Stand with Ukraine, Ketanji Brown Jackson Nominated to SCOTUS, and the State of the Union Address
By Jason Pye - Director, Rule of Law Initiatives
Point of Order is a (mostly) weekly preview of key congressional activity for those with more than a passing interest in federal policy.
Stand with Ukraine: I don’t even know what to write here. I’ve been completely captivated by the news out of Ukraine and inspired by the courage with which Ukrainians are defending their homeland from an unjustified invasion by Russia. Ukrainian President Volodymyr Zelenskyy and his people have, to this point, bested Russian dictator Vladimir Putin. The United States and its allies in Europe and across the world have imposed harsh sanctions against Russia. I disagree with many of President Biden’s policies. I didn’t vote for him. (I didn’t vote for Trump, either.) But we all need President Biden to be successful in the face of Russian aggression. It’s clear that Putin is desperate and apparently willing to escalate, bringing a threat not seen in the world since the Cuban missile crisis in October 1962. We should put politics aside, support humanity, and recommit ourselves to the idea that all people deserve to be free. 🇺🇦
Funding for Ukraine: It’s possible that Congress will consider the Biden administration’s request for $6.4 billion in military assistance and humanitarian aid for Ukraine and countries receiving refugees. However, that funding could get wrapped into the omnibus appropriations bill that Congress is expected to consider before March 11.
We have a SCOTUS nominee: President Biden has named Judge Ketanji Brown Jackson to serve as an Associate Justice of the U.S. Supreme Court. Jackson clerked for her predecessor, Justice Stephen Breyer, and served as a public defender. If confirmed, Jackson would be the first public defender to serve on the Supreme Court. Jackson served on the U.S. District Court for the District of Columbia (confirmed by voice vote) and is currently a judge on the U.S. Court of Appeals for the D.C. Circuit (confirmed by a vote of 53 to 44). She has also served as Vice-Chair of the U.S. Sentencing Commission. Brown is a relative by marriage of former Speaker Paul Ryan (R-WI), who introduced her at her December 2012 confirmation hearing to the D.C. District Court. Jackson will begin meeting with senators this week. The dates for confirmation hearings haven’t been announced.
The House is back: The House returns on Tuesday at 2:00 pm for legislative business. First and last votes today are expected around 6:30 pm. The chamber will be in session through Thursday, with the last votes of the week expected before 3:00 pm that day. There are eight bills (listed below) on the suspension calendar for the week. These bills will likely be on the floor between Monday and Tuesday.
‘Six Triple Eight’ Congressional Gold Medal Act, S. 321 (Financial Services Committee)
To provide for the application of certain provisions of the Secure Rural Schools and Community Self-Determination Act of 2000 for fiscal year 2021, S. 3706 (Agriculture Committee)
Methamphetamine Response Act, S. 854 (Energy and Commerce Committee)
STANDUP Act, S. 1543 (Energy and Commerce Committee)
Supporting the Foundation for the National Institutes of Health and the Reagan-Udall Foundation for the Food and Drug Administration Act, S. 1662 (Energy and Commerce Committee)
CROWN Act, H.R. 2116 (Judiciary Committee)
Emmett Till Antilynching Act, H.R. 55 (Judiciary Committee
To designate the facility of the United States Postal Service located at 170 Manhattan Avenue in Buffalo, New York, as the "Indiana Hunt-Martin Post Office Building," H.R. 2142 (Oversight and Reform Committee)
Bills that come to the floor under suspension of the rules require two-thirds of members present and voting for passage. This is the most common way that bills considered by the House come to the floor. Some of these bills may be passed by a voice vote, rather than a roll call vote. Most bills that come to the floor under suspension aren’t widely considered controversial, although leadership may occasionally test a bill under suspension to gauge opposition or sneak a bill through the chamber.
At least one rule bill this week but more could come: The House Rules Committee will meet at 2:00 pm today to consider the rule and amendments for the Honoring Our PACT Act, H.R. 3967. The Honoring Our PACT Act is aimed at increasing access to healthcare for veterans exposed to harmful toxins, including per- and polyfluoroalkyl (PFAS) and radiation. It’s possible that additional legislation could come to the floor this week, such as appropriations for Ukraine and additional sanctions.
Sad news: Rep. Jim Hagedorn (R-MN) passed away on February 17 from kidney cancer. He was 59 years old. Hagedorn was first elected in November 2018. He served on the Agriculture and Small Business committees.
Party divisions in the House: The party divisions in the House are 222 Democrats and 211 Republicans. For purposes of passing legislation under a rule, 217 votes constitute a majority. There are vacancies in CA-22 (Nunes) and MN-01 (Hagedorn).
Well, you don’t see this every day: Reps. Peter DeFazio (D-OR) and Warren Davidson (R-OH) led a bipartisan letter to President Biden urging him to seek congressional authorization from Congress before involving the United States in any conflict between Russia and Ukraine. The letter features some of the most progressive and conservative voices in the House, including Reps. Alexandria Ocasio-Cortez (D-NY), Ayanna Pressley (D-MA), Pramila Jayapal (D-WA), Andy Biggs (R-AZ), Louie Gohmert (R-TX), and Thomas Massie (R-KY). There really isn’t any ambiguity in the Constitution on this question. Article I, Section 8 of the Constitution is very clear that “[t]he Congress shall have the power…[t]o declare war.” However, Article V of the North Atlantic Treaty, which was ratified by the Senate, stipulates that an attack against one member is an attack against all. Although no members of the North Atlanta Treaty Organization (NATO) have been attacked, it’s believed that Russian dictator Vladimir Putin has his sights set on NATO countries that were part of the former Soviet Union.
We all wear masks, metaphorically speaking: The mask mandate in the House has been lifted. Masks are now optional.
Condemn this, House Republicans: Reps. Paul Gosar (R-AZ) and Majorie Taylor Greene (R-GA) made appearances at a white nationalist event over the weekend. House Minority Leader Kevin McCarthy (R-CA) has promised to restore Gosar and Greene’s committee assignments, and even put them on better committees if Republicans take back the majority. Is that still his plan after this?
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week can be found here.
FEMA: Building a Workforce Prepared and Ready to Respond Part 2 (Homeland Security Subcommittee on Emergency Preparedness, Response, and Recovery; Tuesday at 10:00 am)
A 2022 Review of the Farm Bill: Commodity Group Perspectives on Title 1 (Agriculture, Tuesday at 10:00 am)
From Recovery to Recession: Examining the Impact of the American Rescue Plan’s State and Local Fiscal Recovery Funds (Oversight and Reform, Tuesday at 10:00 am)
Promoting Economic Prosperity and Fair Growth Through Access to Affordable and Stable Housing (Economic Disparity and Fairness in Growth, Tuesday at 10:00 am)
Discrimination and the Civil Rights of the Muslim, Arab, and South Asian American Communities (Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties; Tuesday at 10:00 am)
Competition and the Small Business Landscape: Fair Competition and a Level Playing Field (Small Business, Tuesday at 10:00 am)
Improving Retirement Security and Access to Mental Health Benefits (Education and Labor Subcommittee on Health, Employment, Labor, and Pensions; Tuesday at 10:15 am)
Holding Big Tech Accountable: Legislation to Protect Online Users (Energy and Commerce Subcommittee on Consumer Protection and Commerce, Tuesday at 10:30 am)
FY23 Strategic Forces Posture Hearing (Armed Services Subcommittee on Strategic Forces; Tuesday at 2:00 pm)
Substance Use, Suicide Risk, and the American Health System (Ways and Means, Wednesday at 10:00 am)
Monetary Policy and the State of the Economy (Financial Services, Wednesday at 10:00 am)
Markup of Various Legislative Measures (Homeland Security, Wednesday at 10:00 am)
From Gray to Green: Advancing the Science of Nature-Based Infrastructure (Science, Space, and Technology Subcommittee on Environment; Wednesday at 10:00 am)
Investing in Economic Mobility: The Important Role of Hispanic Serving Institutions and Other Minority Serving Institutions (Education and Labor Subcommittee on Higher Education and Workforce Investment, Wednesday at 10:15 am)
Lessons from the Frontline: COVID-19’s Impact on American Health Care (Energy and Commerce Subcommittee on Oversight and Investigations, Wednesday at 10:30 am)
Assessing the Effectiveness of Suicide Prevention Programs (Armed Services Subcommittee on Military Personnel, Wednesday at 2:00 pm)
Oversight of Section 220 of the Congressional Accountability Act: Implementing the Rights of Congressional Staff to Collectively Bargain (House Administration, Wednesday at 2:00 pm)
COVID Child Care Challenges: Supporting Families and Caregivers (Coronavirus Crisis, Wednesday at 2:00 pm)
Examining the Court-Ordered Reimplementation of the Remain in Mexico Policy (Homeland Security Subcommittee on Border Security, Facilitation, and Operations; Wednesday at 2:00 pm)
The Neglected Epidemic of Missing BIPOC Women and Girls (Oversight and Reform Subcommittee on Civil Rights and Civil Liberties, Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Legislating in the Senate: The Senate returns today at 3:00 pm to resume consideration of the motion to proceed to the Women’s Health Protection Act, H.R. 3755. Senate President Pro-Tempore Patrick Leahy (D-VT) will read Washington’s Farewell Address. This is an annual tradition in the Senate that began in 1862. A vote series on the cloture motion to the motion to proceed to the Women’s Health Protection Act and the cloture motion to the motion to proceed to the Postal Service Reform Act, H.R. 3076, is expected to begin around 5:30 pm. Presumably, the Senate will continue work on the Postal Service Reform Act during the week, assuming the cloture motion to the motion to proceed is approved.
Inhofe to step down: Sen. Jim Inhofe (R-OK) will reportedly resign when the new Congress begins. Inhofe, who was first elected in November 1994, is the ranking member of the Senate Armed Services Committee. He is 87 years old. The thinking is that a special election will be held this fall to determine his successor.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
To receive testimony on Global Security Challenges and Strategy (Armed Services, Tuesday at 9:30 am)
Nominations Hearing (Finance, Tuesday at 10:00 am)
Federal Support for Preventing Carjackings (Judiciary, Tuesday at 10:00 am)
Legislative Hearing (Energy and Natural Resources, Tuesday at 10:00 am)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
Implementation of the Infrastructure Investment and Jobs Act by the U.S. Department of Transportation (Environment and Public Works, Wednesday at 10:00 am)
Nominations Hearing (Agriculture, Nutrition, and Forestry; Wednesday at 10:00 am)
Chief Human Capital Officers at 20: What is Needed to Empower CHCOs to Ensure HR Practices Support Agencies’ Mission Success (Homeland Security and Governmental Affairs Subcommittee on Governmental Operations and Border Management, Wednesday at 2:30 pm)
U.S. Policy Towards India (Foreign Relations Subcommittee on Subcommittee on Near East, South East, Central Asia and Counterterrorism; Wednesday at 2:30 pm)
Executive Business Meeting (Judiciary, Thursday at 9:00 am)
Hearing To Review FERC’s Recent Guidance On Natural Gas Pipelines (Energy and Natural Resources, Thursday at 10:00 am)
The Semiannual Monetary Policy Report to the Congress (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
Executive Session and Ocean Shipping Reform Act Hearing (Commerce, Science, and Transportation; Thursday at 10:00 am)
Examining the Senate Confirmation Process and Federal Vacancies (Homeland Security and Governmental Affairs, Thursday at 10:15 am)
Nominations Hearing (Foreign Relations, Thursday at 10:30 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
The State of the Union: President Biden will give his first State of the Union address on Tuesday at 9:00 pm. All members of Congress may attend this year’s address, although no guests are allowed.
The Republican response to the SOTU: Iowa Gov. Kim Reynolds will give the Republican response to President Joe Biden’s first State of the Union address. She has served as governor since May 2017 when then-Gov. Terry Branstad resigned to become the Ambassador to China. Prior to her tenure as governor, Reynolds served as lieutenant governor and a member of the Iowa Senate. Reynolds received attention during the COVID-19 pandemic for ignoring guidance on masks before signing a mask mandate in November 2020. She rolled back the mandate in February 2021. In May 2021, she signed legislation prohibiting so-called “vaccine passports.” Reynolds has been good on criminal justice reform, having restored the voting rights of individuals convicted of a felony upon the completion of their sentence. Her focus on the issue comes from her personal experience with alcohol addiction. The Cato Institute gave Reynolds an “A” in its most recent Fiscal Policy Report Card on America’s Governors. Reynolds will give the Republican response immediately following President Biden’s State of the Union address.
The progressive response to the SOTU: Rep. Rashid Tlaib (D-MI) will give the Working Families Party’s response to the State of the Union address. Tlaib’s expected remarks are being called the “progressive response” to President Biden’s address. A member of the Squad, Tlaib is an outspoken progressive who was elected in November 2018. She is the first Palestinian-American woman to serve in Congress. Talib’s response highlights the rift between the Biden administration and progressives who believe the administration has been far too centrist in its first year.
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