June 2nd
1000 MORE's weekly nonpartisan roundup of the most important happenings in federal government, written in a way that doesn't require a law degree to understand, with tools to take action
June 2, 2023
This week on the Hill:
Debt Ceiling Deal
Making Investing More Accessible
Cancelling Cancelled Student Debt
Making Prescription Drugs Cheaper
Stopping Judge Shopping
Status Check: Judicial Appointments
Debt Ceiling Deal
We have a debt ceiling deal in time for the revised hard-stop Treasury Department deadline of June 5th. The final bill negotiated by the White House and House Republicans is the Fiscal Responsibility Act. The nonpartisan Congressional Budget Office said that the bill would reduce budget deficits by about $1.5T over the next ten years. Here’s what it contains:
Raising the debt limit: the bill increases the debt ceiling through January 1, 2025, so that it won't have to be lifted again until after the 2024 presidential election.
Spending caps, not spending cuts: rather than agreeing to cuts in social programs, the bill essentially freezes spending at current levels.
Student loan repayments: the bill mandates that student loan payments restart on August 29th.
Expanding work requirements: more people receiving SNAP and TANF will have to work to qualify for benefits this bill raises the age cap for the work requirement from 49 to 54. Homeless people, veterans, and people ages 18 to 24 coming out of foster care are exempt from the work requirement.
Funding the PACT Act: while the bill to make sure veterans exposed to toxic burn pits get the services they need passed last year, the funding for it had not yet come through. The Fiscal Responsibility Act funds it.
Taking back unspent money: the federal government will get back some funds that had been appropriated for COVID-19 projects (i.e. to combat fraud) and the IRS (i.e. to go after wealthy tax cheats).
Permitting reform: the reforms on federal permits for energy projects apply not only to oil and gas, but to clean energy and renewables as well, to speed up climate friendly projects.
The House passed the bill on Wednesday by a vote of 314-117. Hardliners on the left and the right voted no, but enough moderate members came together to pass it. The same thing happened yesterday when the Senate passed the bill 63-36, sending it straight to President Biden for his signature to make it law. That means the federal government will not default on its debt and the country avoids the serious economic consequences of default.
Making Investing More Accessible
This week, the House passed a series of financial services bills, largely to make small businesses more competitive and set new parameters on who the government considers to be qualified to invest in certain companies and securities. Most of these changes will expand the number of people who can invest, as well as the number of investment opportunities available. Bills that the House passed include:
Enhancing Multi-Class Share Disclosures Act
Equal Opportunity for All Investors Act
Promoting Opportunities for Non-Traditional Capital Formation Act
Small Entity Update Act
All bills go to the Senate next. You can use the links above to read about the bills and take action.
Cancelling Cancelled Student Debt
Since the start of the pandemic, the federal government has issued a rolling series of rules pausing student loan debt repayments. Then last year, under pressure from activists and progressive Democrats, the Department of Education (DOE) issued a rule to cancel student debt.
In response, this year Congressional Republicans introduced HJ Res. 45 to nullify the DOE rule and reinstate the cancelled debt. While the resolution passed the House last month and the Senate voted to pass it this week, President Biden has promised to veto the resolution. The saga continues.
Making Prescription Drugs Cheaper
Big Pharma has had a target on its back for decades. People on the left and the right mistrust pharmaceutical companies due to their massive profits, increasing prices, and nefarious actions to drive the opioid crisis. Last year, the Inflation Reduction Act included a provision to lower insulin costs for seniors on Medicare to $35 a month. This widely popular move was seen as the start of action on lowering drug prices during Biden's presidency.
The Affordable Prescriptions for Patients Act is a bipartisan Senate bill that would continue on the prescription cost reduction theme. The bill looks to lower costs of a specific class of drugs called biologics. Biologics like Humira or Botox are used to treat a wide range conditions, from cancer to autoimmune disease. They can be blindingly expensive out of pocket. One single treatment can be five to six figures. This bill would stop pharmaceutical companies from pulling biologics from the market when competitors introduce new, similar products that could drive down prices. The Senate could vote on the bill at any time.
Stopping Judge Shopping
Judge shopping is researching the background and past rulings of judges in the federal judiciary in order to select a judge likely to rule in one's favor. It is increasingly common among activists who seek to use the courts to change policy. For example, groups seeking to ban abortion "judge shopped" prior to filing their lawsuit to overturn FDA approval of the abortion pill mifepristone. After choosing a judge, activists raised money and set up an office in that judge’s district so that they could take the case before him. Their plan worked initially, as the judge did overturn the FDA's approval and ban the pill, only to have that ruling overturned by higher courts. This particular case is now before the Supreme Court where a ruling is pending.
Congress is looking to stop the practice of judge shopping by putting in safeguards to make sure the judiciary stays fair and impartial. There are two bills in the Senate that could solve this problem:
The Stop Judge Shopping Act is a new bill from Senator Mazie Hirono, (D-HI) to make the federal courts in D.C. the only courts in which people can file lawsuits with national implications (i.e. mifepristone pill suit). The D.C. courts are widely considered to be the training ground for Supreme Court justices. Chief Justice Roberts as well as Justices Brown Jackson, Kavanaugh, and Thomas all came from this bench. Given its proximity to the federal government, judges appointed to the D.C. courts are considered to be at the top of their field, and are thusly expected to have a better understanding of the national implications of any ruling. You can read about the bill and take action here.
The Fair Courts Act is a new bill from Senator Ron Wyden, (D-OR) that takes another approach to strengthening fairness and impartiality. It would stop district courts from granting nationwide rulings, as they did in the mifepristone case, unless the case is heard by a panel of three judges. It would also randomly assign judges and increase transparency with judicial assignment decisions listed online. Use this link to contact your elected officials about the bill.
Status Check: Judicial Appointments
The Senate has now confirmed a total of 130 Biden nominees to federal judicial appointments. Most recently, the Senate confirmed Darrel Papillion to be District Judge for the Eastern District of Louisiana this week.
The path to 130 has not been without hiccups. Two nominees withdrew their names last month: Jabari Wamble of Kansas, who had been nominated to be Circuit Judge for the Tenth Circuit, and Michael Delaney of New Hampshire, who had been nominated to be Circuit Judge for the First Circuit.
At this point, 21 judges still await approval in the Senate. Have a view you would like to share?
What Congress Passed This Week
What POTUS Signed Into Law This Week
Nothing, again. But stay tuned- Biden has about half a dozen bills on his desk that he can sign at any time. He is expected to sign the Fiscal Responsibility Act as soon as possible.
