Playbook PM

By Garrett Ross

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The U.S. Supreme Court is seen.

The Supreme Court this morning held off on the blockbuster cases remaining before the bench. | Francis Chung/POLITICO

THE CATCH-UP

The Supreme Court this morning issued four opinions, chipping away at the outstanding list of cases before the bench — though they left the blockbuster decisions, including DONALD TRUMP’s immunity bid, for another (non-presidential-debate) day.

Nota bene: The court has added Monday as an additional day to decide some of the eight remaining cases, meaning opinions will be announced in July for the first time since the 2020-21 term. They’ll be back tomorrow first.

Here’s what unfolded today …

An in-house call: The court ruled that the SEC can’t rely on in-house tribunals to resolve certain enforcement disputes, “a decision that could deliver a blow to a critical power of corporate watchdogs across the federal government,” Declan Harty and Josh Gerstein write. The 6-3 decision along the usual ideological lines, they add, was “a resounding win for conservatives who have argued for years that federal regulators wield too much authority with too little oversight.” Another blow could come in the coming days, with a pending challenge to agencies’ interpretative authority under the 1984 Chevron ruling.

A blow to billionaires: The justices also “rejected a nationwide settlement with OxyContin maker Purdue Pharma that would have shielded members of the Sackler family who own the company from civil lawsuits over the toll of opioids but also would have provided billions of dollars to combat the opioid epidemic,” AP’s Mark Sherman writes. “After deliberating more than six months, the justices in a 5-4 vote blocked an agreement hammered out with state and local governments and victims.”

From draft to page: After inadvertently publishing the decision online yesterday, the justices dismissed as premature an appeal of a lower-court decision invalidating Idaho’s strict abortion ban. The ruling means Idaho hospitals are “once again required to provide abortions in a medical emergency despite the state’s near-total ban on the procedure” while the 9th Circuit takes of the case, Alice Miranda Ollstein writes.

Airing it out: The court also temporarily put on hold an EPA “plan to curtail air pollution that drifts across state lines, dealing another blow to the Biden administration’s efforts to protect the environment,” NYT’s Adam Liptak writes. “The ruling was provisional, and challenges to the plan will continue to be litigated in an appeals court and could then return to the Supreme Court. But even the temporary loss for the administration will suspend the plan for many months and maybe longer.”

SURVEY SAYS — A new AP-NORC poll finds that a “solid majority of Americans say Supreme Court justices are more likely to be guided by their own ideology rather than serving as neutral arbiters of government authority,” AP’s Thomas Beaumont and Linley Sanders write. The survey found that “7 in 10 Americans think the high court’s justices are more influenced by ideology, while only about 3 in 10 U.S. adults think the justices are more likely to provide an independent check on other branches of government by being fair and impartial.”

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

 

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UP FOR DEBATE — After weeks of breathless anticipatory coverage, it’s finally debate day in America — with President JOE BIDEN and Trump set to square off at 9 p.m. on CNN.

Here’s one more pre-game data point, for good measure: Biden has a low bar to clear in terms of the public’s expectations, according to a pair of recent national polls.

The latest NYT/Siena College poll conducted in the days leading up to tonight’s debate finds that “60 percent of registered voters thought Mr. Trump would perform ‘very’ or ‘somewhat’ well in the matchup. Only 46 percent said the same about Mr. Biden,” NYT’s Lisa Lerer writes.

“Overall, nearly half of voters anticipated a poor showing for Mr. Biden, signaling that the president enters the televised event facing widespread skepticism and scrutiny over his ability to demonstrate his fitness for office.”

Meanwhile, a new Gallup poll finds that Trump comes into tonight with a more positive view among voters than Biden. “The poll finds that about twice as many Republicans are pleased with Trump being the GOP nominee as Democrats are with Biden leading their party’s ticket.”

A big but, but, but: “Overall, less than half of Americans view either candidate favorably, think either has the personality and leadership qualities a president should have, and say they agree with either on the issues that are most important to them.”

The age-old question: “While Biden and Trump — the two oldest major party candidates to seek the U.S. presidency — are separated by just three years in age, Americans perceive Biden’s advanced age as a far greater liability.”

More top pre-debate reads:

  • Take note, Jake and Dana: Our colleague Victoria Guida ticks through a sharp list of questions that she would ask Biden and Trump on the economy after a campaign that thus far has often focused on apocalyptic rhetoric: “Come January, one of these men will be governing, and we don’t know nearly enough about what they will do over the next four years.”
7 THINGS YOU NEED TO KNOW

Cathy McMorris Rodgers speaks with reporters.

House Energy and Commerce Chair Cathy McMorris Rodgers' (R-Wash.) plan for a data privacy was turned around by House Republicans this morning. | Francis Chung/POLITICO

1. SUDDEN U-TURN: The highly anticipated markup of a sweeping House data privacy bill was suddenly canceled this morning amid objections from top Republican leaders to House Energy and Commerce Chair CATHY McMORRIS RODGERS’ (R-Wash.) plan to advance the bill out of her committee. “Members of her panel implored Speaker MIKE JOHNSON and Majority Leader STEVE SCALISE (R-La.) on a call Wednesday night to tell McMorris Rodgers to delay the mark-up until issues with the bill are ironed out, according to one lawmaker on the call,” Olivia Beavers reports. Business interests have objected to some provisions of the bill, particularly one that could open firms to private lawsuits.

What CMR is saying: “The American people are asking Congress to step up and pass a privacy bill. It is foundational to our future and the next generation,” McMorris Rodgers said in a statement. Today, I’m calling for all moms, dads, and freedom-loving Americans to join me in this fight."

What Johnson is saying: “It is time for Americans to have greater control over their privacy online, especially for the safety of our children,” the speaker posted on X. “I am committed to working to build consensus in the House on a data privacy bill.”

2. GHOST IN THE MACHINE: Philadelphia is the latest battleground for Democrats as two warring wings of the party threaten to sink Biden’s support in the fall. “Leaders of Philadelphia’s Democratic Party have been feuding with progressives and organizers on the party’s left, amid disagreements over policy, the requirements of party discipline and the mechanics of engaging voters to get them to the polls,” Bloomberg’s Ted Mann reports.

“Public polls and party operatives detect low enthusiasm for the 81-year-old president, concerns about his age and the uneven benefits of his economy, and increasing anger about the administration’s support for Israel in the war in Gaza.” It’s a notable location for Biden in particular — “just a short drive from his Delaware home” that “embodies the same generational and political schism tormenting the Democratic Party nationwide, including in crucial cities like Atlanta, Detroit and Milwaukee.”

3. TRUMP 2.0: During his first stint in the Oval Office, Trump “presided over the biggest increase in U.S. tariffs since the Great Depression, hitting China, Canada, the European Union, Mexico, India and other governments with stiff levies,” NYT’s Ana Swanson and Alan Rappeport write. Now, as he aims for a return to power, Trump is “promising to ratchet up his trade war to a much greater degree. He has proposed ‘universal baseline tariffs on most foreign products,’ including higher levies on certain countries that devalue their currency. In interviews, he has floated plans for a 10 percent tariff on most imports and a tariff of 60 percent or more on Chinese goods. He has also posited cutting the federal income tax and relying on tariffs for revenue instead.”

Related read: “EPA chief seeks to reassure employees as specter of Trump looms,” by WaPo’s Maxine Joselow

 

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4. MIDDLE EAST LATEST: New U.S. intel indicates that a “large-scale confrontation between Israel and Hezbollah is likely to break out in the next several weeks if Jerusalem and Hamas fail to reach a cease-fire deal in Gaza, Erin Banco reports. “U.S. officials are trying to convince both sides to deescalate — a task that would be significantly easier with a cease-fire in place in Gaza. But that agreement is in tense negotiations and U.S. officials are not confident Israel and Hamas will agree to the deal on the table in the near future. Meanwhile, the Israel Defense Forces and Hezbollah have drafted battle plans and are in the process of trying to procure additional weapons, according to two senior U.S. officials briefed on the intelligence.”

“Both sides have publicly said they do not want to go to war, but senior Biden officials increasingly believe that intense fighting is likely to break out despite efforts to try and prevent it. The risk is higher now than at any other point in recent weeks, according to another senior U.S. official.”

Related reads: “Biden Administration Scrambles to Head Off Wider War Between Israel and Hezbollah,” by WSJ’s Michael Gordon … “Pentagon IG launches review of Gaza pier,” by Eric Bazail-Eimil

5. ON THE HORIZON: House Republicans are “laying the groundwork this week for a fight to fund the government later this year, attempting to push through party-line legislation with steep spending cuts and culture war proposals that could trigger a broader spending battle in the coming months,” WaPo’s Jacob Bogage writes. “Funding for the federal government expires Sept. 30, and the House is in the midst of considering all 12 appropriations bills — or annual spending legislation — to head off a lapse in resources and an ensuing government shutdown.”

By passing their own versions of the bills, which are a far cry from the deal on spending that Republicans hammered out with the White House last year, the House GOP is ensuring that the bills will stall out in the Senate, which will trigger the need for a stopgap CR to avert a shutdown in October. In effect, House Republicans are kicking the can down the road until after November’s elections, when they believe they can reclaim control of both chambers.

6. DANCE OF THE SUPERPOWERS: “China says U.S. can’t stop it from taking ‘giant steps’ in space,” by WaPo’s Michelle Ye Hee Lee and Lyric Li: “China this week became the first country to retrieve rocks and other materials from the [far side of the moon], which experts say could be a gamechanger in humanity’s understanding of how the moon came to be, when its Chang’e 6 lunar probe returned to Earth on Tuesday after a 53-day mission. China’s methodical steps over the years to extend its reach from Earth orbit to the moon and even Mars have worried U.S. officials, especially as NASA’s Artemis moon program faces delays.”

7. MEGATREND: “Expanding Hispanic Community Propels U.S. Population Growth,” by WSJ’s Jon Kamp and Paul Overberg: “The latest estimates from the year ended July 1, 2023, underscore a demographic shift spanning the U.S. that was fueled by the growing number of Hispanic people. The U.S. Hispanic population grew by 1.16 million to more than 65 million in the recently estimated year, accounting for roughly 70% of overall population growth in that period. The overall population grew less than 1% to nearly 335 million. About one-third of the Hispanic gain — more than 437,000 people — was due to migrants entering the U.S., the Census Bureau estimated.”

 

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PLAYBOOKERS

Roberta Kaplan is leaving her law firm “after clashing with her partners over her treatment of colleagues,” per the NYT.

Michelle Obama is unhappy with the Biden family’s treatment of Kathleen Buhle.

Dick Durbin had hip replacement surgery.

SPORTS BLINK — The Bad News Babes bested the congressional softball team, 9-4, last night in the annual Congressional Women’s Softball Game for charity. “It was the second win in a row for the press, who are trying to regain their momentum after lawmakers pulled off an upset in 2022. Despite a late-inning rally, Congress’ bats couldn’t answer good defense,” Roll Call’s Paul Fontelo reports. “This year, organizers raised more than $670,000. Announcers Andrea Mitchell of NBC News and former Reps. Cheri Bustos and Ileana Ros-Lehtinen said it was a record haul.”

OUT AND ABOUT — The Independent Women’s Forum hosted a party at Le Vie for Riley Gaines’ new book “Swimming Against The Current: Fighting for Common Sense In A World That’s Lost Its Mind” ($30) yesterday evening. SPOTTED: Kristina Arriaga, Vince Coglianese, Alexis Wilkins, Nancy Hogshead, Paula Scanlan, May Mailman, Christina Robbins, Cynthia Monteleone and Jennifer Sey. PicAnother pic

Renegade DC and XX-XY Athletics also hosted a party last night for Gaines’ new book at Playa Ocho Cantina. SPOTTED: Mary Margaret Olohan, Vanessa Santos, Jennifer Sey, Betsy DeVos, Sarah Mills, Isabelle Rosini, Meghan McCain, Mary Katherine Ham, Libby Emmons, Paula Scanlon, Emily Domenech, Katie Pavlich, Alex Pappas, Brett Cooper, Ryan Colby, Megan Stencel, Bridget Lewis, Amber Duke and Frank Schembari. Pic

Award-winning filmmakers Ashley Avis and Edward Winters hosted wildlife expert organizations and advocates on Capitol Hill yesterday for “A Cry for the Wild,” a rally to end animal torture and protect wolves and other wildlife. Avis, Rep. Dina Titus (D-Nev.), celebrity dog trainer Jonas Black, biologist Erik Molvar and the Sierra Club’s Bradley Williams spoke at a Hart Senate Office Building reception on the imperative of ending wolf torture and killings. SPOTTED: Alan Nguyen, Ryan Myers, Robb Harleston, Dean Johnson and Dan Ronayne.

— SPOTTED at a fundraiser for Rep. Andrea Salinas (D-Ore.) hosted by Congressional Hispanic Caucus staffers Brian Garcia and Allison Zayas yesterday evening: CHC Deputy Chair Adriano Espaillat (D-N.Y.), Estuardo Rodriguez, Noel Perez, Jose Mercado, Fransisco Carrillo, Dean Aguillen, Rosemary Garza, Hasan Solomon and Karla Rodriguez.

The UCAN Power and Exchange Monitor held their second annual Nuclear Energy Security Summit at the Ronald Reagan Building yesterday. SPOTTED: Rep. Chuck Fleischmann (R-Tenn.), Nuclear Regulatory Commission Chair Christopher Hanson, Brian McCormack, Lucian Niemeyer, Jeff Crater, Kirsten Cutler, Carol Berrigan, Niko McMurray, David Tyndall, Michael McGhee, Jeff Waksman, Maxim Serezhin and Ted Garrish.

— SPOTTED at a party at the International Spy Museum celebrating the 10th anniversary of Echelon Insights: Pete Snyder, Annie Dickerson, Michael Steel, Penny Lee, Ariel Edwards-Levy, Bettina Inclan Agen, Mark Rodgers, Jared Meyer, Karlyn Bowman, Declan Garvey, Sarah Isgur, Matt Continetti, JP Freire, Katherine Mangu-Ward, Rory Cooper, Ashley Pratte Oates, Eric Bazail-Eimil, Ben Khoshbin, Victor Tolomeo, Sander Eisen, Kristen Soltis Anderson, Patrick Ruffini, Kai Chen Yeo, Avery James and Yakun Sharma.

FIRST IN PLAYBOOK — Adam Farris is joining Toyota as director of international trade and supply chains. He most recently was chief of staff for Sen. Tim Scott (R-S.C.).

MEDIA MOVES — Joel Schectman and Maggie Severns are joining WSJ’s enterprise team. Schectman previously was an investigative reporter for Reuters. Severns previously was a reporter at NOTUS and is a POLITICO alum.

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