Source: U.S. Army National Guard/Col. Steve Rowe
- In a call obtained by Politico, a senior FEMA official said Army National Guard deployment would come to a “hard stop” on June 24.
- This coincides with the expiration of a federal order deploying the Guard in response to the coronavirus, though President Donald Trump did extend that order once.
- Still, many veterans have expressed concern because Trump’s extension is set to expire one day short of when thousands of active duty Guard members would be able to qualify for retirement benefits, as well as educational benefits under the G.I. Bill.
Thousands to Fail to Qualify for G.I. Benefits
More than 40,000 Army National Guard members have been deployed across the United States to provide backup for states fighting the coronavirus pandemic, but now, a scheduled “hard stop” to their deployments could leave thousands unable to access crucial benefits.
Notably, that would include aspects such as early retirement benefits and education benefits granted under the post-9/11 G.I. Bill.
To access those benefits, Guard members must log 90 days of active duty, but the current federal order expires on June 24, meaning thousands of Guard members would have only logged 89 days, one day short of the threshold. That’s because many of these troops were deployed in late March.
According to a call obtained by Politico, there is reason to believe that the order may not be extended to give those troops the ability to access their benefits. In that call, a senior Federal Emergency Management Agency official says the Trump Administration will reportedly put a “hard stop” on deployments on June 24.
This would mean that not only would states see an abrupt loss of crucial frontline workers, but the Trump administration would also likely face questions about withholding access to their benefits. According to Politico, in this call, that FEMA official admits as much, reportedly telling dozens of colleagues that this move would require a delicate messaging strategy.
“We would greatly benefit from unified messaging regarding the conclusion of their services prior to hitting the 90-day mark and the retirement benefit implications associated with it,” the official said.
Currently, Guard members have been deployed across 44 states, three territories, and the District of Columbia to help with testing people for the coronavirus, as well as to trace the spread of infections. Part of their duties also includes decontaminating nursing homes and setting up field hospitals.
In fact, their deployment has been extremely valuable to understaffed and underfunded state public health agencies trying to contain outbreaks. It’s also the largest domestic deployment since Hurricane Katrina in 2005.
Why Can’t Troops Just Pick Up An Extra Day?
On the surface, picking up an extra day of work to obtain those qualifications doesn’t sound too daunting, but for these Guard members, without federal orders, that would be impossible.
That’s because all 90 days of required active duty need to be from federal deployments.
For example, Guard members must serve twenty years before they can qualify for pension at age 60; however, for every 90 days they’ve served during a federal emergency, they can move up that retirement by three months.
But the key phrase here is “during a federal emergency.” State deployments don’t count, and that’s even if states decide they need to keep troops around after June 24.
All of that then means that to see these benefits, Guard members would have to wait until their next federal deployment. Since federal emergencies obviously aren’t planned, it’s unknown how earlier or how late that could come.
Will the Trump Administration Issue an Extension?
Another major question looming for many Guard members is if the Trump administration will issue an extension so they can see these benefits without having to wait indefinitely.
Multiple governors and lawmakers from other states have asked the White House to extend its federal order, arguing that pulling the National Guard out of states too soon could contribute to a possible second wave of infections.
President Donald Trump’s original order was scheduled to expire on May 31.
In early April, federal lawmakers from states like New Hampshire, Connecticut, West Virginia, and Illinois all sought an extension through the fall. On April 29, Colorado’s entire congressional delegation joined the chorus by asking Trump for an extension through the rest of the year.
While Trump did issue an extension on May 8, it was actually only for 24 days. Very unusually here, that meant this deployment was scheduled to end in the middle of the week.
“It seemed kind of weird to me,” retired Brigadier General and president of the National Guard Association, J. Roy Robinson said to Politico. “It’s a Wednesday. And it also coincides with 89 days of deployment for any soldiers who went on federal status at the beginning. I was getting all kind[s] of calls about it and I said, ‘It’s probably just a coincidence.’ But in the back of my mind, I know better. They’re screwing the National Guard members out of the status they should have.”
U.S. Representative from New York and National Guard captain Max Rose has also intensely criticized of the move, calling it the “definition of heartless.”
“In peacetime, we should never balance our budget on the backs of our soldiers, so why anyone would think this is okay to do in the middle of a wartime effort is beyond human comprehension,” Rose said in a statement.
“This decision must be reversed not only because it is deeply unpatriotic, but also economically unsound and puts our gains against COVID-19 at risk for some short-term, foolish budgetary gimmick.”
While top National Guard and other federal officials on that call didn’t dispute the June 24 cutoff or bring up the possibility of an extension, a spokesperson for the National Guard has said that a decision to extend deployments could still be made in the coming weeks.
At the same time, the National Guard’s Hall has seemingly countered by saying that the 90-day threshold is cumulative and that Guard members can pick up that final day upon the next federal deployment.
An abrupt end to National Guard deployment could also create an expensive hole for states to have to attempt to fill.
Reportedly, it costs $9 million a month to support 1,000 active duty members.
Because of that, the National Guard Association has warned that without federal orders and funding, most states won’t be able to “support significant Guard deployments.”
That would, in turn, potentially create an even bigger problem because for the members that states can’t support, they may actually be taken out of the field before June 24. This is because National Guard members will be required to self-quarantine for two weeks before returning to civilian life.
Biden Calls on Congress To Extend Eviction Moratorium
The move comes just two days before the federal ban is set to expire.
Eviction Freeze Set To Expire
President Joe Biden asked Congress on Thursday to extend the federal eviction moratorium for another month just two days before the ban was set to expire.
The request follows a Supreme Court decision last month, where the justices ruled the evictions freeze could stay in place until it expired on July 31. That decision was made after a group of landlords sued, arguing that the moratorium was illegal under the public health law the Centers for Disease Control and Prevention had relied on to implement it.
While the court did not provide reasons for its ruling, Justice Brett Kavanaugh issued a short concurring opinion explaining that although he thought the CDC “exceeded its existing statutory authority,” he voted not to end the program because it was already set to expire in a month.
In a statement Thursday, White House Press Secretary Jen Psaki cited the Supreme Court decision, as well as the recent surge in COVID cases, as reasons for the decision to call on Congress.
“Given the recent spread of the delta variant, including among those Americans both most likely to face evictions and lacking vaccinations, President Biden would have strongly supported a decision by the CDC to further extend this eviction moratorium to protect renters at this moment of heightened vulnerability,” she said.
“Unfortunately, the Supreme Court has made clear that this option is no longer available.”
Delays in Relief Distribution
The move comes as the administration has struggled to distribute the nearly $47 billion in rental relief funds approved as part of two coronavirus relief packages passed in December and March, respectively.
Nearly seven months after the first round of funding was approved, the Treasury Department has only allocated $3 billion of the reserves, and just 600,000 tenants have been helped under the program.
A total of 7.4 million households are behind on rent according to the most recent data from the Census Bureau. An estimated 3.6 million of those households could face eviction in the next two months if the moratorium expires.
The distribution problems largely stem from the fact that many states and cities tasked with allocating the fund had no infrastructure to do so, causing the aid to be held up by delays, confusion, and red tape.
Some states opened portals that were immediately overwhelmed, prompting them to close off applications, while others have faced technical glitches.
According to The Washington Post, just 36 out of more than 400 states, counties, and cities that reported data to the Treasury Department were able to spend even half of the money allotted them by the end of June. Another 49 — including New York — had not spent any funds at all.
Slim Chances in Congress
House Speaker Nancy Pelosi (D-Ca.) urged her colleagues to approve an extension for the freeze Thursday night, calling it “a moral imperative” and arguing that “families must not pay the price” for the slow distribution of aid.
However, Biden’s last-minute call for Congress to act before members leave for their August recess is all but ensured to fail.
While the House Rules Committee took up a measure Thursday night that would extend the moratorium until the end of this year, the only way it could pass in the Senate would be through a procedure called unanimous consent, which can be blocked by a single dissenting vote.
Some Senate Republicans have already rejected the idea.
“There’s no way I’m going to support this. It was a bad idea in the first place,” Senator Patrick Toomey (R-Pa.) told reporters. “Owners have the right to action. They need to have recourse for the nonpayment of rent.”
With the hands of the CDC tied and Congressional action seemingly impossible, the U.S. could be facing an unprecedented evictions crisis Saturday, even though millions of Americans who will now risk losing their homes should have already received rental assistance to avert this exact situation.
See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)
Mississippi Asks Supreme Court To Overturn Roe v. Wade
The Supreme Court’s decision to consider Mississippi’s restrictive abortion ban already has sweeping implications for the precedents set under the landmark reproductive rights ruling, but now the state is asking the high court to go even further.
Mississippi’s Abortion Case
Mississippi filed a brief Thursday asking the U.S. Supreme Court to overturn Roe v. Wade when it hears the state’s 15-week abortion ban this fall.
After months of deliberation, the high court agreed in May to hear what will be the first abortion case the 6-to-3 conservative majority will decide.
Both a district judge and a panel of the U.S. Court of Appeals for the 5th Circuit had ruled that Mississippi could not enforce the 2018 law that banned nearly all abortions at 15 weeks with exceptions for only “severe fetal abnormality,” but not rape and incest.
If the Supreme Court upholds the Mississippi law, it would undo decades of precedent set under Roe in 1973 and upheld under Planned Parenthood v. Casey in 1992, where the court respectively ruled and reaffirmed that states could not ban abortion before the fetus is “viable” and can live outside the womb, which is generally around 24 to 28 weeks.
When the justices decided to hear the case, they said they would specifically examine the question of whether “all pre-viability prohibitions on elective abortions are unconstitutional.”
Depending on the scope of their decision on the Mississippi law, the court’s ruling could allow other states to pass much more restrictive abortion bans without the risk of lower courts striking down those laws.
As a result, legal experts have said the case will represent the most significant ruling on reproductive rights since Casey nearly three decades ago, and the Thursday brief raises the stakes even more.
When Mississippi asked the justices to take up its case last June, the state’s attorney general, Lynn Fitch (R), explicitly stated that the petition’s questions “do not require the Court to overturn Roe or Casey.”
But that was before the court’s conservatives solidified their supermajority with the appointment of Justice Amy Coney Barrett — who personally opposes abortion — following the death of liberal Justice Ruth Bader Ginsburg.
New Filing Takes Aim at Roe
With the new filing, it appears that Fitch views the high court’s altered makeup as an opportunity to undermine the constitutional framework that has been in place for the better part of the last century.
“The Constitution’s text says nothing about abortion,” Fitch wrote in the brief, arguing that American society has changed so much that the previous rulings need to be reheard.
“Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability,” she added, claiming the power should be left to state lawmakers.
“Roe and Casey shackle states to a view of the facts that is decades out of date,” she continued. “The national fever on abortion can break only when this Court returns abortion policy to the states.”
The Center for Reproductive Rights, which represents Mississippi’s sole abortion provider in the suit against the state’s law, painted Fitch’s effort as one that will have a chilling effect on abortion rights nationwide.
“Mississippi has stunningly asked the Supreme Court to overturn Roe and every other abortion rights decision in the last five decades,” Nancy Northup, the president and CEO of the group said in a statement Thursday. “Today’s brief reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country.”
The Supreme Court has not yet said exactly when during its fall term it will hear oral arguments on the Mississippi case, but a decision is expected to come down by next June or July, as is standard.
An anticipated ruling just months before the 2022 midterms will almost certainly position abortion as a top issue at the ballot box.
See what others are saying: (The New York Times) (The Washington Post) (Politico)
Republicans Boycott Jan. 6 Committee After Pelosi Rejects Two of McCarthy’s Picks
The House Minority Leader said that unless House Speaker Pelosi reinstated the two members, Republicans will launch their own investigation into the insurrection.
Pelosi Vetoes Republicans
Republicans are boycotting the select committee to investigate the insurrection after House Speaker Nancy Pelosi (D-Ca.) rejected two of the five GOP members Minority Leader Kevin McCarthy (R-Ca.) picked to serve on the panel Wednesday.
In a statement, Pelosi cited the “statements and actions” of Rep. Jim Jordan (R-Oh.) and Jim Banks (R-In.), whose nominations she said she was opposing “with respect for the integrity of the investigation.”
Jordan and Banks — both staunch allies of former President Donald Trump — have helped propagate the previous leader’s false election claims, opposed efforts to investigate the insurrection, and voted not to certify the election for President Joe Biden.
A senior Democratic aide also specifically told The Washington Post that Democrats did not want Jordan on the panel because he reportedly helped Trump strategized how to overturn the election and due to the fact he spoke to the then-president on Jan. 6, meaning there is a possibility he could be called to testify before the very same committee.
The aide also said that Democrats opposed Banks’ selection because of a statement he issued after McCarthy chose him.
In the statement, the representative compared the insurrection to the racial justice protests last summer, implied that the rioters were just normal American’s expressing their political views, and claimed the committee was a political ploy “to justify the Left’s authoritarian agenda.”
Notably, Pelosi did say she would accept McCarthy’s three other nominees — including Rep. Troy Nehls (R-Wi.), who also voted against certifying Biden’s win.
McCarthy Threatens Separate Investigation
McCarthy, however, refused to select new members, and instead opted to remove all his appointees from the would-be bipartisan committee.
In a statement condemning the move, the minority leader said that Pelosi’s action “represents an egregious abuse of power.”
“Denying the voices of members who have served in the military and law enforcement, as well as leaders of standing committees, has made it undeniable that this panel has lost all legitimacy and credibility and shows the Speaker is more interested in playing politics than seeking the truth,” he said.
“Unless Speaker Pelosi reverses course and seats all five Republican nominees, Republicans will not be party to their sham process and will instead pursue our own investigation of the facts.”
Pelosi defended her decision during a press conference Thursday, where she said that Banks and Jordan were “ridiculous” choices for the panel.
“When statements are ridiculous and fall into the realm of, ‘You must be kidding,’ there’s no way that they’re going to be on the committee,” she added.