The most anticipated congressional special election of the season

Georgia’s 6th Congressional District election will replace Tom Price (R), who was confirmed as U.S. secretary of health and human services earlier in [View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: April 8 - April 14 What's on tap next week: April 15 - April 21 What's on tap? The most anticipated congressional special election of the season will take place in [Georgia’s 6th Congressional District](. The election will replace [Tom Price]( (R), who was confirmed as[U.S. secretary of health and human services]( earlier in the year. Eighteen candidates will compete in the election: 11 Republicans, five Democrats, and two independents. Among the front-runners in the race are [Jon Ossoff]( (D), [Karen Handel]( (R), [Bob Gray]( (R), [Judson Hill]( (R), and [Dan Moody]( (R). The race will go to a runoff election to be held on June 20 unless a candidate receives over 50 percent of the vote. Ossoff leads the field and is hoping to win outright and avoid the runoff election, while the Republican candidates in the race are competing with each other in an attempt to secure the second slot in the runoff election. [Front-runners in the GA-6 race]( - [Polling]( has shown Ossoff leading the race with around 40 percent, although the most recently released public poll shows him falling slightly, down to 39 percent. Handel has narrowly led the other Republican front-runnners with between 15 and 20 percent. Gray has trailed Handel by a few points, with Hill and Moody polling third and fourth, respectively. - [Fundraising figures]( were released by the [Federal Election Commission]( (FEC) earlier in the week. Ossoff raised over $8.3 million, 95 percent of which came from out of state donors. Comparatively, only three U.S. House candidates raised more in the entire 2015-2016 election cycle, Speaker [Paul Ryan]( and two candidates who heavily self-funded.[Dan Moody]( (R) came in second, raising over $2 million, but 95 percent was self-funded.[Bob Gray]( (R) contributions totaled $717,500; he loaned his campaign $500,000 of that total.[Judson Hill]( (R) raised $523,032 with $50,000 in self-funding, and[Karen Handel]( (R) raised $463,744. - [Ballotpedia spoke with candidates Karen Handel and Judson Hill]( about the race as well as [former Speaker of the House and 6th District Rep. Newt Gingrich](. Gingrich represented [Georgia’s 6th Congressional District]( from 1979 to 1999, and the seat has been held by a Republican since his initial election in 1978. Prior to Gingrich's election in 1978, the district was represented by Democrat John J. Flynt, Jr. for seven consecutive terms (1965-1979). The Week in Review Sunday, April 9 Haley predicts regime change in Syria - [Nikki Haley]( the U.S. ambassador to the United Nations, [said]( that President [Donald Trump]( would take more action against [Syria]( if necessary. “If he needs to do more, he will do more. So, really, now what happens depends on how everyone responds to what happened in Syria, and make sure that we start moving towards a political solution, and we start finding peace in that area.” Haley added that the Trump administration did not see a future for the Assad regime, saying, “Well, regime change is something that we think is going to happen, because all of the parties are going to see that Assad is not the leader that needs to be taking place for Syria.” Tillerson says defeating ISIS is priority in Syria and criticizes Russia’s oversight - Secretary of State [Rex Tillerson]( indicated that defeating the [Islamic State]( was the Trump administration’s top priority over regime change in Syria. - “And once the ISIS threat has been reduced or eliminated, I think we can turn our attention directly to stabilizing the situation in Syria. We’re hopeful that we can prevent a continuation of the civil war and that we can bring the parties to the table to begin the process of political discussions,” he said in [an interview]( with CBS’ [John Dickerson](. - Tillerson also criticized Russia’s oversight of the Assad regime. “I think the real failure here has been Russia’s failure to live up to its commitments under the chemical weapons agreements that were entered into in 2013 both by the Syrian Government and by Russia as the guarantor to play the role in Syria of securing chemical weapons, destroying the chemical weapons, and continuing to monitor that situation,” he said. He added that [Russia]( should reconsider its alliance with Assad “because every time one of these horrific attacks occurs, it draws Russia closer in to some level of responsibility.” McFarland accepts Singapore ambassadorship - Deputy National Security Advisor [K.T. McFarland]( was [offered and accepted]( the position of ambassador to Singapore. McFarland will likely leave the National Security Council in the coming months if she is confirmed to the position by the Senate. She is a former national security analyst for [Fox News]( and previously served in the Nixon, Ford, and Reagan administrations. As deputy national security advisor, McFarland has been [tasked with]( coordinating the federal government’s foreign policy, intelligence and national security branches. Monday, April 10 [Gorsuch sworn in as U.S. Supreme COurt]( - [Neil Gorsuch]( was sworn in as the 101st [associate justice]( of the [U.S. Supreme Court]( and the 113th justice in the court’s history. Gorsuch joined the court 422 days after the death of Justice [Antonin Scalia]( which is the eighth-longest vacancy period in the court’s history. Gorsuch joined the court in time to sit for the final two-week argument sitting of the court’s [current term]( which begins on Monday, April 17. - For more on the Gorsuch confirmation process, read our [overview](. Club for Growth announces new ad campaign - The [Club for Growth]( a conservative nonprofit organization, announced it would begin [a $1 million ad campaign]( targeting moderate Republicans who do not support the more recent proposals to amend the [American Health Care Act](. The organization’s ads will initially target Reps. [Chris Collins]( (R-N.Y.) and [Adam Kinzinger]( (R-Ill.), who have not supported more conservative changes to the bill. [These ads]( will suggest that congressional support for more conservative measures—like allowing states to seek waivers of many Obamacare mandates—would allow for the [Affordable Care Act]( to be repealed. Verbatim Fact Check Karen Handel is one of 11 Republicans running in Georgia’s 6th Congressional District special election. A fundraising flyer from the Value in Electing Women political action committee claimed that the former Georgia secretary of state “reduced the department’s budget by nearly 20% by prioritizing programs, streamlining processes and eliminating waste and duplication.” From fiscal year 2008 to fiscal year 2011, the department’s budget decreased by 24.1 percent. At least 7.3 percent of that reduction is attributable to statewide budget changes. Handel was responsible for implementing those across-the-board cuts as well as initiating other cost-cutting. [Did Karen Handel reduce the Georgia secretary of state's budget by 20 percent?]( Tuesday, April 11 Ron Estes wins in closer-than-expected Kansas special election - [Ron Estes]( (R) won the special election in [Kansas' 4th Congressional District](. He defeated [James Thompson]( (D) and [Chris Rockhold]( (L). Estes won by a margin of roughly seven percent, resulting in a much closer race than initially anticipated. Kansas' 4th District has historically been a deep red district, but Gov. [Sam Brownback]( (R) unpopularity across the state and an internal Republican poll in the final few days showing Estes ahead by one point signaled to Democrats and Republicans across the country that this race would be closer than expected. The election was held to replace [Mike Pompeo]( (R), who was appointed as the director of the [CIA]( earlier in the year. Sessions issues guidance to federal prosecutors on criminal immigration enforcement - Attorney General [Jeff Sessions]( released a [memo]( calling on federal prosecutors to prioritize the prosecution of individuals who harbor foreign nationals residing in the U.S. illegally. Where resources are limited, Sessions wrote, cases involving the illegal transportation or harboring of three or more foreign nationals in the U.S. or violence and injury should be first addressed. Speaking during a visit with Customs and Border Patrol personnel at the Nogales, Arizona, border point of entry, [Sessions said]( “For those that continue to seek improper and illegal entry into this country, be forewarned: This is a new era. This is the Trump era. The lawlessness, the abdication of the duty to enforce our immigration laws and the catch and release practices of old are over.” Read more about [immigration policy]( in Trump’s first 100 days in office in the [Wednesday edition]( of [You're Hired: Tracking the Trump Administration Transition](. White House press secretary Sean Spicer criticized for Holocaust reference - In his [daily press briefing]( White House press secretary [Sean Spicer]( referenced Nazi dictator Adolf Hitler when discussing Russia’s future support of the Assad regime. He said, “You had someone as despicable as Hitler who didn't even sink to using chemical weapons. So you have to, if you're Russia, ask yourself is this a country that you and a regime that you want to align yourself with?” Asked to clarify his comments given the use of gas chambers in the Holocaust, Spicer said, “I think when you come to sarin gas, there was no—he was not using the gas on his own people the same way that Assad is doing. … There was not—he brought them into the Holocaust center, I understand that. But I’m saying in the way that Assad used them, where he went into towns, dropped them down to innocent—into the middle of towns.” - House Minority Leader [Nancy Pelosi]( (D-Calif.) [called]( for Spicer’s resignation. She said in a statement, “While Jewish families across America celebrate Passover, the chief spokesman of this White House is downplaying the horror of the Holocaust. Sean Spicer must be fired, and the President must immediately disavow his spokesman's statements. Either he is speaking for the President, or the President should have known better than to hire him.” - Spicer [apologized]( for his remarks later that afternoon, saying, “I was obviously trying to make a point about the heinous acts that Assad had made against his own people last week, using chemical weapons and gas. Frankly, I mistakenly made an inappropriate and insensitive reference to the Holocaust, for which there is no comparison. And for that I apologize. It was a mistake to do that.” Government Accountability Office to review Trump transition spending and ethics guidance - The Government Accountability Office outlined a review of [Donald Trump’s transition team]( in a letter sent to Rep. [Elijah Cummings]( (D-Md.) and Sen. [Elizabeth Warren]( (D-Mass.), who first requested the review. [The letter]( which was posted to Warren’s website on Tuesday, detailed the review’s priorities. The four priorities were: to look into what ethics provisions apply to a transition team; how the Trump transition used and raised both public and private money; what conflict of interest and financial disclosure information was made available during the transition; and what is known about the transition team’s communication with foreign governments. Federal appeals court delays lawsuit on 2015 ozone rule - The [U.S. Court of Appeals for the District of Columbia Circuit](20States%20Court%20of%20Appeals%20for%20the%20District%20of%20Columbia%20Circuit) delayed consideration of a [lawsuit]( the [Environmental Protection Agency's](20Protection%20Agency) (EPA) 2015 [ground-level ozone rule]( issued by the Obama administration. The rule would lower the federal standard for the acceptable concentration of ground-level [ozone]( (also known as smog) from 75 parts per billion (ppb) to 70 ppb (the 75 ppb standard was set in 2008). Under the [Clean Air Act]( the EPA is required to set, review, and revise mandatory [national air quality standards for six criteria pollutants]( which include ozone, sulfur dioxide, and nitrogen oxides. The lawsuit was filed by Murray Energy Corporation, a [North Carolina](20policy%20in%20North%20Carolina)-based [coal]( company, and joined by [Arizona](20policy%20in%20Arizona), [Arkansas](20policy%20in%20Arkansas), [Kentucky](20policy%20in%20Kentucky), [Louisiana](20policy%20in%20Louisiana), [New Mexico](20policy%20in%20New%20Mexico), [North Dakota](20policy%20in%20North%20Dakota), [Oklahoma](20policy%20in%20Oklahoma), [Texas](20policy%20in%20Texas), [Utah](20policy%20in%20Utah), and [Wisconsin](20policy%20in%20Wisconsin). Trump administration officials told the court that the EPA will review the rule and decide whether to rescind it, defend it before the court, or take alternative actions. - Supporters of the 2015 standard argue that it will further reduce smog and produce health benefits in the form of fewer asthma attacks, fewer hospital visits, and fewer missed days of work and school. - Opponents of the 2015 standard argue that it would not produce any further health benefits than the 2008 standard and that it would burden states and localities that are attempting to comply with the 2008 standard. - See also: [Federal policy on environmental regulations, 2017-2020](20policy%20on%20environmental%20regulations,%202017-2020) --------------------------------------------------------------- Wednesday, April 12 [Tillerson says U.S.-Russia relations at low point] - Secretary of State [Rex Tillerson]( [traveled to Moscow]( where he met with Russian Foreign Minister Sergey Lavrov and Russian President Vladimir Putin. He said in [remarks]( following the meetings, “I expressed the view that the current state of U.S.-Russia relations is at a low point and there is a low level of trust between our two countries. The world’s two foremost nuclear powers cannot have this kind of relationship. We further discussed approaches to improving our channels of communication.” He indicated that Russian military intervention in Ukraine was “an obstacle to improvement in relations.” - Discussing where the United States and [Russia]( agree on policy, Tillerson said, “We spoke extensively about Syria, and in some areas we share a common view. Specifically, we both believe in a unified and stable Syria, and we agree we want to deny a safe haven for terrorists who want to attack both of our countries. We agree that North Korea has to be de-nuclearized. We agreed there needs to be more senior-level communication between our two countries, both at a diplomatic and military level.” - Tillerson was also asked about Russia's possible involvement with the chemical weapons attacks in [Syria](. Tillerson said, "With respect to Russia’s complicity or knowledge of the chemical weapons attack, we have no firm information to indicate that there was any involvement by Russia, Russian forces, into this attack. What we do know—and we have very firm and high confidence in our conclusion—is that the attack was planned and carried out by the regime forces at the direction of Bashar al-Assad." Trump shifts position on Chinese currency manipulation and Ex-Im Bank - In [an interview]( with The Wall Street Journal, President [Donald Trump]( said that he no longer considered [China]( a currency manipulator. Currency manipulation occurs when a government tries to influence the exchange rate by buying or selling foreign currency. According to the newspaper, "Trump said the reason he has changed his mind on one of his signature campaign promises is that China hasn’t been manipulating its currency for months and because taking the step now could jeopardize his talks with Beijing on confronting the threat of North Korea." - Trump [also said]( that he had changed his position on the value of the [Export-Import Bank]( which he [described]( in 2015 as “a lot of excess baggage.” He [said]( “I will tell you what, I was very much opposed to Ex-Im Bank, because I said what do we need that for IBM and for General Electric and all these—it turns out that, first of all lots of small companies will really be helped, the vendor companies, but also maybe more importantly, other countries give it. And when other countries give it, we lose a tremendous amount of business. So instinctively you would say it’s a ridiculous thing but actually it’s a very good thing and it actually makes money. You know, it actually could make a lot of money.” Federal hiring freeze ends - In his first week as president, [Donald Trump]( issued a [presidential memorandum]( ordering a freeze on non-military federal hiring. This ban was [lifted]( on Wednesday after it compromised the function of several agencies, including the Department of Veterans Affairs and the Social Security Administration. “This does not mean that the agencies will be free to hire willy-nilly,” Office of Management and Budget Director [Mick Mulvaney]( said. Agencies are still expected to [restructure]( their operations to reduce the size of their workforce. ACLU files lawsuits for records related to immigration executive orders - Affiliates of the [American Civil Liberties Union]( [filed]( [13 separate lawsuits]( under the Freedom of Information Act for access to records related to the implementation of President Donald Trump’s [January 27]( and [March 6]( executive orders. The ACLU said it first requested the records on February 2 and filed the lawsuits because “the government has failed to substantively respond.” The January 27 executive order suspended travel into the United States by nationals of seven countries and all refugee admissions. The March 6 order rescinded and replaced that order, suspending travel from six countries and all refugee admissions. The lawsuits primarily seek records related how the January 27 order was implemented by U.S. Customs and Border Patrol at international airports and ports of entry, as well as relevant records regarding the March 6 order. Trump downplays Bannon’s White House role - In a series of interviews that culminated on Wednesday, [Donald Trump]( downplayed the role of chief strategist [Steve Bannon]( in the president’s administration. In a Tuesday [interview]( with the New York Post, Trump said, “I like Steve, but you have to remember he was not involved in my campaign until very late ... I had already beaten all the senators and all the governors, and I didn't know Steve. I'm my own strategist and it wasn't like I was going to change strategies because I was facing crooked Hillary. ... Steve is a good guy, but I told them to straighten it out or I will.” In a [Wednesday interview]( he told The Wall Street Journal that Bannon was “a guy who works for me.” - Bannon has reportedly clashed with White House staff who are loyal to [Jared Kushner]( the president’s advisor and son-in-law, and to Trump’s top economic advisor Gary Cohn. Last Friday, at Trump’s order, Bannon and Kushner [had a meeting]( to smooth over tensions between them. Outside groups increase spending in Montana special election - Following the close special election in [Kansas’s 4th Congressional District]( conservative outside groups committed to spending more money in the special election to [Montana’s At-Large Congressional District](. The [Congressional Leadership Fund]( (CLF) invested over $1 million into the race, and the [National Republican Congressional Committee]( (NRCC) committed nearly $300,000 for advertising in the district. The race is still expected to be a likely Republican hold. Verbatim Fact Check Bob Gray is running as a Republican in the primary election to represent Georgia's 6th Congressional District. In a recent op-ed, he wrote, "For decades, the United States has accepted an average of 1 million legal immigrants annually. … Unfortunately, only 1 in every 15 legal immigrants arrives in the United States with a skills-based visa. The majority of the remaining immigrants are either low-skilled or unskilled." One in 15 individuals obtained employment-based lawful permanent resident status in 2015. (That included new arrivals as well as status adjustments for individuals already in the U.S.) However, the government does not track the skill level of immigrants who obtain lawful permanent resident status on non-employment-based visas. The majority of remaining lawful permanent residents cannot be assumed to have been low-skilled or unskilled just because their immigration was authorized under a non-employment category such as immediate relatives of U.S. citizens, refugees, or asylees. [Is Bob Gray right about immigrant skill levels?]( Thursday, April 13 Trump signs resolution allowing states to withhold federal funding from abortion providers like Planned Parenthood - At the end of March, the Senate voted to advance a measure allowing states to withhold federal funding for health care providers that perform [abortions](. Under an Obama-era regulation, states could not exclude a healthcare provider from receiving Title X funding for family planning and related services, like cervical cancer screenings, because it also provided abortion services. Vice President [Mike Pence]( cast the [tie-breaking vote]( to revoke the rule. President [Donald Trump]( [signed]( the resolution on Thursday. Trump administration finalizes rule for health plans sold in individual market - The [Centers for Medicare and Medicaid Services]( published a [final rule]( changing some regulations for plans sold on the ACA’s health insurance exchanges. [Under the new rule]( the open enrollment period to sign up for a plan was shortened from three months to six weeks, and individuals who sign up in a special enrollment period must provide documentation proving the triggering life event, such as divorce or job loss. Insurers may also refuse to continue covering individuals who have unpaid premiums. In addition, insurers are no longer required to meet federal standards for ensuring their networks contain an adequate number of providers; only state standards now apply. - [Read more about federal policy on healthcare](. DoD drops MOAB on ISIS-K - An MC-130 aircraft stationed in Afghanistan dropped a GBU-43 bomb—the largest non-nuclear bomb ever used—on the Islamic State (IS) in Afghanistan's Nangarhar province. The GBU-43 bomb, also known as the "mother of all bombs" (MOAB), was used to destroy tunnels and caves used by the branch of the Islamic State in Afghanistan and Pakistan, also known as ISIS-Khorasan or ISIS-K. Gen. John W. Nicholson, the commander of U.S. forces in Afghanistan, said in a statement, "As ISIS-K's losses have mounted, they are using IEDs, bunkers and tunnels to thicken their defense. This is the right munition to reduce these obstacles and maintain the momentum of our offensive against ISIS-K." When asked if he authorized the strike, President Donald Trump said, “Everybody knows exactly what happened, and what I do is I authorize my military … we’ve given them total authorization. Frankly, that’s why they’ve been so successful lately.” - See also: [Federal policy on the Islamic State and terrorism, 2017-2020]( CIA director calls WikiLeaks a hostile intelligence service - During [remarks]( at the Center for Strategic and International Studies, CIA Director [Mike Pompeo]( called [WikiLeaks]( a hostile intelligence service. He said, "WikiLeaks walks like a hostile intelligence service and talks like a hostile intelligence service. It has encouraged its followers to find jobs at CIA in order to obtain intelligence. It directed Chelsea Manning in her theft of specific secret information. And it overwhelmingly focuses on the United States, while seeking support from anti-democratic countries and organizations. It is time to call out WikiLeaks for what it really is—a non-state hostile intelligence service often abetted by state actors like Russia." During the [2016 presidential election]( Pompeo [directed]( his Twitter followers to a WikiLeaks release of emails [obtained from Democratic National Committee members]( in July 2016. - See also: [Federal policy on the First Amendment, 2017-2020]( Congress is not in session SCOTUS is in session Congress is in recess until April 24, 2017. The U.S. Supreme Court begins its final two-week argument session of the current term, hearing arguments in the remaining 14 cases on its docket beginning Monday, April 17. What's On Tap Next Week Saturday, April 15 Federal judge in Tennessee retires from the bench - [Kevin Hunter Sharp]( [chief judge]( of the [United States District Court for the Middle District of Tennessee]( will retire from the court. According to [a report]( Sharp is leaving the bench to open and manage the [Nashville]( office of Sanford Heisler LLP, a civil rights and public interest law firm. Sharp’s retirement created a second [vacancy]( on the court. Under current law, the court has four active judicial positions. To enter into an [Article III judicial vacancy]( Sharp’s successor must be nominated by the [president]( and that nomination is subject to the [advice and consent]( of the [U.S. Senate](. --------------------------------------------------------------- Monday, April 17 SCOTUS begins final argument session this term - The [U.S. Supreme Court]( begins the last two-week argument session of the court’s current term on Monday. The court will hear argument in three cases: - In [Perry v. Merit Systems Protection Board]( the court will consider a challenge to a holding of the [U.S. Court of Appeals for the District of Columbia Circuit](. Federal employees can appeal adverse employment actions, such as being fired, to the Merit Systems Protection Board. In most instances, appeals of the Board's actions are heard by the[Federal Circuit](. When an employee’s appeal carries a claim of discrimination under federal law, however, appeals from the Board’s decisions must be heard in a federal district court. Here, a former federal employee claimed discrimination as grounds for his termination and sought to have his appeal of an adverse Board action transferred to a federal district court. The[D.C. Circuit]( disagreed, noting that the Board dismissed Perry's action for lack of jurisdiction and that all jurisdictional challenges from the Board's actions must be appealed the[Federal Circuit]( even if the employee claims discrimination. - In [Town of Chester v. Laroe Estates]( the court will review a Second Circuit action. In law, intervenors are permitted to join ongoing litigation without the permission of the original parties, either as a matter of right or at the discretion of a court. In order to intervene and participate in a lawsuit, the[Second Circuit]( has interpreted federal rules of civil procedure such that an intervenor does not have to establish independent legal standing in a case in order to intervene so long as there is a genuine case or controversy between the original, named parties to a dispute. Six other federal appeals courts have ruled similarly, but three federal appeals courts have held that federal rules of civil procedure require an intervenor to independently establish standing in order to intervene. - In [CalPERS v. ANZ Securities]( the court will review a split between the Second Circuit and the Tenth Circuit over a question of class action litigation. In American Pipe & Construction v. Utah, the[U.S. Supreme Court]( created a rule that suspends the time, under a statute of limitations, for an individual to bring claims in civil litigation. This suspension occurs for an individual who joins a class action lawsuit and then later leaves the class in order to pursue their own claims. Statutes of limitation limit the amount of time an individual has to bring a claim against another party from the time an alleged injury is discovered. Under the American Pipe rule, an individual’s time to file an individual claim within a statute of limitations is suspended, or tolled, for the length of time the individual belongs to the class, meaning the individual will still have the remaining time available under a statute of limitations to bring a claim even if their membership in the class action litigation would otherwise exceed the statute of limitations. The[Second Circuit]( has held that American Pipe rule, however, does not apply to litigation timetables imposed under a statute of repose. A statute of repose limits the amount of time an individual has to bring a claim against another party from the date of a particular event, irrespective of when an alleged injury is discovered or for how long an individual was part of a class action lawsuit. The[Tenth Circuit]( however, applies the Supreme Court's rule to both statutes of limitation and statutes of repose. --------------------------------------------------------------- Tuesday, April 18 Special election to be held in Georgia’s 6th Congressional District - The most anticipated congressional special election of the season will take place in [Georgia’s 6th Congressional District](. Scroll back to the top of this email for additional details. SCOTUS continues its April sitting - The [U.S. Supreme Court]( continues its April sitting with argument in two cases: - In [Kokesh v. Securities and Exchange Commission]( the court will review a judgment of the Tenth Circuit Court of Appeals. A federal law imposes a five-year statute of limitations on enforcing any civil fine, penalty, or forfeiture. Pursuant to a guilty verdict in[federal district court]( a judge imposed judgment on Charles Kokesh, including an order for disgorgement. Disgorgement consists both of factfinding by a court to determine an amount of money acquired illegally as well as an order compelling the wrongdoer to pay back that amount plus interest. On appeal, Kokesh argued that the disgorgement order was in violation of federal law because the order was time-barred by the five-year statute of limitations period. Kokesh argued that disgorgement constituted a penalty and a forfeiture. The[Tenth Circuit Court of Appeals]( disagreed, holding that disgorgement was merely remedial relief and was neither a penalty nor a forfeiture. - In [Henson v. Santander Consumer USA, Inc.]( the court will review how debt buyers are categorized under a federal law. Ricky Henson financed a car loan through CitiFinancial Auto on which he later defaulted. CitiFinancial Auto sold Henson's loan to Santander as part of a bundle of loan receivables Santander purchased. As part of its business, Santander buys such receivables at a discount and subsequently pursues repayment from those with outstanding balances. Henson filed a lawsuit in[federal district court]( alleging that Santander engaged in illegal debt collection practices as a debt collector under the Fair Debt Collection Practices Act (FDCPA), a federal law that regulates the manner in which debt collectors may seek repayment. Santander, as a debt buyer, argued that the statute categorized Santander as a creditor, and not a debt collector, because Santander wasn't collecting debts on behalf of a third-party creditor but was instead collecting on debts which Santander itself owned. The FDCPA does not apply to creditors seeking repayment. The district court agreed with Santander and dismissed Henson's suit. A three-judge panel of the[Fourth Circuit Court of Appeals]( affirmed. --------------------------------------------------------------- Wednesday, April 19 SCOTUS concludes the first week of its April sitting - The[U.S. Supreme Court]( will conclude the first week of a two-week argument sitting hearing arguments in two cases. - In [Trinity Lutheran Church v. Comer]( the court will review a judgment of the [Eighth Circuit Court of Appeals](. Trinity Lutheran Church operates a licensed preschool and daycare facility called The Learning Center. The Learning Center has an open admissions policy but, as a ministry of the church and as part of its daily programs, provides religious instruction from a Christian worldview. The Learning Center applied for a grant through a solid waste management program operated by the[Missouri Department of Natural Resources](. The program offers grants for qualifying organizations to purchase recycled tires in order to resurface playgrounds. The Learning Center's grant application was denied, citing a provision of the[Missouri Constitution]( that prohibits public money to be given in support of a church. Trinity Lutheran claims that denying funds for a neutral, secular purpose on the basis of religion is a violation of the[First]( and[Fourteenth Amendments](. - In [Weaver v. Massachusetts]( the court will review a judgment of the [Massachusetts Supreme Judicial Court](. The[U.S. Supreme Court]( has held that the closure of a public trial under the[Sixth Amendment]( is a structural error– a fundamental error which affects the structure of a trial – and that structural errors are presumed to prejudice a trial outcome. The Sixth Amendment right to the effective assistance of counsel, on the other hand, requires a criminal defendant to demonstrate both that counsel erred and that the error prejudiced the outcome of the trial. Here, Weaver appealed a murder conviction claiming he did not have the effective assistance of counsel based on his attorney's failure to object to the closure of a courtroom during jury selection. Weaver argued his attorney’s error caused a structural error at his trial. Because his attorney committed a structural error, Weaver maintained that he did not need to demonstrate prejudice, even though this is a requirement to prove deficient counsel under the Sixth Amendment. A[Massachusetts]( lower court and the[Massachusetts Supreme Judicial Court]( rejected Weaver's claim, holding that any claim of deficient performance of counsel – even one attending a structural error – required a defendant to demonstrate prejudice. Where was the president last week? President [Donald Trump]( held numerous meetings with numerous security and military officials throughout the week, including Secretary of Homeland Security [John Kelly]( National Security Advisor [H.R. McMaster]( and NATO Secretary General Jens Stoltenberg. On Thursday, Trump left D.C. for Easter weekend at Mar-a-Lago. Federal Judiciary - 136 total federal judicial vacancies - 2 pending nominations - 15 future vacancies Ballotpedia depends on the support of our readers. The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns. [Donate Securely Online]( Decide which emails you receive from Ballotpedia. [Unsubscribe or adjust your preference]( Ballotpedia The Encyclopedia of American Politics 8383 Greenway Blvd., Suite 600 Middleton, WI 53562 [Facebook]( [Twitter](