The president is now looking at other paths forward, including a plan being drafted by a bipartisan group of senators or the possibility of passing his proposal without Republican support.
Biden Looks to Bipartisan Group as Negotiations Collapse
After weeks of negotiations, President Joe Biden ended his efforts to reach an infrastructure deal with a group of Senate Republicans Tuesday.
Hopes for the centerpiece of Biden’s domestic agenda, however, are not dead. Lawmakers have already moved quickly to craft contingencies, outlining three main pathways for the next steps forward.
First, while an agreement between Biden and Republican senators is no longer an option, a joint deal is not off the table. Amid the ongoing negotiations, a bipartisan group of centrist senators have been quietly crafting an alternative plan in case the talks collapsed.
Currently, very few details of that plan are public, but the moderates have made it clear that their biggest division right now is the same sticking point that hung up Biden and the GOP group: how to fund the plan.
Negotiations on that front could prove very difficult, but they could also yield more votes. As a result, Biden indicated this path is his first choice, calling three members of the group Tuesday evening to cheer on their efforts.
Even if the group can come up with a deal that appeases Biden, the possibility still exists that not enough members would embrace it. In addition to funding questions, there are still disputes between Democrats and Republicans in regards to what constitutes “infrastructure.”
The president wants to expand the definition to more broad, economic terms. Republicans, however, have repeatedly rejected that, instead opting for more traditional conceptions of infrastructure.
As a result, while GOP lawmakers are worried that any proposal from the moderates would be too expansive, Democrats are concern that key provisions would be cut.
If a joint agreement cannot be reached, Biden’s second option for his infrastructure plan would be to forge ahead to pass a deal with just Democratic support in the Senate through budget reconciliation, the same procedure used to get the stimulus bill through.
Biden, for his part, does appear to at least be considering this option. In addition to calling the bipartisan group moderates Tuesday evening, he also spoke to Senate Majority Chuck Schumer (D-N.Y.) about drafting a new budget outline Democrats could use for the reconciliation process.
That path, however, also faces hurdles. In order for Democrats to even approve legislation through this process, they need all 50 members to vote in favor — something that is not guaranteed, given that some moderate senators have voiced their opposition to passing bills without bipartisan support.
While Schumer did say that he would still start work on a reconciliation package, he also outlined the third possible option: two separate bills.
“It may well be part of the bill that’ll pass will be bipartisan, and part of it will be through reconciliation,” he said Tuesday. “But we’re not going to sacrifice the bigness and boldness in this bill.”
See what others are saying: (The Washington Post) (The New York Times) (NBC News)
Federal Court Throws Out Alabama Congressional Map, Citing Racial Gerrymandering
The judges ruled that the Republican-held legislature gerrymandered the map so the state only had one Black-majority district despite Black residents composing 27% of the state’s population.
Alabama Ordered to Redraw Map
A panel of federal judges tossed Alabama’s new congressional map on Monday, ruling that the current version significantly weakens the voting power of Black residents.
In their decision, the three judges noted that while about 27% of Alabamians are Black, the map drawn by the Republican-led legislature after the 2020 census was gerrymandered to leave just one of the state’s seven districts with a Black majority.
“Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress,” the judges wrote. “We find that the plaintiffs will suffer an irreparable harm if they must vote in the 2022 congressional elections based on a redistricting plan that violates federal law.”
As a result, the panel also ordered state lawmakers to redraw their map so that it includes “two districts in which Black voters either comprise a voting-age majority or something quite close to it.”
The legislature was given 14 days to redo their map before they appoint a special master to do so.
Ongoing Legal Battles
Shortly after the ruling, a spokesperson for Alabama Attorney General Steve Marshall said in a statement that his office “strongly disagrees with the court’s decision and will be appealing in the coming days.”
According to reports, the matter could ultimately go to the Supreme Court, which would decide whether lawmakers can draw maps that are gerrymandered along racial lines.
The high court ruled in 2019 that federal courts do not have the power to block congressional maps that are gerrymandered to skew districts in a partisan manner unless a state’s constitution explicitly prohibits such gerrymandering. The justices did keep parts of the Voting Rights Act that ban racial or ethnic gerrymandering, which the federal panel claimed was the case in Alabama.
Alabama’s congressional map is not the only one drawn by Republicans that has been thrown out in recent weeks. Earlier this month, Ohio’s Supreme Court ordered lawmakers to redraw a map that would have given Republicans 12 congressional seats and Democrats just three despite the fact that recently the GOP has only won about 55% of the popular vote statewide.
The state’s high court ruled that the map clearly violated a constitutional amendment overwhelmingly passed by voters in 2018 that effectively banned partisan gerrymandering.
See what others are saying: (The New York Times) (The Washington Post) (AL.com)
Supreme Court Agrees to Hear Affirmative Action Cases at Harvard and UNC
The decision to take up the two cases marks the first time affirmative action will go before the high court’s latest conservative-majority bloc.
SCOTUS Takes on Race-Conscious Admissions, Again
The Supreme Court announced Monday that it will again consider whether race-conscious admissions programs at universities are legal in two cases that could have serious implications for affirmative action.
The two lawsuits center around admissions policies at Harvard University and the University of North Carolina at Chapel Hill (UNC), both of which were brought by the conservative nonprofit Students for Fair Admissions.
The Harvard case started in 2014 with a lawsuit that claimed the school discriminated against Asian American students by effectively creating a quota for their admission. It also alleged the school a subjective standard to measure personality traits like likability, courage, and kindness.
The Ivy League school denied the allegations, claiming the challengers used incorrect statistical analysis and broadly arguing that race-conscious policies are legal.
In the case against UNC, the group alleged that the school discriminated against white and Asian applicants by giving preference to Black, Hispanic, and Native American students.
The university, for its part, argued that its policies create more diversity among its student body, also echoing Harvard’s argument that such rules are legal under decades of Supreme Court precedents.
Past Precedent Up in the Air
Lower courts ruled in favor of both schools, finding they did indeed comply with Supreme Court decisions.
But in taking up these two cases, the high court’s conservative majority will now examine whether race-conscious admissions are legal at all. The move could decide the future of affirmative action and undermine more than four decades of precedent on the use of race in college admissions.
The last two times the high court took up cases regarding affirmative action, the justices upheld the constitutionality of race-conscious programs by slim majorities. Now, those majorities have been replaced by a conservative bloc that includes three justices appointed by former President Donald Trump.
According to reports, the justices will likely hear the cases in October.
See what others are saying: (The New York Times) (The Washington Post) (NPR)
Pelosi Reverses Course, Signals Openness to Stock Trading Ban for Congress
The move comes as public and bipartisan support for legislation banning Congress members from stock trading has grown in recent weeks.
Pelosi Backtracks on Member Trading
House Speaker Nancy Pelosi (D-Ca.) on Thursday signaled openness to legislation that would ban members of Congress from trading stocks, reversing her previous position on the matter.
“I do come down always in favor of trusting our members,” Pelosi said at a press conference. “If the impression that is given by some that somebody is doing insider trading, that’s a Justice Department issue and that has no place in any of this.”
“To give a blanket attitude of ‘We can’t do this and we can’t do,’ because we can’t be trusted, I just don’t buy into that. But if members want to do that, I’m okay with that,” she continued.
The speaker’s remarks come as she has faced mounting backlash for voicing opposition to such a ban.
“We are a free market economy,” she told reporters when asked about the matter last month. “They should be able to participate in that.”
While Pelosi herself does not trade, her husband has invested millions in stocks. Those trades have been made public under the 2012 STOCK Act, which has required Congress members and their spouses to disclose when they buy and sell stocks for the last decade.
But the law has a mixed track record. A recent investigation by Insider found that “dozens of lawmakers and 182 senior congressional staff” have violated the law.
The act also came under intense scrutiny after financial disclosures filed by lawmakers exposed that members of both parties made trades in 2020 that benefited their portfolios after receiving early briefings on the seriousness of the pandemic.
The Justice Department reviewed some of the cases, but it ultimately did not bring any charges.
Momentum Grows for Congressional Ban
In recent weeks, pressure to reform the STOCK Act has been growing both among the public and in Congress.
Proponents argue that Congress members should be banned from trading stocks altogether to ensure they do not have conflicts of interest or use their access to classified briefings to make money.
According to a new poll from the progressive firm Data for Progress, 67% of voters support a ban. That number rose to 74% when the respondents were given arguments both for and against the idea.
In Congress, there is widespread bipartisan support for legislation to impose stricter regulations, including among top leadership.
House Minority Leader Kevin McCarthy (R-Ca.) has reportedly said he is considering banning members from trading if Republicans win control of the House and select him as Speaker in 2022.
“I cannot imagine being a Speaker of the House with the power of what can come before committee, you name them and what can come to the floor and trading millions of dollars worth of options,” he told NPR earlier this month. “I just don’t think the American people think that’s right.”
Members of both parties have already put forth proposals. Last week, Sens. Jon Ossoff (D-Ga.) and Mark Kelly (D-Az.) introduced legislation that would effectively ban lawmakers, as well as their spouses and dependents, from buying and selling stocks.
The same day, Sen. Josh Hawley (R-Mo.) rolled out a very similar bill, though his version would not include dependents.