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Welcome Back SCOTUS!

With the first Monday in October, we welcome back the Supreme Court of the United States (SCOTUS). By law, the first Monday in October is when the court commences its term, which will run until October of the following year, but in practice the term ends between June or July.  As the term commences, we learn which cases SCOTUS will hear and will not hear in the coming months. Of the thousands of cases per year petitioning a writ of certiorari only a few hundred will be granted and thus heard throughout the term. In fact, the Court accepts 100-150 of the more than 7,000 cases that it is asked to review each year. To be granted a writ, only four of the nine justices need to agree to hear the case.  A list of what the court will hear this term can be found here. 

Some high-profile cases will be absent, notably a rehearing in United States v. Texas, the challenge to an Obama Administration policy that would have permitted as many as four million undocumented immigrants to apply for a program that would have allowed them to remain in the country and work here legally. The justices heard arguments in the case in April of this year, but in June they announced that they had deadlocked 4-4, an outcome that left in place the lower court’s decision striking down the policy. In July, the Obama administration asked the court to reconsider that ruling when it has all nine justices. The petition for rehearing was, as the federal government acknowledged in its filing, a long shot, and today the justices rejected it without comment.

Other cases that will not be considered include the trademark case of the Washington Redskins and the NCAA antitrust case.

The Washington Redskins asked the justices to review a decision by a federal trial court upholding the U.S. Patent and Trademark Office’s cancellation of the team’s trademarks prior to a final decision in the 4th Circuit.

The court also denied review in a pair of cases (NCAA v. O’Bannon and O’Bannon v. NCAA) arising out of a class action antitrust challenge to National Collegiate Athletic Association rules requiring college athletes to be amateurs. The lead plaintiff is Ed O’Bannon, a former professional basketball player who played on the UCLA team that won the national championship in 1995. The U.S. Court of Appeals for the 9th Circuit agreed with the players that the ban on pay for athletes violated federal antitrust laws, and the NCAA asked the justices to weigh in, arguing that the 9th Circuit’s decision “threatens far-reaching deleterious consequences.” For his part, O’Bannon had challenged a portion of the 9th Circuit’s ruling that struck down the part of the trial court’s holding that would have allowed schools to give student-athletes, in addition to full scholarships, as much as $5000 per year in deferred compensation.

Read more at the SCOTUSblog.com. 

With Justice Scalia’s seat still vacant and an even numbered court, it remains unclear how the court will handle some of the challenges it will face this term.

 

Late Votes, Last Minute Save

With almost two days to spare, the House passed a 10-week stopgap spending bill, passed by the Senate earlier today, that would prevent a government shutdown at the end of this week. The measure passed the House by a vote of 342-85.

As previously mentioned, the measure generally provides continued funding for federal government operations through December 9 at existing levels. There were FY 2016 adjustments for FY 2017, including increase funding to address the opioid epidemic. The measure also provides $500 million in emergency supplemental funding for initial disaster response efforts to severe flooding in Louisiana and other states. It provides $1.1 billion in supplemental funding for activities in response to the Zika virus, including $933 million in domestic funding and roughly $175 million in international funding, with approximately $400 million of the total being offset. Finally, the CR provides full-year FY 2017 appropriations for military construction and for the VA Department, and is identical to the Military Construction-VA appropriations agreement reached in June between House and Senate conferees.

The White House earlier today announced its support for the CR/Zika package.

With that, the House and Senate have voted to keep the government open and operating until December 9th. The bill goes to the President’s desk to be signed, and Congress leaves town to go get reelected.

 

White House Announces Support for CR

Following the Senate’s passage of the CR, the White House issued a Statement of Administrative Policy (SAP) in support of the CR. While the SAP does express concerns and desires for what is or should have been included, the White House does express support for the overall legislation.

Read the SAP here. 

Senate Passes 10-Week Continuing Resolution

Today the Senate passed a 10-week continuing resolution (CR) to fund the federal government through December 9. In addition, the CR also provides $500 million for flood relief in Louisiana and surrounding areas, year-long appropriations for military construction and veterans programs, and $1.1 billion for efforts to mediate the spread of the Zika virus. The House must take action on the CR by Friday in order to avoid a government shutdown, as the federal fiscal year ends on September 30. 

Previously, Senate Democrats blocked the measure because it did not contain funding to help Flint, Michigan, repair its lead-tainted water supply. However, House and Senate leaders have negotiated an agreement, and the House will amend its version of the Water Resource Development Act (WRDA) to provide funding for Flint to mediate its water emergency. 

Count Down to Shut Down: New Strategy

Senate leaders have been locked in partisan combat for days over whether a stopgap spending measure to keep the government running past Friday should include disaster aid at all. Senate Republicans included $500 million for flood victims in Louisiana and other water-drenched states, where thousands of homes have been destroyed or damaged. Democrats, however, have insisted that any effort to help Louisiana should be coupled with aid to Flint, MI, where an estimated 9,000 children have been poisoned by lead from a contaminated water system for more than a year.

The Senate Republican proposed stopgap measure, which was presented last week and  drafted last week without Democratic cooperation, would extend current funding levels to December 9, while providing $1.1 billion to combat the Zika virus. It also would offer a full year of funding for the Department of Veterans Affairs and military construction projects.

The measure failed, as expected, to advance the measure Tuesday, when supporters mustered only 45 votes for it on a procedural test or a cloture vote, which requires 60 votes to proceed.

Today, the Senate has invoked cloture on a 10-week continuing resolution. The vote is the first in a series on the stopgap spending package, which is needed to avoid a government shutdown when FY 2016 funding expires at midnight on Friday. Senate Democrats objections were resolved Wednesday following the failed vote on Wednesday after congressional leaders reached a deal to provide aid for Flint, MI, through separate authorizing legislation.

The tally was 60-13 with voting continuing to proceed on the motion, and ending debate.