Politics
What Trump's New Cabinet and Administration Picks Have in Common
A number of patterns have emerged among the people President-elect Donald J. Trump has indicated he wants to fill his cabinet and other senior-level positions in his administration.
Some points of commonality are historically typical among senior White House and cabinet officials — Harvard, Yale and Princeton are well represented among his selections’ alma maters, for instance. Other uniting factors are unprecedented: Many on the list have denied or questioned the results of the 2020 presidential election, often a prerequisite for gaining Mr. Trump’s favor. And some lack the traditional qualifications shared by their predecessors.
Indeed, it appears that the most important qualifier in Mr. Trump’s mind has been fealty to him, which many of his picks have demonstrated in various ways over the past few years.
See some of the links between more than 60 potential members (in some cases pending confirmation) of the incoming administration, below.
At least 5 are billionaires.
Mr. Trump has picked two billionaires to lead key economic departments, raising questions about whether his administration will follow through on promises to boost the working class.
Scott Bessent, his choice for treasury secretary, is a hedge fund manager who invested money for George Soros, a liberal philanthropist, for more than a decade. Howard Lutnick, his pick for commerce secretary, is a Wall Street executive. Both Mr. Bessent and Mr. Lutnick have been vocal in their support for Mr. Trump’s plan to impose tariffs on imports, although they may prefer a more targeted approach.
Billionaire entrepreneurs Elon Musk and Vivek Ramaswamy will lead what Mr. Trump is calling the Department of Government Efficiency. Mr. Trump has said the new initiative would operate outside of the government and offer input to federal officials.
At least 8 have been major Trump donors.
The president-elect has also selected major campaign donors for key positions, including four to lead cabinet agencies: Mr. Lutnick and Mr. Bessent, as well as Chris Wright to lead the Energy Department and Linda McMahon to lead the Education Department. (Ms. McMahon and Mr. Lutnick are also co-chairs of the Trump transition.) As of the last federal filing, their contributions to support Mr. Trump during the 2024 election cycle ranged from $350,000 to $20 million.
John Phelan, Mr. Trump’s pick for Navy secretary, and his wife, Amy, donated more than $1 million to Mr. Trump’s joint fund-raising campaign committee.
Steven Witkoff, a billionaire real estate mogul who has given nearly $2 million to Mr. Trump’s political causes over the past decade, was named special envoy to the Middle East. He was on the golf course with Mr. Trump in September during a second assassination attempt.
Mr. Musk poured at least $75 million into a new pro-Trump super PAC and promised on Oct. 19 to award one voter $1 million every day through Election Day. The Justice Department warned Mr. Musk that the giveaway might be illegal, but a judge in Philadelphia refused to halt the sweepstakes.
Charles Kushner, Mr. Trump’s pick for ambassador to France, is a real estate executive who gave at least $2 million to support Mr. Trump.
At least 12 hosted or co-hosted events at Mar-a-Lago.
After Mr. Trump left the White House, Mar-a-Lago became the headquarters of the MAGA movement. Events hosted by right-wing organizations and politicians there largely replaced traditional Palm Beach society galas on the resort’s calendar, as a visit became an essential rite for many Republican candidates.
Many of Mr. Trump’s recent picks were regular fixtures at Mar-a-Lago during this time. Some did more than visit, choosing to host expensive receptions on the property. As Mar-a-Lago’s owner, Mr. Trump is the beneficiary of its profits.
Several of the proposed officials have held campaign fund-raisers or served on the host committee to support another candidate’s event. Others hosted or co-hosted larger events for organizations they lead or champion.
At least 13 made appearances at Trump’s criminal trial in New York.
Mr. Trump’s criminal trial in Manhattan was a staging ground for allies to prove their loyalty. Several of his recent picks traveled to New York in the spring to show support. Some were there in a professional context. Todd Blanche, Mr. Trump’s choice for deputy attorney general, was one of his trial lawyers, and Susie Wiles, Mr. Trump’s incoming chief of staff, was co-chair of his 2024 presidential campaign.
Others, like Vice President-elect JD Vance and Doug Burgum, Mr. Trump’s pick for interior secretary, attended the trial as spectators and attacked members of the presiding judge’s family on behalf of Mr. Trump, who was under a rule of silence. Both were considered potential running mates at the time.
At least 17 are associated with the America First Policy Institute or Project 2025.
Mr. Trump spent much of the campaign distancing himself from Project 2025, a sprawling initiative spearheaded by the Heritage Foundation that included a “blueprint” document for a new conservative administration that was authored in part by former Trump staffers. But since winning the election, Mr. Trump has picked at least seven people with ties to the controversial conservative policy initiative to serve in his administration.
Project 2025 also includes a database of Heritage-vetted personnel intended to help a Republican president build rank-and-file staff. It remains to be seen to what extent those candidates will be hired in the new administration.
The America First Policy Institute, which like the Heritage Foundation is a pro-Trump think tank, is also heavily represented in his picks so far. At least 11 of the people among his picks have ties to the upstart policy group. Much like Project 2025, the think tank has prepared staffing plans and a policy agenda, and it reportedly has drafted nearly 300 executive orders ready for Mr. Trump’s signature.
At least 11 are or have been Fox hosts or contributors.
Some of Mr. Trump’s appointees are closely linked to Fox as either hosts, former hosts or contributors. Pete Hegseth was a host on “Fox & Friends” until he became Mr. Trump’s pick for defense secretary. Mr. Hegseth’s co-host was Rachel Campos-Duffy, who is married to Sean Duffy, Mr. Trump’s cabinet pick for transportation secretary. Mr. Duffy also co-hosted a show on Fox Business.
Mr. Trump’s choice for ambassador to Israel, Mike Huckabee, hosted a show on Fox for seven years. More recently, Mr. Ramaswamy was tapped to host a five-part series on Fox Nation.
Many more figures in Mr. Trump’s orbit are frequent guests on Fox News, and several not counted here have contributed digital columns to the Fox News website. Mr. Wright caught Mr. Trump’s attention in part through his appearances on Fox News.
At least 9 are or have been registered lobbyists.
The revolving door between lobbying and government is a tradition in Washington — and one of the practices Mr. Trump pledged to eliminate when he said he would “drain the swamp.” But some of the people Mr. Trump has tapped for his administration have deep ties to that very swamp.
Ms. Wiles was registered as a lobbyist until early this year. Pam Bondi, Mr. Trump’s choice for attorney general, joined a lobbying firm run by a prominent Florida fund-raiser after she finished her second term as Florida attorney general. Mr. Duffy lobbied for a coalition of airlines in 2020.
Some of Mr. Trump’s selections not shown here have acted as lobbyists without officially registering — another longstanding custom in the nation’s capital. Russell T. Vought, Mr. Trump’s choice to lead the Office of Management and Budget, noted in paperwork for his 2017 Senate confirmation hearing that he had “engaged in grassroots lobbying.”
At least 28 served in or advised the previous Trump administration.
More than two dozen of Mr. Trump’s cabinet and other senior-level picks also served in some capacity in his first administration.
Some have been chosen for roles related to their previous jobs. Thomas Homan was the acting director of U.S. Immigration and Customs Enforcement during Mr. Trump’s first term and has been named the border czar, a position that does not require Senate confirmation, for the coming term.
Others have been tapped for roles less related to their previous positions. Ms. McMahon was the administrator of the Small Business Administration from 2017 to 2019, and she is now Mr. Trump’s choice for education secretary.
Several on this list did not have official, full-time jobs during Mr. Trump’s last term, but they were chosen by him to sit on advisory boards. Those people include Mr. Witkoff, Mr. Huckabee and Mr. Musk.
Explore the members of Mr. Trump’s proposed senior staff below.
Treasury secretary
—
National Institutes of Health director
— White House deputy chief of staff
—
Deputy attorney general
—
Attorney general
Member of board of trustees of the John F. Kennedy Center for the Performing Arts
Senior adviser for Arab and Middle Eastern affairs
—
White House legislative affairs director
Deputy to the associate director for White House deputy chief of staff
—
Interior secretary
—
F.C.C. chairman
F.C.C. commissioner
Labor secretary
—
White House communications director
White House director of strategic response Veterans affairs secretary
—
Transportation secretary
—
Director of national intelligence
—
White House director of personnel
—
Deputy assistant to the president and senior director for counterterrorism
Deputy assistant to the president and strategist U.S. trade representative
Chief of staff to trade representative
Director of the Domestic Policy Council
Deputy assistant to the president
Director of White House National Economic Council
Chair of the Council of Economic Advisers
Defense secretary
—
Ambassador to Canada
Ambassador to the Netherlands Border czar
Acting director of U.S. Immigration and Customs Enforcement
Ambassador to Israel
Member of board of trustees of the John F. Kennedy Center for the Performing Arts
Special envoy to Ukraine and Russia
National security adviser to the vice president
Health and human services secretary
—
Ambassador to France
— White House public liaison director
Special assistant to the president
White House press secretary
Assistant White House press secretary
Commerce secretary
—
F.D.A. commissioner
—
White House counsel
White House cabinet secretary Education secretary
Small business administrator
White House deputy chief of staff
Senior adviser
Co-lead, government efficiency
Member of Great American Economic Revival industry group
U.S. surgeon general
—
Homeland security secretary
— Deputy secretary of health and human services
—
Medicare and Medicaid administrator
Member of president’s council on sports, fitness and nutrition
F.B.I. director
Chief of staff to acting defense secretary
Navy secretary
—
White House political affairs director
— Co-lead, government efficiency
—
C.I.A. director
Director of national intelligence
Agriculture secretary
Acting domestic policy adviser
Secretary of state
—
U.S. solicitor general
— White House deputy chief of staff
White House deputy chief of staff
White House staff secretary
—
U.N. ambassador
—
Housing and urban development secretary
Executive director of White House opportunity and revitalization council
Vice president
— Office of Management and Budget director
Office of Management and Budget director
National security adviser
—
C.D.C. director
—
NATO ambassador
Acting attorney general
White House chief of staff
— Middle East envoy
Member of Great American Economic Revival industry group
Assistant to the president and principal deputy national security adviser
Deputy special representative for North Korea
Energy secretary
—
E.P.A. administrator
—
Methodology This list reflects 61 cabinet and senior-level position picks that Mr. Trump had announced as of noon Eastern on Dec. 2.
To determine ties to Project 2025, The Times checked Mr. Trump’s proposed staff members against the authors, editors and contributors to the Project 2025 playbook, as well as the instructor lists in Project 2025’s training programs. Ties to the America First Policy Institute were determined by whether an individual had a listed role on the conservative group’s website or has served as a fellow for the group.
To determine ties to Fox News, The Times searched for each staff pick on Fox’s website, which lists individuals’ affiliations with Fox News. In instances where a biographical page was not available for a nominee, The Times attempted a further search on the Internet Archive and consulted news articles that described other relationships between the potential nominees and appointees and Fox News. In many cases, nominees had a presence on the Fox News website in the form of submitted opinion articles, but were not described as Fox contributors, so The Times did not classify them as being tied to Fox directly.
Accounts by Times reporters and photographers who covered Mr. Trump’s trial in New York were used to determine whether one of Mr. Trump’s picks attended the trial.
Those labeled billionaires have been referred to as such in other Times coverage. Major donors include people who gave at least $250,000 to support Mr. Trump during the 2024 election cycle.
The Times used congressional lobbying disclosure databases to determine whether an individual is or has ever been a registered lobbyist.
To determine whether one of Mr. Trump’s picks hosted or co-hosted an event at Mar-a-Lago, The Times used permits from the town of Palm Beach; federal, state and county campaign finance records; tax records; social media posts; and promotional materials from organizations that held events.
The Times used the official White House archive from the first Trump administration to determine whether people selected for the second administration also served in the first. Some held multiple positions during the course of the administration. In most cases, the chart reflects the last position they held.
Scott Bessent
first term
event(s)
N.Y. trial
to Fox
Jay Bhattacharya
first term
event(s)
N.Y. trial
to Fox
James Blair
first term
event(s)
N.Y. trial
to Fox
Todd Blanche
first term
event(s)
N.Y. trial
to Fox
Pam Bondi
first term
event(s)
N.Y. trial
to Fox
Massad Boulos
first term
event(s)
N.Y. trial
to Fox
James Braid
first term
legislative affairs
event(s)
N.Y. trial
to Fox
Taylor Budowich
first term
event(s)
N.Y. trial
to Fox
Doug Burgum
first term
event(s)
N.Y. trial
to Fox
Brendan Carr
first term
event(s)
N.Y. trial
to Fox
Lori Chavez-DeRemer
first term
event(s)
N.Y. trial
to Fox
Steven Cheung
first term
event(s)
N.Y. trial
to Fox
Doug Collins
first term
event(s)
N.Y. trial
to Fox
Sean Duffy
first term
event(s)
N.Y. trial
to Fox
Tulsi Gabbard
first term
event(s)
N.Y. trial
to Fox
Sergio Gor
first term
event(s)
N.Y. trial
to Fox
Sebastian Gorka
first term
event(s)
N.Y. trial
to Fox
Jamieson Greer
first term
event(s)
N.Y. trial
to Fox
Vince Haley
first term
event(s)
N.Y. trial
to Fox
Kevin Hassett
first term
event(s)
N.Y. trial
to Fox
Pete Hegseth
first term
event(s)
N.Y. trial
to Fox
Pete Hoekstra
first term
event(s)
N.Y. trial
to Fox
Thomas Homan
first term
event(s)
N.Y. trial
to Fox
Mike Huckabee
first term
event(s)
N.Y. trial
to Fox
Keith Kellogg
first term
event(s)
N.Y. trial
to Fox
Robert F. Kennedy Jr.
first term
event(s)
N.Y. trial
to Fox
Charles Kushner
first term
event(s)
N.Y. trial
to Fox
Alex Latcham
first term
event(s)
N.Y. trial
to Fox
Karoline Leavitt
first term
event(s)
N.Y. trial
to Fox
Howard Lutnick
first term
event(s)
N.Y. trial
to Fox
Martin A. Makary
first term
event(s)
N.Y. trial
to Fox
Bill McGinley
first term
event(s)
N.Y. trial
to Fox
Linda McMahon
first term
event(s)
N.Y. trial
to Fox
Stephen Miller
first term
event(s)
N.Y. trial
to Fox
Elon Musk
first term
event(s)
N.Y. trial
to Fox
Janette Nesheiwat
first term
event(s)
N.Y. trial
to Fox
Kristi Noem
first term
event(s)
N.Y. trial
to Fox
Jim O’Neill
first term
event(s)
N.Y. trial
to Fox
Mehmet Oz
first term
event(s)
N.Y. trial
to Fox
Kash Patel
first term
event(s)
N.Y. trial
to Fox
John Phelan
first term
event(s)
N.Y. trial
to Fox
Matt Brasseaux
first term
event(s)
N.Y. trial
to Fox
Vivek Ramaswamy
first term
event(s)
N.Y. trial
to Fox
John Ratcliffe
first term
event(s)
N.Y. trial
to Fox
Brooke Rollins
first term
event(s)
N.Y. trial
to Fox
Marco Rubio
first term
event(s)
N.Y. trial
to Fox
D. John Sauer
first term
event(s)
N.Y. trial
to Fox
Dan Scavino
first term
event(s)
N.Y. trial
to Fox
Will Scharf
first term
event(s)
N.Y. trial
to Fox
Elise Stefanik
first term
event(s)
N.Y. trial
to Fox
Scott Turner
first term
event(s)
N.Y. trial
to Fox
JD Vance
first term
event(s)
N.Y. trial
to Fox
Russell T. Vought
first term
event(s)
N.Y. trial
to Fox
Michael Waltz
first term
event(s)
N.Y. trial
to Fox
Dave Weldon
first term
event(s)
N.Y. trial
to Fox
Matthew Whitaker
first term
event(s)
N.Y. trial
to Fox
Susie Wiles
first term
event(s)
N.Y. trial
to Fox
Steven Witkoff
first term
event(s)
N.Y. trial
to Fox
Alex Wong
first term
event(s)
N.Y. trial
to Fox
Chris Wright
first term
event(s)
N.Y. trial
to Fox
Lee Zeldin
first term
event(s)
N.Y. trial
to Fox
Politics
Rubio targets Nicaraguan official over alleged torture tied to ‘brutal’ Ortega regime
NEWYou can now listen to Fox News articles!
Secretary of State Marco Rubio announced Saturday that the Trump administration is sanctioning a senior Nicaraguan official over alleged human rights violations.
Rubio said the U.S. is designating Vice Minister of the Interior Luis Roberto Cañas Novoa for his role in “gross violations of human rights” under the government of President Daniel Ortega and Vice President Rosario Murillo, marking what he said was the latest effort to hold the regime accountable.
“The Trump administration continues to hold the Murillo-Ortega dictatorship accountable for brutal human rights violations against Nicaraguans,” Rubio said in a post on X. “I’m designating Nicaraguan Vice Minister of the Interior Luis Roberto Cañas Novoa for his role in human rights violations.”
RUBIO TESTIFIES IN TRIAL OF EX-FLORIDA CONGRESSMAN ALLEGEDLY HIRED BY MADURO GOVERNMENT TO LOBBY FOR VENEZUELA
Secretary of State Marco Rubio speaks at the State Department, April 14, 2026. The U.S. announced sanctions on a Nicaraguan official tied to alleged human rights abuses under the Ortega-Murillo government. (Andrew Harnik/Getty Images)
The designation was made under Section 7031(c), which allows the State Department to bar foreign officials and their immediate family members from entering the United States due to involvement in significant corruption or human rights abuses.
The State Department has said the Ortega-Murillo government has engaged in arbitrary arrests, torture and extrajudicial killings following mass protests that began in April 2018.
“Nearly eight years ago, the Rosario Murillo and Daniel Ortega dictatorship unleashed a brutal wave of repression against Nicaraguans who courageously stood against the regime’s increased tyranny, corruption, and abuse,” the statement reads.
The State Department said that the sanction marked the anniversary of the 2018 protests, after which more than 325 protesters were murdered in the aftermath.
A panel of U.N.-backed human rights experts previously accused Nicaragua’s government of systematic abuses “tantamount to crimes against humanity,” following an investigation into the country’s crackdown on political dissent, according to The Associated Press.
The experts said the repression intensified after mass protests in 2018 and has since expanded across large parts of society, targeting perceived opponents of the government.
TRUMP ADMIN ANNOUNCES EXPANSION OF VISA RESTRICTION POLICY IN WESTERN HEMISPHERE
Nicaragua President Daniel Ortega delivers a speech during a ceremony to mark the 199th Independence Day anniversary, in Managua, Nicaragua Sept. 15, 2020. (Nicaragua’s Presidency/Cesar Perez/Handout via Reuters)
Nicaragua’s government has rejected those findings.
The designation follows a series of recent U.S. actions targeting the Ortega-Murillo government. In February, the State Department sanctioned five senior Nicaraguan officials tied to repression, citing arbitrary detention, torture, killings and the targeting of clergy, media and civil society.
Earlier this week, the department also announced sanctions on individuals and companies linked to Nicaragua’s gold sector, including two of Ortega and Murillo’s sons, accusing the regime of using the industry to generate foreign currency, launder assets and consolidate power within the ruling family.
The State Department said the move is part of ongoing efforts to hold the Nicaraguan government accountable for its actions.
Fox News Digital reached out to the Nicaraguan government and its embassy in Washington for comment but did not immediately receive a response.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
A man waves a Nicaraguan flag during a demonstration to commemorate Nicaragua’s national Day of Peace, which is celebrated in the country on April 19, and to protest against the government of Nicaraguan President Daniel Ortega in San Jose, Costa Rica on April 16, 2023. (Jose Cordero/AFP)
The Trump administration has taken an increasingly aggressive posture in the Western Hemisphere in recent months, including a Jan. 3, 2026, operation that resulted in the capture of Venezuelan leader Nicolás Maduro and his wife, Cilia Flores.
The U.S. has also carried out a series of strikes targeting suspected drug-trafficking vessels in the region, part of a broader crackdown tied to regional security and narcotics enforcement efforts.
Politics
Outlines of a deal emerge with major concessions to Iran
WASHINGTON — Upbeat claims from President Trump over an imminent peace deal to end the war with Iran were met with deep skepticism Friday across the Middle East, where Iranian and Israeli officials questioned the prospects for a lasting agreement that would satisfy all parties.
The outlines of an agreement began to emerge that would provide Iran with a major strategic victory — and a potential financial windfall — allowing the Islamic Republic to leverage its control over the Strait of Hormuz to exact significant concessions from the United States and its ally Israel as Trump presses for a swift end to the conflict.
In a series of social media posts and interviews with reporters, Trump announced that the strait was “fully open,” vowing Tehran would never again attempt to control it. But Iranian officials and state media said that conditions remained on passage through the waterway, including the imposition of tolls and coordination with the Islamic Revolutionary Guard Corps.
Iranian diplomats posted threats that its closure could resume at any time of their choosing, and warned that restrictions would return unless the United States agreed to lift a blockade of its ports. Trump had said Friday that the blockade would remain in place.
“The conditional and limited reopening of a portion of the Strait of Hormuz is solely an Iranian initiative, one that creates responsibility and serves to test the firm commitments of the opposing side,” said a top aide to Iran’s president, dismissing Trump’s statements on the contours of a deal as “baseless.”
“If they renege on their promises,” he added, “they will face dire consequences.”
In an overture to Iran, Trump said Israel would be “prohibited” from conducting additional military strikes in Lebanon, where the Israeli government of Prime Minister Benjamin Netanyahu seeks to prevent Hezbollah, an Iranian proxy militia, from rearming, a potential threat to communities in the Israeli north.
But in a speech delivered in Hebrew, Netanyahu would say only that Israel had agreed to a temporary ceasefire, while members of his Cabinet warned that Israel Defense Forces operations in southern Lebanon were not yet finished. A top ally of the prime minister at a right-wing Israeli news outlet warned that Trump was “surrendering” to Iran in the talks.
It was a day of public messaging from a president eager to end a war that has proved historically unpopular with the American public, and has driven a rise in gas prices that could weigh on his party entering this year’s midterm elections.
Yet, Republican allies of the president have begun warning him that an agreement skewed heavily in Tehran’s favor could carry political costs of its own.
Trump was forced to deny an Axios report Friday that his negotiating team had offered to release $20 billion in frozen Iranian assets in exchange for Tehran agreeing to hand over its fissile material, buried under rubble from a U.S. bombing raid last year.
That sum would amount to more than 10 times what President Obama released to Iran under a 2015 nuclear deal, called the Joint Comprehensive Plan of Action, that was the subject of fierce Republican criticism in the decade since.
“I have every confidence that President Trump will not allow Iran to be enriched by tens of billions of dollars for holding the world hostage and creating mayhem in the region,” said Sen. Lindsey Graham (R-S.C.), a strong supporter of the war. “No JCPOAs on President Trump’s watch.”
Still, Trump said in a round of interviews that a deal could be reached in a matter of days, ending less than two weeks of negotiations.
He claimed that Tehran had agreed to permanently end its enrichment of uranium — a development that, if true, would mark a dramatic reversal for the Islamic Republic from decades developing its nuclear program, and from just 10 days ago, when Iranian diplomats rejected a U.S. proposal of a 20-year pause on domestic enrichment in favor of a five-year moratorium.
He said Iran had agreed never to build nuclear weapons — a pledge Tehran has made repeatedly, including under the Nuclear Nonproliferation Treaty, in a religious decree from then-Supreme Leader Ayatollah Ali Khamenei, and in the 2015 agreement — while continuing nuclear activities viewed by the international community as exceeding civilian needs.
And he repeatedly stated that Iran had agreed to the removal of its enriched uranium from the country, either to the United States or to a third party. Iranian state media stated Friday afternoon that a proposal to remove the country’s highly enriched uranium had been “rejected.”
Iran’s agreement to allow safe passage for commercial vessels through the Strait of Hormuz is linked to a ceasefire in Lebanon that the Israeli Cabinet approved for only a 10-day period. Regardless of whether it holds or is extended, Israeli officials said their military would not retreat from its current positions in southern Lebanon — opening up Israeli forces to potential attack by Hezbollah militants unbound by a truce brokered by the Lebanese government.
The Lebanese people, Hezbollah officials said, have “the right to resist” Israeli occupation of their land. Whether the fighting resumes, the group added, “will be determined based on how developments unfold.”
An Iranian official threw cold water on the prospects of reaching a comprehensive peace deal in the coming days, telling Reuters that a temporary extension of the current ceasefire, set to expire Tuesday, would “create space for more talks on lifting sanctions on Iran and securing compensation for war damages.”
“In exchange, Iran will provide assurances to the international community about the peaceful nature of its nuclear program,” the official said, adding that “any other narrative about the ongoing talks is a misrepresentation of the situation.”
Trump told reporters Friday that the talks will continue through the weekend.
While Trump claimed there aren’t “too many significant differences” remaining, he said the United States would continue the blockade until negotiations are finalized and formalized.
“When the agreement is signed, the blockade ends,” the president told reporters in Phoenix.
Times staff writer Ana Ceballos contributed to this report.
Politics
Read the Supreme Court’s Shadow Papers
CHAMBERS OF
JUSTICE ELENA KAGAN
Supreme Court of the United States Washington, D. C. 20343
February 7, 2016
Memorandum to the Conference
Re: 15A773 West Virginia, et al. v. EPA, et al.
15A776 Basin Elec. Power Cooperative, et al. v. EPA, et al. 15A787 Chamber of Commerce, et al. v. EPA, et al.
15A778 Murray Energy Corp., et al. v. EPA, et al.
-
15A793 North Dakota v. EPA, et al.
I agree with Steve that we should direct the States to seek an extension from the EPA before asking this Court to intervene. We could also include, at the end of such an order, language along the lines of the following, to encourage the D. C. Circuit to act expeditiously in its resolution of this matter: “In light of that court’s agreement to consider this case on an expedited schedule, we are confident that it will [or even: we urge it to] render a decision with appropriate dispatch.” See Doe v. Gonzales, 546 U. S. 1301, 1308 (2005) (GINSBURG, J., in chambers); Kemp v. Smith, 463 U. S. 1344, 1345 (1983) (Powell, J., in chambers); Holtzman v. Schlesinger, 414 U. S. 1304, 1305, n. 2 (1973) (Marshall, J., in chambers).
The unique nature of the relief sought in these applications gives me real pause. The applicants ask us to enjoin a regulation pending initial review in the court of appeals. As we often say, “we are a court of review, not of first view.” See Cutter v. Wilkinson, 544 U. S. 709, 718 n. 7 (2005); cf. Doe, 546 U. S., at 1308 (“Re- spect for the assessment of the Court of Appeals is especially warranted when that court is proceeding to adjudication on the merits with due expedition.”). As far as I can tell, it would be unprecedented for us to second-guess the D. C. Circuit’s deci sion that a stay is not warranted, without the benefit of full briefing or a prior judi- cial decision.
On the merits, this is a difficult case involving a complex statutory and regu- latory regime. Although the parties’ abbreviated discussion of the issues at stake here makes it difficult for me to determine with any confidence which side is likely to ultimately prevail, it seems to me that at this stage the government has the bet- ter of the arguments. The Chief’s memo focuses on the applicants’ argument that the “best system of emission reduction” refers “solely [to] installation of control technologies (e.g., scrubbers).” 2/5 Memo, at 2. The ordinary meaning of “system” is in fact quite broad, appearing to encompass what EPA has done here. Of course, we would want to consider this term in the larger context of the Clean Air Act’s regula-
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