The Hill’s Morning Report — The Supreme Court will tackle these issues in new term

by Alexis Simendinger and Kristina Karisch - 10/03/22 6:45 AM ET

Supreme Court Justice Ketanji Brown Jackson with Chief Justice John Roberts — AP/Carolyn Kaster
Supreme Court Associate Justice Ketanji Brown Jackson stands outside the Supreme Court with Chief Justice of the United States John Roberts, following her formal investiture ceremony at the Supreme Court in Washington, Friday, Sept. 30, 2022. (AP Photo/Carolyn Kaster)

The Supreme Court begins a new term today and court watchers suggest we should fasten our seat belts.

The six Republican-appointed justices are expected this term to pick up where they left off amid high-stakes deliberations over challenges to voting rights, religious freedom, LGBTQ rights, affirmative action at universities and gerrymandered congressional districts, reports The Hill John Kruzel.

Thirty-six days ahead of the midterm elections and 100 days after the Supreme Court’s decision to send abortion rights law to 50 states, justices are painfully aware that public trust in the high court — the only enforcement mechanism it possesses — is at an all-time low (NBC News, The Hill and The Washington Post).

“If, over time, the court loses all connection with the public and the public sentiment, that’s a dangerous thing for democracy,” Justice Elena Kagan said in July, assuring attendees at a legal conference that she had no specific Supreme Court ruling(s) in mind. “We have a court that does important things, and if that connection is lost, that’s a dangerous thing for the democratic system as a whole.”

The high court’s rightward trajectory and the pronounced public belief that abortion should be legal in nearly all circumstances are political talking points for President Biden and Democratic candidates who want to retain power after November. For conservatives, the court’s last term was the fulfillment of a long-term GOP project to remake laws and overturn Supreme Court decisions they argue were wrongly decided. Some moderate Republican candidates say they worry that the abortion controversy will cost their party in voter turnout, fundraising and backing from some business leaders.

Vox reports that democracy itself is on the docket this term. The Washington Post runs through details of the cases coming before the 6-3 court, which now includes Biden-nominated Justice Ketanji Brown Jackson, who succeeded the now-retired Justice Stephen Breyer.

Time magazine points to the court’s internal strains as Chief Justice John Roberts, with his preference for moderation and concern that the Supreme Court is increasingly seen as a partisan arm of government, lost control of the majority. There are calls for Justice Clarence Thomas to recuse himself from election-related matters amid accounts of the efforts made by his activist wife, Virginia “Ginni” Thomas, who told members of Congress that she believes a narrative, despite a lack of evidence, that results of the 2020 election were rigged and should have been overturned.

▪ The New York Times: As the new term starts, the Supreme Court is poised to resume a rightward push.

▪ Bloomberg News: The Supreme Court is about to display its power imbalance again.

Related Articles

▪ The Hill: Supreme Court to hear case that could have massive impact on U.S. water quality.

▪ Bloomberg Law: Racial gerrymandering meets voting rights in Supreme Court clash.

▪ The New York Times: Top state judges make a rare plea in a momentous Supreme Court election law case.

▪ The Hill, opinion: Expect fireworks from the Supreme Court’s 2022-2023 term.

▪ NBC News: After COVID-19 precautions, the high court partially reopens to the public.

LEADING THE DAY

➤ STATE WATCH & DISASTER RESPONSE

The destruction in Florida from Hurricane Ian is so vast that officials on Sunday continued to size up community needs, account for the missing and estimate resources necessary to recover.

It will take years to rebuild in some counties.

The president and first lady Jill Biden will visit Florida on Wednesday after flying to Puerto Rico today to survey damage from Hurricane Fiona, which killed at least 25 people.

Ian, the massive storm that followed Fiona, is responsible for at least 76 confirmed deaths in Florida and four in North Carolina as of this morning (CNN). Officials warned that fatalities could continue to climb (The Washington Post). More than half of all storm-related deaths in Florida as of the weekend were in Lee County, which includes Fort Myers, Cape Coral and Sanibel. The New York Times reported that county officials delayed issuing an evacuation order ahead of the storm, a decision that state officials promised to probe.

Sanibel Island Mayor Holly Smith told ABC News on Friday of four known fatalities. “This is going to be a very long recovery process,” she said, noting that a section of the only causeway was demolished. “But right now, [the plan is] getting everybody off that island and to safety. It is not habitable.”

Flood waters in some areas rose over the weekend despite clear skies. Saturated ground slowly pushed water into homes and streets that had been passable in the hours and days after the initially Category 4 storm blew itself out by crossing the state and meandering northeast through the Carolinas.

As of this morning more than 627,000 customers in Florida remain without power and many people were without water or internet service on Sunday, complicating efforts to do just about everything, including restore communications, sewage systems and distribute sandbags to vulnerable properties accessible now only by motor boat or kayak. Retirement facilities are struggling with flooding. A hospital without water remained a sanitation hazard on Sunday.

“We worry a lot about the direct impacts from the storm itself as it is making landfall, but we see so many more injuries and sometimes more fatalities after the storm,” Federal Emergency Management Agency Administrator Deanne Criswell told “Fox News.”

“People need to stay vigilant right now,” she added. “Standing water brings with it all kinds of hazards — it has debris, it could have power lines, it could have hazards in there that you just don’t know about.”

The FEMA chief assured people Sunday that federal help will be available to the broadest possible definition of those in need. “We’re going to support all communities,” Criswell said. “I committed that to the governor, I commit to you right here that all Floridians are going to be able to get the help that is available to them through our programs” (The Hill).

Florida Sen. Marco Rubio (R) told ABC’s “This Week” that lawmakers would seek additional funding for hurricane relief to assist people to get back on their feet. “What we’re going to ask for Florida is what we supported for every other state in the country that’s been affected by natural disasters, and that’s emergency relief designed to be sent immediately to help the people affected now,” Rubio said (The Hill).

The senator and Republican Gov. Ron DeSantis of Florida, reacting to criticism that they voted against hurricane relief for Northeastern states after Hurricane Sandy in 2012, say they objected at the time to pork spending and unrelated add-ons backed by Democrats (The Hill). Both are up for reelection and each is eyed as a future potential presidential candidate.

Reuters: Elon Musk to provide Florida with Starlink satellites to improve communications in response to Hurricane Ian.

IN FOCUS/SHARP TAKES

➤ POLITICS & VOTERS

With 36 days until election day, early voting is underway in several states.

Voters in Illinois and Michigan have been casting ballots since Thursday, and certain voters are eligible for early voting in South Dakota, Wyoming, Minnesota, Virginia, New Jersey and Vermont (The New York Times).

As the election nears, the battle for control of the Senate is likely coming down to four key states, writes The Hill’s Al Weaver. In Nevada and Georgia, two Democrats are trying to hold on to their seats; in Pennsylvania and Wisconsin, Republicans are seeking to keep one open seat and save a vulnerable incumbent.

While these four states are not the only competitive contests, both parties view them as focal points and the races where they’ll likely see a shift in power.

The Cook Political Report only rates Nevada, Georgia and Wisconsin in the toss-up category, but Pennsylvania is likely to follow after Republican Mehmet Oz’s surge in the polls last month against Lt. Gov. John Fetterman (D).

A string of polls shows Fetterman with a narrow lead of between 2 and 5 points within the margin of error. In August, an average of polls from Real Clear Politics gave Fetterman an average lead of 9 points.

This development comes as he faces growing scrutiny over his health, Republicans attack him on his law enforcement record as lieutenant governor and Oz racks up notable endorsements, writes The Hill’s Julia Manchester. While Fetterman’s allies say the recent polling is the result of Election Day approaching, it also raises the stakes for the Democratic candidate as he looks to maintain his lead ahead of a crucial debate against Oz later this month.

In Wisconsin, Democrat Mandela Barnes trails Sen. Ron Johnson (R) by 5 points (51 percent to 46 percent) in a new poll conducted for the AARP.

In Nevada, former Attorney General Adam Laxalt leads Sen. Catherine Cortez Masto (D) by 2 points (45 percent to 43 percent), according to a poll from The Nevada Independent.

And in Georgia, Republican Herschel Walker trails Sen. Raphael Warnock (D) by 4 points (47 percent to 43 percent), according to a Fox News poll.

▪ Axios: Democrats have problems in Wisconsin and Pennsylvania in Senate races.

▪ The Philadelphia Inquirer: The Pennsylvania Senate race is tight as Oz closes on Fetterman.

▪ NBC News: Nevada Democrats see signs of nightmare scenario: Latino voters staying home.

▪ Politico: Georgia and Nevada on their minds: Senate watchers sweat two swing states.

▪ The New York Times: The racial divide Republican Senate candidate Herschel Walker of Georgia couldn’t outrun.

“It’s up for grabs at this point,” Sen. Dick Durbin (D-Ill.) told The Hill. “Every race we’re in the margin of error, which means the next six weeks can easily decide it.”

The Hill’s Ben Johansen rounded up key upcoming Senate debates, including those in Georgia, Pennsylvania, Ohio and Wisconsin.

Senate Democrats are favored to keep their majority, recent polling shows, but Democrats are worried the polls may be flawed in their favor, writes The Hill’s Alexander Bolton, signaling a possible repeat of 2016 and 2020. But lawmakers acknowledge the political environment looks much better for their chances since the Supreme Court struck down Roe v. Wade in June, ending the national right to abortion.

“Confident would not be the word. Optimistic is the word,” Sen. Tim Kaine (D-Va.) said. “I think it’s going to be a late election night.” In 2016, polling indicated Kaine, who was Hillary Clinton’s running mate, would become the vice president.

▪ New York Magazine: Why are pollsters disagreeing about the 2022 midterms?

▪ The Washington Post: GOP sees path to Senate majority through Nevada and Georgia amid spending boost.

▪ FiveThirtyEight: Five reasons for Democrats to still be concerned about the midterms.

▪ NBC News: GOP cuts into Democrats’ lead among Latino voters.

Republicans are hoping that Colorado Senate candidate Joe O’Dea’s decision to distance himself from the more extreme elements of the party will help them pull off a win in what some hope could be a sleeper race come November, writes The Hill’s Caroline Vakil. O’Dea, a construction company executive running to unseat Sen. Michael Bennet (D-Colo.), has come out in support of some abortion rights while also bucking his party by suggesting former President Trump shouldn’t run in 2024. The GOP argue O’Dea’s branding himself as a moderate will help appeal to critical voting blocs in the state, even though he still faces an uphill climb.

The Hill: GOP prospects dim in New Hampshire Senate race.

The Hill’s Max Greenwood identifies five key ballot measures to watch for in November: abortion rights, marijuana policy, election reform, climate change and the environment, and slavery. According to Ballotpedia, 137 statewide ballot measures have been certified for the ballot in 37 states this year.

In November, voters in 36 states will decide on 129 statewide ballot measures, while voters in Louisiana will decide on three on Dec. 10. Elsewhere, voters in four states decided on five ballot measures earlier in the year — three were approved and two were rejected.

Four states will vote on ballot initiatives in November, according to data from the Kaiser Family Foundation.

▪ The Hill: Progressives search for their next Sens. Bernie Sanders (I-Vt.) and Elizabeth Warren (D-Mass.).

▪ The Hill: Ranking Trump and the top seven GOP White House contenders.

Meanwhile, The New York Times uncovered new information about DeSantis’ migrant flights last month. Venezuelan asylum seekers in Texas were recruited for the flights by a former DeSantis’ aide, Perla Huerta, a woman reported to be a former Army medic and counterintelligence agent. The airline charter company DeSantis used, Vertol Systems, has ties to both the governor and Rep. Matt Gaetz (R-Fla.).

Huerta approached migrants near shelters in San Antonio, Texas, The Times reports, and they were flown by charter aircraft to Martha’s Vineyard, Mass., using Florida public funds.

OPINION

■ You thought the Supreme Court’s last term was bad? Brace yourself, by Ruth Marcus, deputy editorial page editor, The Washington Post. https://wapo.st/3rpmsG4

■ Ian is a wake-up call on the real costs of climate paralysis, by Lara Williams, social media editor, Bloomberg Opinion. https://bloom.bg/3SNHjhH

WHERE AND WHEN

The House meets at noon on Tuesday for a pro forma session. Members are scheduled to return to the Capitol Nov. 14.

The Senate convenes Tuesday at 10 a.m. for a pro forma session. Senators also are scheduled to return for work on Nov. 14.

The president and first lady Jill Biden this morning will travel to Puerto Rico to meet with officials and residents affected by Hurricane Fiona. They will visit Florida on Wednesday to discuss the devastation left by Hurricane Ian.

Secretary of State Antony Blinken is traveling in Colombia. He will join President Gustavo Petro and Colombian Foreign Minister Álvaro Leyva in Bogota for a working lunch at 1:10 p.m. local time. He will hold a joint press conference with Petro in the afternoon. The secretary will tour Fragmentos Museum and speak during a signing ceremony to support the comprehensive implementation of the Ethnic Chapter of the 2016 Peace Accord with Colombian Vice President Francia Márquez at 4:15 p.m.

Economic indicator: The Institute of Supply Management report on manufacturing in September will be released at 10 a.m.

🖥 Hill.TV’s “Rising” program features news and interviews at http://digital-stage.thehill.com/hilltv, on YouTube and on Facebook at 10:30 a.m. ET. Also, check out the “Rising” podcast here.

ELSEWHERE

➤ INTERNATIONAL

The narrative in the West about President Vladimir Putin’s war with Ukraine is that he is failing and is desperate to tell Russians otherwise, including through an annexation plan, described in Kyiv, European capitals and Washington as illegal, a scam and a farce.

As Putin on Friday declared four Ukrainian regions annexed under referendums and suddenly part of Russia, troops under the Kremlin’s command retreated from the eastern Ukrainian city of Lyman, which was supposed to be part of Moscow’s annexation victory, after being encircled by Ukrainian forces.

The Washington Post: Both houses of Russia’s rubber-stamp parliament were expected to pass annexation documents covering Ukrainian regions today and Tuesday.

President Volodymyr Zelensky in Kyiv said events in Lyman dramatically contradicted Putin’s claims. “When the Ukrainian flag is returned, no one remembers the Russian farce with some pieces of paper and some annexations,” he said over the weekend (The New York Times).

During their withdrawal from liberated Lyman, Russians abandoned military vehicles in streets and bodies of soldiers on the roads into town. The Times reported that it was apparent on Sunday that Ukraine was determined to rid the town of occupiers as soldiers and police patrolled the streets.

The Wall Street Journal: Ukrainians rejoiced the hasty exit of Russians from Lyman and helped themselves to Russian supplies.

The attempted Russian seizure of territory was condemned by the United States, the United Nations and global sanctions have been urged. Former CIA Director and retired Gen. David Petraeus said bluntly on Sunday that Putin “is losing.”

“No amount of annexation, no amount of even veiled nuclear threats can get him out of this situation,” he told ABC’s “This Week.” “He’s going to continue to lose on the battlefield,” he predicted, pointing to Russia’s recent retreat from a strategic hub in eastern Ukraine. Mounting sanctions are another complication for Russia, he added.

In Ukraine, one lawmaker and member of parliament told CNBC today that his government will not negotiate with Russia unless it agrees to withdraw all its troops from Ukrainian territory.

“Ukraine is ready for negotiations at any moment, but negotiations about what? About the retreat of Russian troops from our territory? Sure,” Oleksiy Goncharenko said. “But Putin is not going to do this. He claimed that the territories he invaded are Russian, so clearly he has chosen the way of escalation and that’s why the only answer is on the battlefield and Ukraine is doing this.”

▪ The Guardian: Petraeus: U.S. would destroy Russia’s troops if Putin used nuclear weapons in Ukraine.

▪ The New York Times: Putin’s repeated threats to use nuclear weapons as part of the war with Ukraine are being gamed out by U.S. officials, who gauge the risks of the Russian president’s follow-through as low.

▪ Medill News Service: What exactly is a low-yield nuclear weapon?

▪ The Washington Post: Two Americans, who fought for Ukraine and were captured, describe months of Russian beatings and interrogation.

▪ Le Monde: In the face of Putin’s difficulties, Marine Le Pen, France’s far-right leader of the National Rally parliamentary group, reinforced her criticisms of Europe.

In Indonesia on Saturday, a stampede at a soccer stadium killed 125 people and left more than 320 injured after police used tear gas to stop fans from rushing the field (Reuters). According to The New York Times, “Police officers began shooting tear gas canisters into the crowd and beating fans with batons, witnesses said, and in a rush to flee the stadium fans piled up against narrow exits, crushing each other.”

In Brazil, left-wing presidential candidate Luiz Inácio Lula da Silva will face far-right incumbent Jair Bolsonaro in a runoff election on Oct. 30 after neither candidate secured an outright win in Sunday’s first round of voting. Bolsonaro, who has been nicknamed the “Trump of the Tropics” has often discredited the Brazilian electoral system and threatened to not accept its results (CNN).

The U.K. government on Monday reversed one aspect of its new tax policy, abandoning plans to do away with a top tax rate on high-income earners. The change follows widespread criticism of Prime Minister Liz Truss’ sweeping new economic plan, which sent the British pound plummeting and prompted intervention from the Bank of England last week to stop a financial market revolt. Truss said in September that the United Kingdom would borrow billions to pay for tax cuts and spending to insulate consumers from soaring energy bills (The Washington Post).

“We listened to people, and yes, there is some humility and contrition,” Kwasi Kwarteng, the new chancellor of the Exchequer, or finance minister, told BBC Radio. “And I’m happy to own it.”

The New York Times: How the U.K. finance minister came to ignore finance experts.

➤ POX, PANDEMIC & HEALTH

Half of U.S. adults have heard little to no information about the new COVID-19 booster vaccines, according to a new Kaiser Family Foundation report. Federal authorities authorized the vaccines in late August, well ahead of possible fall and winter virus surges (The New York Times).

“America is not rushing out to get the new booster,” Drew Altman, the president of the Kaiser Family Foundation, told the Times. “Most are only dimly aware of it, which is not surprising in a country that seems to have mostly moved on. The exception may be older folks, who are at greater risk and early on are more interested in the new booster.”

Information about booster shots and COVID-19 vaccine access can be found HERE.

▪ The New York Times: Physician burnout has reached distressing levels, new research finds.

▪ CNN: Long COVID: What science has learned about the loss of smell and taste.

Total U.S. coronavirus deaths reported as of this morning, according to Johns Hopkins University (trackers all vary slightly): 1,059,605. Current average U.S. COVID-19 daily deaths are 325, according to the Centers for Disease Control and Prevention.

➤ SECURITY, CYBER & TECH

Members of Congress in both parties are experiencing a surge in threats and confrontations as a rise in violent political speech has increasingly crossed over into the realm of in-person intimidation and physical altercation, according to The New York Times. Since lawmakers and the vice president came within feet of rioters during the attack on the Capitol, Republicans and Democrats have reported instances of stalking, armed visits to their homes, vandalism and assaults.

Officials warn the U.S. is facing a shortage of election workers ahead of the midterms due to a rise in threats against them, The Hill’s Ines Kagubare reports. Experts link the threats to false claims of widespread fraud in the 2020 election.

▪ CBS News: Kim Wyman, the Cybersecurity and Infrastructure Security Agency election security chief, warns of the impact of threats to poll workers.

▪ The Hill: Talya Parker, a Google privacy engineer, is the embodiment of rare diversity in the cybersecurity workforce and founder of “Black Girls in Cyber.” During a recent interview, she spoke about visually being one of a few or the only Black women in the room.

THE CLOSER

And finally … Back in offices after COVID-19 precautions and with children who have returned to classrooms, Americans are facing higher prices for pet feed and care, and their own rising housing costs. The result: a mad dash to return small pets to shelters and sanctuaries.

“It’s important for the public to come back in droves to shelters,” said Christa Chadwick, the vice president of shelter services at the American Society for the Prevention of Cruelty to Animals. “Whether it is for cats or dogs or chickens or hamsters.”

Backyard chickens and ducks, guinea pigs, gerbils and lizards, even fish are being surrendered by families — although the gloomy predictions of a boomerang of dogs and cats sent back to shelters has not been documented (one hypothesis is that psychological attachment is greater with dogs and cats), reports The New York Times.

Small-animal surrenders, on the other hand, surged by more than 50 percent nationwide in the first six months of this year, compared with the same period in 2021, according to Shelter Animals Count.

“It’s a crisis that people are abandoning these animals,” said Bill Crain, who runs Safe Haven Farm Sanctuary in Poughquag, N.Y., and has aviaries currently filled with 98 rescued fowl.

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