Kate Riga
@Kate_Riga24
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Covering Supreme Court etc at TPM & hosting Josh Marshall Podcast; ex-Southampton Press; Hoya; Wawa devotee; Mystics diehard 🚴♀️ kate @talkingpointsmemo .com
Washington D.C.
Joined September 2012
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Wow. AOC just backed ex-acting SecDef Miller into admitting that he didn't approve plan for the Nat Guard to deploy on 1/6 until 4:32, a difference from his claim that he ordered deployment at 3. That 4:32 order came after he talked to Pence (after calls from many panicked Dems)
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A furious Sanders on Manchin/Sinema: "It's not just this vote. These are people who I think have undermined the President of the United States. They have forced us to go through five months of discussions which have gotten absolutely nowhere."
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A clearly angry Kagan pulling no punches: "The current Court is textualist only when being so suits it. When that method would frustrate broader goals, special canons like the 'major questions doctrine' magically appear as get out-of-text-free cards"
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The two Arizona senators' responses to doing something legislatively after the Texas shooting, per hill pool:
Kyrsten Sinema (on reforming filibuster): "You know, I don't think that D.C. solutions are realistic here."
Mark Kelly: "It’s fucking nuts to do nothing about this."
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Sen. Patty Murray joins Gillibrand in refusing to accept news that Manchin is forcing paid leave out of the bill: "We are not going to allow one or two men to tell women, millions of them in this country, that they can't have paid leave."
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There it is — Cory Booker's loud "aye" is the 60th vote. The Senate passes same-sex marriage protections, a backstop should the Supreme Court overturn Obergefell, and a direct reaction to Clarence Thomas' concurrence in Dobbs where he called on the Court to revisit the precedent
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Sen. Schatz's new filibuster pitch (echoed by Sen. Warnock too): “We just changed the rules as it relates to the debt limit,” he tells me. “And I think that was important. But if we can do it for markets, we can do it for democracy.”
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God this detail from the Hill pool report breaks my heart — even as they were rushed from the Senate chamber by police, Senate parliamentary staff made sure to grab the boxes holding the electoral college certificates
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Jayapal says Manchin called her this morning. She says it's become clear that he's demonstrated a "lack of integrity" and that his word cannot be trusted — adds that she's not saying anything she didn't say to him on that phone call.
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Scoop: Sen. Bob Casey (D-PA) supports reforming the filibuster to pass abortion protections. "He believes the rule should be changed for a number of issues and this is one of them," his spox tells me. Casey long held anti-abortion beliefs, but recently shifted to support access.
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First Black woman Vice President presiding over the confirmation of the about-to-be first Black woman Supreme Court Justice
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Democrats sound livid from Hill pool reports, after Trump unleashed protesters on the Capitol. "This is because of you!" yelled Rep. Dean Phillips (D-MN) at his GOP colleagues as the gallery doors were shut. "Call Trump!" screamed Rep. Steve Cohen (D-TN). "Call your friend!"
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Wow wow wow - Democrat Mary Peltola beats Sarah Palin in the special House election in Alaska. She'll be the first ever Alaska native to serve in Congress
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Warren dismisses Sinema argument that nixing filibuster will let GOP run roughshod in majority: “If Mitch McConnell believes that he will get even the tiniest advantage from removing the filibuster in the future, he will do it regardless of what Democrats have done in the past”
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Here's the story from me and
@JoshKovensky
about Miller's shifting on key facts here, and attempts to pass the buck to William Walker, commanding general of the DC National Guard
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Rep. Clyburn offers Judge Jackson his "full support," despite Judge Childs (his top choice) not getting the nod. "This is a glass ceiling that took far too long to shatter, and I commend President Biden for taking a sledgehammer to it," he said.
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While we are waiting for news from GA, Pelosi just announced additional committee appointments. New Oversight members caught my eye: Reps. AOC, Katie Porter, Rashida Tlaib & Cori Bush
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Scoop: I got the transcript of Judge Kacsmaryk's conference with the lawyers, where he pushed them to keep tomorrow's hearing secret in the major mifepristone case 🧵
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Breaking into raucous applause, House Democrats pass mini BBB (officially Inflation Reduction Act), which includes the biggest climate investment in US history. The bill now heads to Biden's desk — a stunning resurrection for legislation that seemed dead (again) just weeks ago
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Jayapal says she's been careful to not be critical of Manchin during negotiations, but that's over now. Says she's not willing to hang the "hopes of the American people" on a man who says "different things on different days." Working to create guidance for WH on executive actions
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A Michigan judge in blocking enforcement of a 1931 abortion ban: "If a woman's right to bodily integrity is to have any real meaning, it must incorporate her right to make decisions about the health events most likely to change the course of her life: pregnancy & childbirth."
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Calls on Biden to use executive action as broadly as he can. Also points out that the reason Dems are forced to work w such slim margins is that there are no GOP votes to lower insulin prices/to mitigate climate change/for universal pre-k/for elder care, etc.
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Reiterates many times that she still believes Biden when he told her he had Manchin's commitment, and that Manchin went back on his word — called Manchin's Fox News hit on the "Sunday before Christmas" "disingenuous and disrespectful to the President" and to the American people
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If Manchin calls her again, great — "I have the patience of Job," Jayapal quips. But she's no longer waiting around for that as the "only path." "Let's let the history be a teacher of the present and the future," she says.
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Jayapal says she's gone over in her head "a million times" whether progs erred by allowing BIF to pass first on Biden's word. Thinks Manchin never wanted to pass BBB & didn't care about BIF enough to respond to that leverage-if they blocked BIF, Manchin would've killed BBB then
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New Schumer: Impeachment articles will be delivered to the Senate Monday, McConnell's filibuster demand "won't be accepted"
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Sydney Bobb, the UW Madison student who snapped this pic, told TPM she heard him yelling that he had a bomb. She called her classmates so they'd avoid him. "It's a white guy in a truck near the Capitol," she said. "I’m not from DC, I don't know if that's a regular Tuesday here."
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Murray and Gillibrand were clearly waiting for Manchin on the Senate floor, heads on a swivel as each senator walked in. Immediately made their way towards him when he entered and ushered him into a chair
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Wow that was a huge moment — Biden uses the Republican boos and jeers to go off script and strong-arm them into taking Medicare/Social Security cuts off the table
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Kagan rightly points out the majority's bizarre move to take up a case based on a rule a) that is not in effect b) that won't be put into effect: "This Court could not wait—even to see what the new rule says—to constrain EPA’s efforts to address climate change," she seethes
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Deputy WH Press Secretary Andrew Bates on our reporting that Rep. Ralph Norman called for martial law in Trump's last hours as president: "Plotting against the rule of law and to subvert the will of the people is a disgusting affront to our deepest principles as a country." (1/2)
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Here's my story, including the transcript (with some personal info removed):
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Shelly Simonds winning the seat she lost in 2017 when David Yancey's name was picked from a bowl in part because the courts struck down gerrymandering that contorted her district is truly *chef's kiss*
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INBOX: The DOJ Office of the Inspector General (OIG) is initiating an investigation into whether any former or current DOJ official engaged in an improper attempt to have DOJ seek to alter the outcome of the 2020 Presidential Election.
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Looks like GOP bullying of Jackson on child pornography cases - which some like Don Jr. and Judicial Watch tried to use to turn Manchin against her - may have had the opposite effect. Manchin specifically identifies her "temperament" as ideal to make her "an exceptional jurist"
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As she comes out, Gillibrand tells reporters that she presented Manchin with her idea and that he said he'd "remain open-minded."
"It's not out, it's not over til it's over," she adds.
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Democrats seem jubilant in the House chamber, finally taking the much-delayed final vote on the reconciliation bill. The chatter occasionally threatens to drown out the proxy voting announcements, many of which Dems are embellishing ('an ENTHUSIASTIC yay'). Getting close now
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All else aside, gotta respect the complete avoidance of even taking a stab at spelling Trudeau here
I guess Justin T doesn’t much like my making him pay up on NATO or Trade!
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"This is not a gag order but just a request for courtesy given the death threats and harassing phone calls and voicemails that this division has received. We want a fluid hearing with all parties being heard. I think less advertisement of this hearing is better," he said
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Jackson officially has more bipartisan support than the last two GOP nominees, Justices Kavanaugh and Barrett. Only Manchin supported Kavanaugh, and no Democrats voted for Barrett
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DOJ lawyer asks if hearing will be made public on Tues Judge: "To minimize some of the unnecessary death threats & voicemails & harassment that this division has received from the start of the case we're going to post that later in the day. So it may even be after business hours"
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Pelosi said last night Dems offered to come down $1T in relief plan if GOP comes up $1T - added that Dems would be willing to change expiration dates to make those cuts, but WH negotiators said no
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"...I'll just ask as a courtesy that you not further advertise or Tweet any of the details of this hearing so that all parties can be heard and we don't have any unnecessary circus-like atmosphere of what should be more of an appellate-style proceeding."
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"So other elements of this case have brought a barrage of death threats and protesters and the rest. I don't want that to disrupt your presentation to the Court."
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there it is -- Schumer says organizing resolution is done and that the Senate will vote on it today. That means, among other things, that Merrick Garland will finally get his hearing for attorney general
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@AOC
streaming on twitch right now, playing Among Us. A gamer just referred to her as AOC, then quickly apologized, asking if it was ok that he called her that. AOC: “oh yeah, YOU can call me AOC, MIKE PENCE can’t call me AOC”
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Jackson holding back tears, on when she first arrived at Harvard. "I was really homesick. I was really questioning 'do I belong here? Can I make it in this environment?'" She said she'd tell young people what a Black woman walking down the street told her then: "Persevere."
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Wow — just now, at an event where he promised to sign legislation restoring Roe first thing in January if Dems win enough seats, Biden slips in huge data point from the student debt application release: 'Just since yesterday, 4 MILLION more people applied' he says to cheers
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From the eulogists to the pallbearers, McCain has carefully--and months in advance--planned a ceremony that is a stinging rebuke to Trump and his philosophy
How McCain arranged his funeral to be the ultimate middle finger to Trump
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It's a really Trumpian turn that GOPers embraced during the hearings — apologizing for the "ordeal" Barrett was going through while sprinting along the confirmation. Bemoaning/misconstruing Dem attacks with victory assured. Always playing victim, even when winning
Even With Victory Guaranteed, Republicans Still Paint Barrett As The Victim
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Ossoff campaign confirms to TPM that Perdue did not call the Senator-Elect to congratulate him, matching Perdue's refusal to congratulate Ossoff by name in his concession statement
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Schumer fires back, saying that he was referring to the "political price" Sen GOPers will pay for putting the justices on the court. Adds that Roberts interpreting his comments this way, while mum on Trump's attacks on lib justices, shows he "does not just call balls and strikes"
Chief Justice Puts Schumer On Blast For Making ‘Threatening Statements’
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It's not gotten enough airtime that this opinion draft is permeated with support for fetal personhood, the theory under which anti-abortion activists push to outlaw abortion nationwide. Again, it's folly to think 'leave it to the states' is where this ends
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GOP drama in NH: Nashua GOP invited Gaetz to headline an event pre-allegations. Told me that tomorrow, they'll release a statement standing by him. Gov. Sununu's office tells me he thinks the invite should be rescinded & will "certainly will not attend" event headlined by Gaetz
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Gabe Sterling in Georgia predicts that Ossoff will finish ahead of Perdue by more than half a percentage point, putting him outside of recount territory (Warnock already finished outside that margin)
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The fury in this dissent is palpable: "The majority has overruled Roe and Casey for one and only one reason: because it has always despised them, and now it has the votes to discard them. The majority thereby substitutes a rule by judges for the rule of law," the 3 liberals write
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Biden just entered the caucus room. Greeted by a loud and sustained round of applause
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👀 Thune from hill pool: “They've done a good job connecting the dots and the President's Twitter feed is a matter of public record and they, I think I said an effective job of going back several months.” Other GOPers — Hawley, Rounds — pivoting back to constitutionality argument
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Ah, so, Manchin may let Republicans kill it instead: "I wanna look at everything...but to put this into the reconciliation bill—a major policy—is not the place to do it," he says.
"We've got to be careful what we're doing," he adds. "If we're going to do it, do it right."
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Maricopa County Superior Court Judge Peter Thompson dismisses Kari Lake's lawsuit and confirms Katie Hobbs' election as Arizona's next governor: "The Court cannot accept speculation or conjecture in place of clear and convincing evidence," he writes.
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The very funny Sydney is only in DC in the first place because UW is offering the month-long study away program as "half-assed compensation" for students supposed to study abroad in India or Botswana before COVID hit. "It's been such a long day," she sighed.
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"We all, regardless of party, need to stand up for mainstream values and the Constitution, against dangerous, ultra MAGA conspiracy theories and violent rhetoric." (2/2)
More on Norman and his texts here:
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audible reaction in the room to Graham's hectoring of Jackson. Muttering and head-shaking as the interruptions became so constant that Durbin stepped in. Durbin called his behavior "reprehensible" — Graham just got up and left
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Here's my full interview with Sydney, where she voices the motto of every city-dweller: "I’m from Boston, I’m from a city, so when crazy things happen, you just mind your business"
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Sotomayor cites Clarence Thomas' belief that race used in admissions leads to underperformance by Black and Latino students at elite schools who are less prepared than their white and Asian counterparts.
She responds: "Justice Thomas speaks only for himself."
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Judge Robert Chambers refuses to grant stay requested by West Virginia officials being sued by generic mifepristone maker. Destroys Kacsmaryk, saying his opinion "has been met with broad criticism from legal commentators. Therefore, the Court accords that opinion little weight."
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In student debt, Roberts employs a "major questions" argument, a right-wing "doctrine" that strips agencies of usual court deference when they take actions of large "economic or political significance." Conveniently for the justices here, that threshold is totally subjective
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Scoop: I got the transcript of a hearing last week in a case where Democratic AGs are seeking to expand access to mifepristone — a case that's gotten much less attention than attempts to restrict access to it, like at Kacsmaryk's court in Texas. 🧵
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Same-sex marriage bill has overcome the filibuster, w/ a few more senators to vote still. Sen. Tammy Baldwin, the first openly LGBTQ woman elected to both House & Senate who led it through, was sitting alone & watching the door for much of it, seeming to tick off names
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Some rare bipartisan agreement. Rep. Jim McGovern (D-MA) to us earlier today: “Their conference is filled with narcissists who only give a shit about themselves. They don’t really care about this country or what’s going on in the world.”
Rep. Eli Crane (R-Ariz.):
"I don’t think a lot of people here in this conference actually give a s--- what the American people want.”
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32 days after she was sworn in, Rep. Marjorie Greene has been stripped of her committee assignments. In the last few moments of the vote, there was a GOP jailbreak with 11 members ultimately joining the entire Democratic caucus
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Casey has been open about his willingness to reform the filibuster, but we thought it was important to explicitly confirm that he’d support a carveout apply to codifying abortion protections
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.
@RepAOC
as she walks into the chamber for the Jordan vote: “who’s ready to get on the Titanic?”
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Sen. Sherrod Brown's office tells me they will introduce legislation to make the expanded child tax credit in the COVID relief package permanent "in the very near future," which can go through reconciliation. Rep. Rosa DeLauro has reintroduced a similar bill in the House
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After Greene forces failed motion to adjourn, delaying final vote on COVID relief, her colleagues (incl. 40 Republicans who voted against it) are distinctly ruffled. Cicilline said he'll propose a rule that only committee members can move to adjourn. "I'm dead serious," he said
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BREAKING: Iowa Supreme Court reverses district court decision, letting three disputed signatures collected by the Finkenauer campaign count —
@Abby4Iowa
will qualify for the Democratic primary ballot, and her bid to challenge Sen. Chuck Grassley survives
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Highlights of Jan 6 select committee: Pelosi gets to pick all 13 members (will consult with McCarthy for 5 of them). Committee chair has unilateral subpoena power, a change from the independent commission which required GOP appointees' buy-in. House to vote on committee this week
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Three Black athletes at Liberty University (football players Tayvion Land and Kei'Trel Clark and basketball player Asia Todd) have all recently announced their transfers due to "racial insensitivities" or "cultural incompetence" from the school's leadership
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Some laughter as Sasse says "cameras change human behavior" and that the "jackassery we often see around here is partly because people are mugging for short-term camera opportunities." Cruz has looked up from his phone at Sasse, who is sitting right next to him
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NEW: Pelosi, after morning call with DeJoy, says he has "no intention" to replace already-removed mailboxes and sorting machines, and that plans for "adequate overtime" are "not in the works"
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Has anyone considered that in a moment of weakness, he put on the ring, forgetting it was a Horcrux, & was only saved from immediate death by Snape's speedy ministrations
This *is* odd. What the heck is going on with Mitch McConnell's hands? The image is legit:
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Sen. Warnock on the floor as the powerful closer: "I just have to ask: bipartisanship at what cost? Who is being asked to foot the bill for this bipartisanship, and is liberty itself a cost? I submit that that's a cost too high and a bridge too far."
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Scoop from me &
@emineirmakyucel
: While most Dems are staying tight-lipped about what they'd demand if McCarthy comes knocking for their votes to keep the government open/keep his gavel,
@RepJayapal
tells TPM that the CPC wants a power-sharing agreement to empower Jeffries ⤵️
SCOOP: Rep. Jayapal told TPM Thursday that a sizable chunk of the House Dem caucus plans to demand power-sharing concessions from McCarthy if he ultimately needs their votes to save his speakership or keep the government open.
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Republicans continue to frame the Kavanaugh hearings as an egregiously disrespectful breach of Senate etiquette. Multiple have then promised that Jackson won't be subject to the same treatment — a pretty strange promise, as Jackson has not been accused of sexual assault
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This is absolutely a shot across the bow of agency power — Roberts proudly lists a series of recent Court decisions limiting what agencies can do. With an inoperable Congress (thanks to GOP stonewalling + filibuster) and shackled agencies, the Supreme Court's power only grows
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Warnock's win in a nutshell: Democrats get outright majority on Senate committees, diluted Manchin/Sinema power, small cushion for illnesses/absences, get up a seat in advance of a grisly 2024 Senate map
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Good to remember as we watch this horror unfold that America’s right wing has spent recent days expressing dewy-eyed admiration for Putin, vilifying Ukrainians and speculating that this is all just cover to distract from Democrats’ domestic problems
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Lot of those GOP yes votes from New York and Florida -- Greene spread 9/11 and Parkland conspiracy theories
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Don't let anyone frame the Graham bill as setting a "15 week national standard." That's not what it says — it specifically doesn't "preempt or limit any Federal, State, or local law that provides greater protections for an unborn child." Eg: More draconian bans would still stand.
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Source tells me now that Dems dropped tax workaround to raise min wage, there are no other proposals to get wage hike into COVID relief. Fwiw a standalone min wage hike bill is just the kind of popular legislation filibuster abolitionists tell me they want, to ratchet up pressure
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The idea that abortion ban exemptions would spare the Kate Coxes of the world was always fantasy. Abortion restrictions have long hurt the entire universe of reproductive care beyond those who want to end unwanted pregnancies. (1/2)
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In lieu of SCOTUS arguments tomorrow, Sen. Duckworth realistic on abortion rights: "We’re going to have to pass some sort of legislation, but we can’t do that in a 50-50 Senate," she tells me. "It really puts more importance on the upcoming election in 2022."
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Pelosi on her way out: “I think they’re taking lessons in mathematics and learning how to count”
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While Manchin/Sinema will obviously (fittingly) get all the headlines, all 48 other Democrats voted to reform the filibuster. That includes staunch institutionalists, many of whom said that it was the looming threat to democracy that made them swallow their doubts and back reform
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Sens. Cory Booker and Raphael Warnock now mosey over to have their moment with VP Harris. Has to feel particularly big to Warnock — his and Sen. Ossoff's Georgia runoff wins ensured this confirmation victory
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Huge: FDA panel unanimously votes to recommend making Opill, an FDA-approved birth control pill, available without a prescription. Recommendation not binding, but FDA generally follows. Expanding the availability of contraception is extra critical amid current abortion landscape
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Senior Dem aide confirms to me that Pelosi has the right to veto any of McCarthy's suggestions for 1/6 committee members, adding: "McCarthy is not going to name MTG." Rep. Marjorie Taylor Greene, who is committee-less, is promoting herself for the job.
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NEW: Biden unveils major marijuana reform, including pardons for "all prior federal offenses of simple possession." Senior admin officials say there are 1000s with these prior offenses. Will also direct governors to do the same with state charges + review marijuana's scheduling
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Here's the reality on the filibuster: there isn't some shadowy cabal of Democrats secretly enamored with it, hiding behind Manchin and Sinema. Every other Dem has *at least* expressed openness to changing the rule. Track where each member stands here
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President Biden on Pelosi: "History will note she is the most consequential Speaker of the House of Representatives in our history."
He spoke with the speaker this morning to congratulate her on her "historic tenure."
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