What is the use of being elected or re-elected, unless you stand for something?
-Grover Cleveland
TRUMP’S DAY IN COURT: In a conference call argument before three Ninth Circuit judges, the DOJ urged the court to vacate a restraining order on the President’s executive order suspending foreign entry from seven predominantly Muslim countries. President Trump may have statutory power to impose the restriction, but it seems two of the judges, both Democrats, are concerned the order unconstitutionally targets Muslims - a First Amendment violation. A decision could be issued at any time with a good chance the case moves on to the Supreme Court. Trump’s opponents have the edge after last night’s argument. But the lower court ruling is legally vulnerable and unreasonably broad in scope. The president could very well prevail at the end of this rapid fire appeals process. Our Senior Telecom & Media Policy Analyst Paul Glenchur has an excellent analysis of the implications of Trump’s travel ban - replay here.
SQUEAKER IN THE SENATE: Mike Pence became the first Veep in history to cast the deciding vote on a Cabinet nominee when he voted to confirm Education Secretary Betsy DeVos. Republican Senators Susan Collins and Lisa Murkowski both voted no to join the Democrats as the remainder of the Senate voted along party lines. This was also the first time since 2008 a Veep has had to cast the tie breaker dating back to then Veep Dick Cheney’s vote on tax legislation. The Senate confirming the controversial DeVos all but guarantees that Trump will get his full cabinet confirmed - albeit slower than normal given Democrats dilatory tactics - with the exception of Labor Secretary-designate Andrew Puzder who has yet to schedule a hearing and has been put off four times.
#TRUMPACE - MEET WASHINGTON: President Trump continues to get a taste for the slow Washington process. Originally, repealing and replacing the ACA was supposed to happen immediately upon Trump taking office and now even the president admits it may not even get done this year - although Speaker Ryan disagrees. Despite the headlines, the overhaul of Dodd-Frank is falling into the same path as Congressional Republicans can’t decide how to make it happen. It is only a matter of time before Trump reaches his boiling point and is forced to use his bully pulpit in member’s districts as we mentioned yesterday.
SEC READY TO PLAY BALL: The acting Chair of the SEC has already begun the process of unwinding Dodd-Frank. Now that the Wall Street regulator has flipped to Republican control, it can go on the offensive to repeal elements of the financial reform bill under their purview. The first part of the law that the SEC will work to overturn is the rule requiring public companies to disclose their CEOs salaries compared to the average worker. The short-staffed agency can thank the president’s executive order last week for breathing new life into it halls.
ACA REPEAL, REPAIR AND REPLACE: FOCUS ON INDIVIDUAL MARKET & MEDICAID OVERSIGHT #TRUMPACE: Our Senior Health Analyst Emily Evans writes that changes to individual market to calm insurers and avert the conventional wisdom’s predicted chaos are the priority. You can find the full analysis here.
COURT ORDERS MORE EDUCATION/EXPLANATION OF THERAPY BENEFIT FOR CHRONICALLY ILL - POS: HOME HEALTH: Our Senior Health Analyst Emily Evans writes about therapy benefits for the chronically ill. You can read the full piece here.
