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The hitchhiker’s guide to confirming Supreme Court nominee Ketanji Brown Jackson next week

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The hitchhiker’s guide to confirming Supreme Court nominee Ketanji Brown Jackson next week

NEWNow you can take heed to Fox Information articles!

For those who’re on the lookout for drama or a spectacle, try the Grammys.

You seemingly received’t get a lot of it surrounding the possible affirmation of Supreme Courtroom nominee Ketanji Brown Jackson within the coming days.

The Senate is on monitor to substantiate Jackson subsequent week. However the affirmation vote will seemingly be shut.

Nonetheless, it received’t be a spectacle just like the 50-48 affirmation of Justice Brett Kavanaugh in 2018. And, it received’t be almost as intense because the 52-48 confirmations of Justices Clarence Thomas in 1991 or Amy Coney Barrett in 2020. 

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Sen. Susan Collins, R-Maine, is a sure. Senate Minority Whip John Thune, R-S.D., believes there could possibly be as much as three GOP yeas on the nomination, though Thune isn’t one in all them. 

Supreme Courtroom nominee Ketanji Brown Jackson meets with Sen. Susan Collins, R-Maine, on Capitol Hill in Washington, March 8, 2022.  
(AP Picture/Carolyn Kaster, File)

Right here’s what to anticipate with the nomination over the approaching days:

The Senate Judiciary Committee meets Monday, April 4, on the nomination. Technically, the committee additionally met this previous Monday on the nomination. However, by rule, minority members on the panel often ask that the nomination be “held over” for per week. That’s what occurred this time. So the committee actually doesn’t deal with the nomination till subsequent week.

GRAHAM FLIPS ON KETANJI BROWN JACKSON, WILL OPPOSE HER SUPREME COURT NOMINATION

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Sen. Ben Sasse, R-Neb., is a member of the Judiciary panel and is against the appointment. Sasse’s nay vote means it’s more and more seemingly Democrats might must “discharge” Jackson’s nomination from committee to the ground. Any nomination earlier than any committee can’t go to the ground except it’s someway despatched there by the panel or extracted from the committee through a ground vote.

The nomination doesn’t essentially want a “optimistic” suggestion.

Ben Sasse

In 1991, the Judiciary Committee deadlocked at giving Justice Clarence Thomas a “favorable” suggestion. The total committee lastly voted to ship Thomas’ nomination to the ground with none suggestion. However, the nomination should safe some form of vote to dislodge it from committee and ship it to the ground. If each vote is deadlocked, the one choice is what’s referred to as a “movement to discharge.” That is the place the Senate truly culls the nomination of the committee through a easy majority vote on the ground. 

The Senate has not needed to discharge a Supreme Courtroom nominee since 1853. That was nominee William Micou. However the Senate by no means confirmed Micou.

The total Senate has voted to discharge 16 nominations from committee already in the course of the 117th Congress. That features the nomination of Well being and Human Providers Secretary Xavier Becerra. Actually, the Senate simply voted to tug two nominees from committees and ship them to the ground over the previous few days: Alvaro Bedoya to serve on the Federal Commerce Fee and Lisa DeNell Prepare dinner to turn out to be a member of the Federal Reserve.

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The total Senate has wrested 5 nominees from the Judiciary Committee alone since January of final yr.

If the Judiciary Committee is tied on Jackson on Monday, Fox is advised the Senate might vote to extricate her nomination from the panel that very same day. Senate Majority Chief Chuck Schumer, R-N.Y., might then put the precise Jackson nomination on the ground Tuesday, April 5. He would additionally file cloture to chop off debate on the nomination. Such nominations don’t require a procedural vote on the entrance finish simply to launch debate. 

Senate Majority Leader Chuck Schumer, D-N.Y., arrives for a weekly policy luncheon at the Capitol in Washington March 8, 2022. 

Senate Majority Chief Chuck Schumer, D-N.Y., arrives for a weekly coverage luncheon on the Capitol in Washington March 8, 2022. 
(AP Picture/J. Scott Applewhite)

By rule, a cloture vote to finish debate on a nomination should lay over for a day, which means the Senate might not be capable of vote to shut debate till Thursday, April 7. If cloture is filed on Tuesday, April 5, Wednesday serves because the intervening day. 

Based mostly on the Senate precedent established by the Senate in 2017 with “Nuclear Possibility II” to substantiate Justice Neil Gorsuch, solely a easy majority is required to interrupt a filibuster on Supreme Courtroom nominations.

The Senate usually burns a number of hours (afforded underneath the Senate guidelines) as soon as senators vote to finish debate on a given nominee. It’s unclear how a lot complete time the Senate might have on the Jackson nomination.

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So, barring an settlement, this implies the earliest the Senate might affirm Jackson could be someday Thursday, April 7, after the Senate breaks the filibuster. If Senators require extra time after the Senate votes to chop off debate, affirmation might come on Friday, April 8, and even over the weekend, maybe, Saturday, April 9.

However, senators wish to get out of city for the Easter/Passover recess. So, Jackson’s affirmation is realistically an April 7 or April 8 challenge.

Supreme Court nominee Ketanji Brown Jackson arrives for her Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, March 22, 2022. 

Supreme Courtroom nominee Ketanji Brown Jackson arrives for her Senate Judiciary Committee affirmation listening to on Capitol Hill in Washington, March 22, 2022. 
(AP Picture/Andrew Harnik)

The nomination wants a easy majority for affirmation.

Sen. Lindsey Graham, R-S.C., beforehand voted to substantiate Jackson to a decrease court docket, as just lately as final yr. However Graham is a no this time round.  

“After a radical assessment of Decide Jackson’s document and knowledge gained on the listening to from an evasive witness, I now know why Decide Jackson was the favourite of the novel left,” mentioned Graham.

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Graham voted to substantiate President Obama’s nominees — Justice Sonia Sotomayor in 2009 and Justice Elena Kagan in 2010.

Sen. Susan Collins, R-Maine, is the one GOP member who has introduced assist for Jackson. Nevertheless, Sens. Lisa Murkowski, R-Alaska, and Mitt Romney, R-Utah, are believed to be in play.

IN NEW BOOK, SEN. MIKE LEE WARNS DEMS’ COURT-PACKING TALK COULD ALTER HISTORY IN UNANTICIPATED WAYS

The Senate has by no means confirmed a Supreme Courtroom Justice through a tie-breaking vote by the vice chairman. That most likely received’t be needed with no less than Collins casting a yea vote. Actually, the Senate had by no means confirmed any nominee for the chief or judicial department earlier than former Vice President Pence broke a tie to substantiate Betsy DeVos as schooling secretary in early 2017. A vice chairman has solely damaged a tie to substantiate a judicial nominee as soon as. Pence broke a tie to substantiate Decide Jonathan Kobes on the eighth Circuit of Appeals. 

Sen. Lindsey Graham, R-S.C., the ranking member of the Senate Budget Committee, waits to speak to reporters following bipartisan passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act at the Capitol in Washington, Feb. 10, 2022. 

Sen. Lindsey Graham, R-S.C., the rating member of the Senate Finances Committee, waits to talk to reporters following bipartisan passage of the Ending Compelled Arbitration of Sexual Assault and Sexual Harassment Act on the Capitol in Washington, Feb. 10, 2022. 
(AP Picture/J. Scott Applewhite, File)

Nonetheless, this nomination involves the ground within the time of COVID.

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Twenty lawmakers contracted COVID in March alone. That’s the best variety of members to check optimistic in a single month because the pandemic started. Sen. Bob Casey, D-Pa., was out just lately after testing optimistic. Sen. Ben Ray Lujan, D-N.M., missed greater than a month after struggling a stroke. 

In contrast to the Home, the Senate doesn’t have distant voting. And, as we all the time say, it’s all the time concerning the math on Capitol Hill.

It’s potential the Senate might delay the procedural vote to finish the filibuster on the affirmation vote or the affirmation vote could possibly be delayed additional if Democratic senators are unable to vote. 

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Political betting markets still have plenty of action despite end of election season

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Political betting markets still have plenty of action despite end of election season

The end of the election season does not mean the end of political betting, with many platforms allowing users to place wagers on everything from the 2028 election to who will be confirmed to President-elect Donald Trump’s Cabinet.

“Some people will be amazed by this, but people are already betting on 2026 and 2028,” Maxim Lott, the founder of ElectionBettingOdds.com, told Fox News Digital. “There’s been about a quarter million dollars bet already.”

The comments come after the 2024 election produced plenty of betting action, with users across multiple platforms wagering over $2 billion on the outcome of the latest race. 

WHAT ARE ELECTION BETTING ODDS? EXPERT EXPLAINS WHY TRUMP IS CURRENT FAVORITE

President-elect Donald Trump, right, welcomes Robert F. Kennedy Jr. to the stage at a Turning Point Action campaign rally at the Gas South Arena on Oct. 23, 2024 in Duluth, Georgia. (Anna Moneymaker/Getty Images)

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While mega sporting events, such as the Super Bowl and the recent Mike Tyson vs. Jake Paul fight, gives gamblers plenty to wager on after the election, those looking for something political to bet on will still have plenty of options.

One of the most popular topics is who will be the nominees for both major parties in 2028, with ElectionBettingOdds.com showing California Gov. Gavin Newsom and Vice President-elect JD Vance being the current leaders for Democrats and Republicans, respectively.

Other names with a significant amount of attention for betters include Pennsylvania Gov. Josh Shapiro and Michigan Gov. Gretchen Whitmer for the Democratic nomination, while Vance is trailed by names like entrepreneur and future head of the new Department of Government Efficiency Vivek Ramaswamy and Donald Trump Jr. on the Republican side.

“The big Democratic governors are favored to be the next nominee,” Lott said, noting that Vance currently holds a sizable lead over other options on the GOP side.

Democratic Michigan Gov. Gretchen Whitmer

Michigan Gov. Gretchen Whitmer. (Bill Pugliano/Getty Images)

TRUMP OPENS UP LARGEST BETTING LEAD SINCE DAYS AFTER BIDEN’S DROPOUT

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Vance is also the current betting leader on who will win the 2028 presidential election, ElectionBettingOdds.com shows, followed by Newson and Shapiro as the next two likely options.

However, Lott warned it is still too early to tell what the future holds, noting that the markets will start to provide more clarity as more information becomes known over the next few years.

“As the future becomes clearer… as we get closer to 2026, 2028, these odds will change,” Lott said. “So if the Trump administration is doing really well, the economy is booming, inflation is not out of control, wars are ending, Vance’s odds will certainly go up.”

Bettors also are not limited to wagering on elections, with platforms such as Polymarket allowing users to place bets on Trump’s picks to serve in his Cabinet and whether they will be confirmed. Bettors can also place wagers on questions such as if they believe the war in Ukraine will end in Trump’s first 90 days or if there will be a cease-fire in Gaza in 2024.

Sen. JD Vance

Vice President-elect JD Vance. (AP Photo/Alex Brandon)

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According to Lott, taking a look at the current betting odds for many scenarios can help inform you about what is going on in the world, even if you do not place bets yourself.

“People often ask… is there any value to this… it’s just gambling. It’s silly,” Lott said. “But actually it’s very useful… if you want to know what’s going to happen in 2028 or if the Trump administration is going to be a success, you could read 100 news articles on it. Some will misinform you. Or, you can just go to the prediction markets and see… is Vance a 20% chance of becoming the next Republican nominee or is he a 90% chance? That tells you a lot.”

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As Trump’s lead in popular vote shrinks, does he really have a 'mandate'?

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As Trump’s lead in popular vote shrinks, does he really have a 'mandate'?

In his victory speech on Nov. 6, President-elect Donald Trump claimed Americans had given him an “unprecedented and powerful mandate.”

It’s a message his transition team has echoed in the last three weeks, referring to his “MAGA Mandate” and a “historic mandate for his agenda.”

But given that Trump’s lead in the popular vote has dwindled as more votes have been counted in California and other states that lean blue, there is fierce disagreement over whether most Americans really endorse his plans to overhaul government and implement sweeping change.

The latest tally from the Cook Political Report shows Trump winning 49.83% of the popular vote, with a margin of 1.55% over Vice President Kamala Harris.

If there ever was a mandate, this isn’t it.

— Hans Noel, Georgetown University

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The president-elect’s share of the popular vote now falls in the bottom half for American presidents — far below that of Democrat Lyndon B. Johnson, who won 61.1% of the popular vote in 1964, defeating Republican Sen. Barry Goldwater by nearly 23 percentage points.

In the last 75 years, only three presidents — John F. Kennedy in 1960, Richard Nixon in 1968 and George W. Bush in 2000 — had popular-vote margins smaller than Trump’s current lead.

“If there ever was a mandate, this isn’t it,” said Hans Noel, associate professor of government at Georgetown University.

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Trump’s commanding electoral college victory of 312 votes to Harris’ 226 is clear. And unlike in 2016, when he beat former Secretary of State Hillary Clinton, he won the popular vote and the needed support in the electoral college.

The question is whether Trump can garner significant public support to push through his more contentious administration picks and the most radical elements of his policy agenda, such as bringing in the military to enforce mass deportations.

Democrats say that the results fall short of demonstrating majority public support for Trump and that the numbers do not give him a mandate to deviate from precedent, such as naming Cabinet members without Senate confirmation.

“There’s no mandate here,” Rep. Debbie Wasserman Schultz (D-Fla.) said last week on CNN, noting Trump had suggested using “recess appointments” to get around Senate hearings and votes for his nominees. “What there certainly should not be is a blank check to appoint a chaos Cabinet.”

GOP strategist Lanhee Chen, a fellow at Stanford University’s Hoover Institution who ran for California controller in 2022, rejects such framing by Democrats. He argues that Trump’s victory was “quite resounding,” in large part because it defied expectations.

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In an election that almost all political pundits expected would be close and protracted, he reversed Democrats’ 2020 gains, won all seven battleground states and even made inroads with voters in blue states such as California. Republicans also will take control of the Senate and retain their control of the House.

“Look, if the popular vote ends up having him at 49.6% versus 50.1%, do I think it’s a meaningful difference?” Chen said. “No, I don’t.”

Scholars of American politics have long been skeptical of the idea of a presidential mandate.

The first president to articulate such a concept was Andrew Jackson, the nation’s seventh president, who viewed his 1832 reelection — in which he won 54.2% of the popular vote — as a mandate to destroy the Second Bank of the United States and expand his political authority. In arguing he had the mandate of the people, Jackson deviated from the approach of previous presidents in refusing to defer to Congress on policy.

In “Myth of the Presidential Mandate,” Robert A. Dahl, a professor of political science at Yale University, argued the presidential mandate was “harmful to American public life” because it “elevates the president to an exalted position in our constitutional system at the expense of Congress.”

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Even if we accept the premise of a mandate, there is little consensus on when a candidate has achieved it.

“How do we know what voters were thinking as they cast ballots?” Julia R. Azari, an assistant professor of political science at Marquette University, wrote in a recent essay. “Are some elections mandates and others not? If so, how do we know? What’s the popular vote cutoff — is it a majority or more? Who decides?”

In “Delivering the People’s Message: The Changing Politics of the Presidential Mandate,” she argues that it’s politicians in weak positions who typically invoke mandates. This century, she wrote, presidents have cited mandates with increasing frequency as a result of the declining status of the presidency and growing national polarization.

That’s particularly true of Trump, who has long reveled in hyperbole.

In 2016, he bragged that he’d won in a “massive landslide victory,” even though his electoral college win of 304 to Clinton’s 227 was not particularly dramatic by historic standards and he lost the popular vote by 2 percentage points.

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Four years later, he refused to accept he lost the electoral college and the popular vote to Joe Biden, falsely claiming he was the victim of voter fraud.

When Trump speaks of his supposed mandate, he is not an outlier, but is drawing from bipartisan history.

In the last four decades, no president has won the popular vote by double digits, but politicians including George W. Bush and Barack Obama have increasingly tried to justify their agendas by invoking public support.

When Democrat Bill Clinton defeated Republican President George H.W. Bush and Ross Perot, an independent, in 1992, his failure to win a majority of votes did not stop his running mate, Al Gore, from declaring they had a “mandate for change.” Five days after Clinton was inaugurated, he announced he was creating a task force to devise a sweeping plan to provide universal healthcare.

“In my lifetime, at least,” Clinton told reporters, “there has never been so much consensus that something has to be done.” The effort ultimately failed for lack of political support.

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The fake news is trying to minimize President Trump’s massive and historic victory to try to delegitimize his mandate.

— Karoline Leavitt, incoming White House press secretary

Four years ago, Biden also declared a “mandate for action.”

And while Biden prevailed in the electoral college 306 to 232, his share of the popular vote was 51.3%, hardly a dominant performance.

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As mainstream news outlets have reported on Trump’s shrinking popular margin, Karoline Leavitt, Trump’s incoming White House press secretary, has lashed out at the media.

“New Fake News Narrative Alert!” Leavitt posted on X, adding a red warning light emoji. “The fake news is trying to minimize President Trump’s massive and historic victory to try to delegitimize his mandate.”

Trump’s victory is not by any objective measure “massive or historic.” But Republicans say that news outlets have subjected him to a different standard than they apply to Democratic presidents.

After Clinton won in 1992 after 12 years of GOP presidents, some Republicans note, Time magazine put his face on its cover with the headline “Mandate for Change.”

Clinton won just 43% of the popular vote, one of the lowest shares in U.S. history.

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Presidents sometimes bolster their claims of a mandate by cherry-picking polling results.

On Sunday, Trump’s transition team highlighted new polling from CBS News, claiming it showed “overwhelming support” for his “transition and agenda.”

But even though the poll indicated that 59% of Americans approved of Trump’s handling of the presidential transition, it did not show overwhelming or even majority support for many parts of his agenda.

For example, while Trump won strong backing for his broad immigration plan, with 57% supporting a “national program to find and deport all immigrants who are in the U.S. illegally,” the poll showed far less support — 40% — for his plan to use the military to carry out deportations.

Whatever the popular vote, the Hoover Institution’s Chen argues, Trump is in a strong position because he can count on GOP majorities in both houses of Congress.

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“He’s going to be able to do, from a legislative perspective, largely what he wants to do,” Chen said.

But several GOP senators have already emphasized the importance of requiring FBI background checks for Trump’s more contentious nominees.

It also appears he lacks public support for pushing through his picks without Senate approval. More than three-quarters of respondents, according to the CBS poll, believe the Senate should vote on Trump’s appointments.

Noel, the Georgetown professor, said that Trump’s rhetorical strategy aside, the president-elect might have to move past the “‘I won, so everybody get out of my way’ kind of politics” and work behind the scenes to seek common ground with moderate Republicans and maybe even some Democrats.

“In the past, people have made strong claims about mandates, but then they’ve coupled that with more cautious policymaking,” Noel said. “If Trump doesn’t do that — if he acts like he believes his own story — then we’re in a different, more Trumpian kind of place.”

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Texas could bus migrants directly to ICE for deportation instead of sanctuary cities under proposed plan

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Texas could bus migrants directly to ICE for deportation instead of sanctuary cities under proposed plan

Texas could implement a plan to bus migrants directly to U.S. Immigration and Customs Enforcement (ICE) in an effort to get them processed for deportation, according to media reports. 

The move would be a departure from the state’s program, part of Operation Lone Star, that has bussed thousands of migrants to sanctuary cities, a source told the New York Post. It has yet to be approved by Gov. Greg Abbott. 

Fox News Digital has reached out to Abbott’s office and ICE. 

“We are always going to be involved in border security so long as we’re a border state,” a Texas government source told the newspaper. “We spent a lot of taxpayer money to have the level of deterrent that we have on the border, and we can’t just walk away.”

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Migrants board a city bus to a shelter intake center after traveling on a bus from Del Rio, Texas, to the Port Authority Bus Terminal in New York City on May 13, 2023. (Victor J. Blue)

Abbott has been especially aggressive in combating illegal immigration, bussing migrants to blue cities in an effort to bring attention to the border crisis. Under the proposed plan, buses chartered by Texas from border cities will be taken to federal detention centers to help ICE agents process migrants quickly, the Post reported.

Texas has been in a legal fight with the Biden administration over its efforts to curb illegal immigration. On Wednesday, an appeals court ruled that the state has the right to build a razor wire border wall to deter migrants. 

Officials have also offered land to the incoming Trump administration to build deportation centers to hold illegal immigrant criminals.

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“My office has identified several of our properties and is standing by ready to make this happen on Day One of the Trump presidency,” Texas Land Commissioner Dawn Buckingham said during a visit to the border Tuesday.

Authorities have also warned of unaccompanied migrant children being caught near the border. On Thursday, a 10-year-old boy from El Salvador told state troopers in Maverick County, Texas, that he had been lost and left behind by a human smuggler. 

The boy was holding a cellphone and crying, Texas Department of Public Safety Lt. Chris Olivarez posted on X. The child said his parents were in the U.S. 

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On Sunday, troopers encountered an unaccompanied 2-year-old girl from El Salvador holding a piece of paper with a phone number and her name. She told authorities that her parents were also in the U.S. 

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That morning, state troopers also encountered a group of 211 illegal immigrants in Maverick County. Among the group were 60 unaccompanied children, ages 2 to 17, and six special interest immigrants from Mali and Angola. 

“Regardless of political views, it is unacceptable for any child to be exposed to dangerous criminal trafficking networks,” Olivarez wrote at the time. “With a record number of unaccompanied children and hundreds of thousands missing, there is no one ensuring the safety & security of these children except for the men & women who are on the frontlines daily.”

He noted that the “reality is that many children are exploited & trafficked, never to be heard from again.” 

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