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Senate Democrats are planning to use their legislative authority to roll back just a handful of Trump-era regulations, disappointing someactivistswho hoped they would be more aggressive in usingmaneuverstotopplethe former president's legacy.

Senate Majority LeaderCharles Shumer (D-N.Y.) announced Thursday that Democrats would use the Congressional Review Act (CRA) to overturn two different Trump-era regulations, one that weakened regulations on methane and another that limited workplace discrimination protections.

But by committing to attempt to nix just a few rules, Democrats are taking a sharp turn from the strategy employed by Republicans, who after Trump was elected used the act on 16 different regulations.

I think it's a powerful tool, said Alison Kamhi, an attorney with the Immigrant Legal Resource Center who helped analyze which of the many Trump immigration regulations could be good CRA targets.

It's not the only tool, but its a tool, and you want to see the Democrats using every tool in the toolbox," Kamhi added. "So I would have hoped for more rules to be introduced for potential CRA disapproval.

Its possible more will be coming.

Democrats have introduced resolutions that would unwind two different Trump financial regulations, including one that significantly weakens predatory lending regulations. But so far Schumer hasnt committed to a vote on either.

Democrats have some reason to be hesitant to use the CRA. Scrapping a rule reverts policy back to whatever was in place before it was adopted which can leave weaker regulations in place.

There is also concern over statutory language in the CRA that then blocks the relevant agency from crafting another rule thats substantially similar, a feature some fear could hinder future necessary regulation.

The CRA is a blunt tool, so you have to be careful when you're using it that youre not going to tie the hands of the administration going forward, said Aaron Weiss, deputy director of the Center for Western Priorities, which tracked Trumps environmental rollbacks.

So its not surprising that Congress is going to use it judiciously this year considering how quickly the Biden administration is moving toroll backTrumps environmental legacy the right way, he said.

The CRA process also eats up about 10 hours of floor time, something in short supply in the Senate after Trumps second impeachment trial and various 30-hour holds placed on several of Bidens nominees.

Still, Democrats could be giving up a significant number of opportunities if they just use the CRA twice.

A coalition of various advocacy groups identified 28 different Trump rules ripe for CRA use that they hoped the Senate would prioritize.

On the list: changes to the asylum process, a rule opening up logging in Alaskas Tongass National Forest, a rule weakening unfair and deceptive practices regulations for airlines, and a rule that would have sunset all Department of Health and Human Services rulesmore than 10 years old if they werent reviewed within the next few years.

Its an extremely powerful tool because the alternative is typically to repeal through notice and comment rulemaking, and notice and comment rulemaking could take years and then thats followed by one year of judicial review, said Richard Revesz, a professor at New York University School of Law, who warned of legal challenges.

The CRA allows for the definitive undoing of a bad policy very quickly.

The two rules that will get a vote are ones Democrats view as particularly dangerous.

The methane rule short circuited existing regulations for the oil and gas industry, allowing them to spew heat-trapping methane a gas several times more potent that carbon into the atmosphere.

The other was an Equal Employment Opportunity Commission regulation that critics say tilted the scales in favor of employers fielding challenges from employees claiming they faced discrimination.

To be successful, Democrats will have to wrangle votes from each of their 50 senators or secure Republican backing a potentially heavy lift with such tight margins.

But advocates are also hopeful Schumer will see fit to bring additional CRA resolutions to the floor, regulations they argue wont trip up any future rulemaking.

That includes an Office of the Comptroller of the Currency rule targeted by Sens. Chris Van HollenChristopher (Chris) Van HollenDemocrats disappoint by not going after more Trump regs with CRA Senators to unveil bill banning permanent Capitol fence SEC adopts measure aimed at cracking down on Chinese firms from US exchanges MORE (D-Md.) and Sherrod BrownSherrod Campbell BrownDemocrats disappoint by not going after more Trump regs with CRA American Rescue Plan: Ending child poverty let's make it permanent Meeting between Trump, Ohio Senate candidates turns tense: report MORE (D-Ohio).

This is a terrible rule, said Lauren Saunders, associate director of the National Consumer Law Center, who said the federal government has no right to help payday lenders skirt state laws that cap interest rates.

So the simplest thing to do is to just get rid of the rule.

The bills came just in the nick of time.Public Citizenestimates lawmakers have until April 4 to file resolutions that comply with the law, leaving little time to file additional measures. Schumer has until mid-May to bring them to the floor before the CRA clock runs out.

Immigration advocates have yet to secure a CRA resolution for one of their top priorities a regulation that barred asylum to those from any number of countries who passed through Mexico to arrive at the Southern border. Its since been enjoined by the courts, but it has not yet been struck down.

The reason that was our top priority is because its a rule that could bar asylum eligibility for vast numbers of people, if it were to go into effect, and were not concerned about the potential effects of CRA disapproval because thats a place where we don't want there to be rules issued, Kamhi said.We don't think there should be rules barring people from applying for relief based on where they transited through.

Democrats may also not be eager to let Republicans set a precedent. The CRA had only been used once since it was first adopted in 1996 until the GOP heavily used it in 2017.

The Biden administration has already opted to use a number of more traditional tactics, using a freeze memo to block regulations that had not yet taken effect, while striking some internal memos and directives. Theyve also flipped positions on a number of existing challenges to Trump era regulations, leaving the courts as another viable path for striking many of them down.

Thats part of the reason Weiss doesnt think Democrats should rely too heavily on the CRA.

Theyre moving so quickly on everything else, he said, and when there are bad regulations the courts generally step in and do the right thing anyway. And when a court throws out a rule it tends to not tie the hand of the agency going forward. It just means they go back and do it right the next time.

But Revesz worries that Democrats are too cautious about the CRA language blocking any future regulation that is substantially similar.

I understand that argument floats around, but for this administration it shouldn't be considered a bar even in cases where they actually want to replace a regulation, he said. Strengthening something not substantially the same as weakening something.

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Democrats disappoint by not going after more Trump regs with CRA | TheHill - The Hill

House Minority Leader Ilana Rubel said full-day kindergarten is one of their top priorities before the session ends.

BOISE, Idaho Idaho lawmakers will have significant work to finish when they return from the two-week COVID-19 pause. When they return, Idaho Democrats remain focused on accomplishing progress on the education front. House Minority Leader Ilana Rubel told KTVB that they are focused on passing legislation they have pushed hard for.

Funding of full-day kindergarten is really top of the list, this would be historic. It would be the biggest thing thats happened in education access in decades since half-day kindergarten was created decades ago by Cecil Andrus," Rubel said. "We have the bill ready to go, I think it would have moved forward had we still had a House Education Committee but of course they all went down with COVID. That though we really are optimistic to see go through this year.

Rep. Rubel (D-Boise) said another battle on the education front is making sure the Idaho Lottery continues to be a part of the Powerball game.

Earlier in the session, lawmakers nixed Idahos future participation because of Powerballs plans to expand internationally. Idaho would miss out on about $14 million for education funding that is generated from Powerball sales. Democrats are working on new legislation to get Idaho back on board.

Seriously, its a real concern. I think there is a bill in the works that is similar to the first one that got killed," Rubel said. "I think they are hoping that maybe with more work on it this time it can get done. I think they were blindsided, I dont think anybody saw that bill going down it didnt occur to them that this committee would just kill $14 million in education for really no reason."

Democrats have worked for years to help better Idahos foster care system and Rubel believes they are close to passing a major difference-maker.

The foster care extension, this is something that the Democrats have been working on for a long time heading into session," she explained. "To extend the age for foster care up to 21, right now people get kicked out of the foster care system when they are 18 and the results are very poor and are much improved for those that are able to remain in the system until 21. So, they dont instantly become homeless the day they turn 18. So that is something that made it through the House and would be a really good thing if it could get through the Senate when we get back."

Idaho Democrats will also focus on pushing against legislation moving through the Statehouse including a bill that would change the threshold for qualifying a citizens initiative for the ballot.

We really want to see a lot of things blocked, most notably the attack on citizens ballot initiative rights and some of the voter suppression bills. In particular, Senate Bill 1110, which would basically shut down citizens' ballot initiative rights forever, Rubel said.

There is also a focus on the tax cut plan that recently passed the House. Democrats argue it is a cut disproportionately benefiting the wealthy and say the use of general fund dollars for the cut could be put to better use.

So we would very much like to see that blocked," Rubel said. "If we lose that $400 million that will lock us in at last place in education for the foreseeable future. So, that is a top priority to block.

Attention is also on passing meaningful property tax legislation that Idaho Democrats said will help homeowners while not killing local budgets that pay for vital services.

The Legislature could very easily restore the indexed homeowners exemption which would give people a big break," Rubel said. "The Legislature has refused to increase the circuit breaker in 15 years now, which is relief for low-income seniors and veterans and those who really need it. The Democrats have a lot of proposals on property taxes that would leave those vital services intact. We just havent been allowed to get hearings on any of them."

Idaho lawmakers are expected to return to the Statehouse on April 6 to resume the session.

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Idaho Democrats focused on education issues before end of legislative session - KTVB.com

Democrats running to replace the late U.S. Rep. Ron Wright, R-Arlington, believe they can flip the seat in an unpredictable off-year special election. But Democrats at large are not as sure or willing to say it out loud.

That is becoming clear as campaigning ramps up for the May 1 contest, when 23 candidates including 11 Republicans and 10 Democrats will be on the ballot in Texas 6th Congressional District. With so many contenders, the race is likely to go to a mid-summer runoff, and Democrats involved hope they can secure a second-round spot on their way to turning the district blue.

While Democrats have cause for optimism the district has rapidly trended blue in recent presidential election results some are urging caution. They are mindful of a few factors, not the least of which is a 2020 election cycle in which high Democratic expectations culminated in deep disappointment throughout the ballot.

Were not counting our chickens before they hatch and were gonna work to earn every vote, said Abhi Rahman, a Texas Democratic strategist who previously worked for the state party. This is not a bellwether. This is the first of many battles that will eventually lead to Texas turning blue.

With just under a month until early voting begins, national Democrats are showing few outward signs that they are ready to engage in the race, even as candidates and their supporters press the case that the district is flippable. They point out that Trump carried the district by only 3 percentage points in November after winning it by 12 points in 2016. Mitt Romney carried the district by 17 points in 2012.

It absolutely is a competitive race, said Stephen Daniel, the 2020 Democratic nominee for the seat, who opted against running in the special election. He added he thinks that national Democrats need to get involved because I think the more resources you have to get out there and help you reach these voters can only help.

On the flip side, Wright, who died in February weeks after testing positive for the coronavirus, won the seat when it was open in 2018 by 8 points and by 9 points in 2020. Both times the seat was a target of the Democratic Congressional Campaign Committee, though the designation came late in the cycle and the group did not spend significant money in either election.

And while Trump carried the district by only 3 points in November, every other statewide Republican candidate, including U.S. Sen. John Cornyn, won it by more comfortable margins ranging from 6 to 8 points.

Whether to engage could be an especially difficult decision for the DCCC, which made a show of going on offense in Texas last cycle, opening an office in Austin early on and building a target list that grew to include 10 Republican-held districts, including Wrights. They ended up flipping none of them.

Asked for comment for this story, a DCCC spokesperson pointed to comments that the committees chairman, Sean Patrick Maloney, made to The Washington Post in mid-February. Asked if the DCCC would compete in the special election, Maloney said the committee was looking at it but that Democratic members were currently focused on helping constituents recover from the deadly winter storm that had just battered the state at the time.

Democrats make up 10 candidates in the 23-way race. The more prominent Democratic candidates include Jana Lynne Sanchez, the partys 2018 nominee for the seat; Lydia Bean, the Democratic challenger last year to state Rep. Matt Krause, R-Fort Worth; and Shawn Lassiter, an education nonprofit leader from Fort Worth.

EMILYs List, the powerful national group that works to elect Democratic women who support abortion rights, is in touch with the Democratic women running in the special election and watching the race closely but currently has no plans to endorse, spokesperson Kristen Hernandez said. The organization backed Sanchez when she was the nominee in 2018 but is often more cautious about taking sides when multiple Democratic women are running in a primary or special election.

It is still somewhat early relative to the special election timeline the filing deadline was March 3 but at least two Republican contenders are already running TV ads, and some Democrats worry they could get locked out of the runoff if the national party does not start paying closer attention.

Lassiter, in a statement for this story, said Democrats cannot sit on the sidelines and watch the failed leadership of the Republicans be a disservice to our communities.

Texas' 6th is eager to elect someone who represents our growing diversity and who has the political courage to serve the people, Lassiter said. With the right candidate and with Democratic investment, we can flip this district and win.

Lassiter is one of at least two Black Democrats running, one other being Mansfield pastor Patrick Moses. Twenty-seven percent of 2020 Democratic primary voters in the district were African American, according to the Lassiter campaign's analysis. Thirty-three percent were Black in the lower-turnout 2018 primary.

Lassiter is not the only candidate contemplating a potential all-GOP runoff. A recent polling memo provided to another Democratic campaign warned that a Democratic lockout is a real danger.

Kelly Blackburn, chairwoman of the Ellis County Democratic Party, said she thinks some people will start coalescing toward or one or two [Democratic candidates] by April, but well see. As for investment in the race by national Democrats, she said she would welcome it, and Im sure the candidates would as well.

If we really wanna fight for it, I think we need more money and big money, Blackburn said.

The Republican side is headlined by veteran GOP activist Susan Wright, Ron Wrights widow. Some of her most serious-looking GOP competitors include state Rep. Jake Ellzey of Waxahachie and Brian Harrison, the former chief of staff at the U.S. Department of Health and Human Services under President Donald Trump; and Sery Kim, another former Trump administration official. One wild card is Dan Rodimer, the former professional wrestler who ran for Congress last year in Nevada and scrambled to file last-minute for the Texas special election.

Some of the Democrats are already finding convenient foils in the GOP field. Bean has repeatedly called out Rodimer on social media and sent fundraising emails targeting Harrison at length, deriding him as Bootlicker Brian. (He has taken encouragement from the attacks.)

For now, though, the Democrats may have to focus on differences among themselves if they want to advance to an anticipated runoff against a Republican.

During one of their first major forums last week, the Democratic field was largely harmonious. Sanchez and Bean leaned heavily on their previous campaign experience to argue they were best positioned to turn out Democrats for the special election. Sanchez also brought up a sore subject for Democrats last election cycle.

I think we saw from 2020, where down-ballot was extremely disappointing, despite all of our efforts, that what was missing was the door-knocking, and you cant substitute TV for door-knocking so its very important to me that we continue that, Sanchez said, adding that she had already hired two field staffers and her campaign is going to be door-knocking every day and I will be out there as well.

You may remember that just four months ago, I ran for the Texas House here in Tarrant County and we had one of the strongest field programs in the whole state of Texas, said Bean, who also touts that she raised over $1 million in her November challenge to Krause, who won by 9 points.

Bean got one of the first major endorsements among Democratic candidates last week, unveiling the support of the Tarrant County AFL-CIO. Sanchez, meanwhile, launched with $100,000 raised and a list of 10 endorsements from across the district, and she has led the Democratic field in the two private surveys of the race that have surfaced so far, though large shares of respondents were undecided in each.

National Republicans are dismissive of Democratic ambitions in the district. In a statement for this story, a spokesperson for the National Republican Congressional Committee, Torunn Sinclair, said Democrats should be talking less about their laughable prospects in Texas 6th Congressional District and spending more time fixing the border crisis theyve created.

Still, some of the GOP candidates are not discounting how competitive it could be for Democrats, if only because it reinforces their campaign strategies. After Ellzey launched his campaign, he emailed supporters that he was running because he heard from people in the district that they dont want liberals taking away our voice in Congress.

I think the Democrats could flip this seat, Harrison said in an interview, putting an emphasis on could.

Theyre gonna throw everything at it, and thats why the Republicans absolutely have to rally for the strongest possible candidate in the field, Harrison added, pitching himself as the only contender with deep roots in the district, small-business experience here and a track record of going to Washington and making change.

Originally posted here:
Democrats have mixed outlooks for Texas Congressional District 6 election - The Texas Tribune

Florida Republicans bested Democrats in the blocking and tackling of running campaigns last year, leading to victories up and down the ballot for the GOP. Now the states top Democrat is bringing in outside help to prevent a repeat in 2022.

Florida Agriculture Commissioner Nikki Fried and the National Democratic Training Committee are announcing a new initiative to train local county Democratic leaders in organization and strategizing. The goal is to strengthen the Democrats closest to the voters and activists on the ground.

Organizing has historically been the Democratic Partys strong suit and after Floridas 2020 election results, its clear that an initiative to strengthen party efforts from the ground up, prioritizing the local level, will be crucial for future success, Fried, the states only statewide Democrat, said in a statement.

The training will take place over four sessions that will begin in April.

This series is the latest effort by Fried to help the party rebuild from the ground up. Fried recently announced the hiring of Abigayil Yisrael as engagement and outreach director for her political committee. Yisrael is coming off the successful campaign of Georgia Sen. Jon Ossoff, in which Democrats flipped the southern state blue to take control of the Senate.

This refocus on the ground will be a familiar tune to local county parties, who for years have heard such promises from state Democratic Party leaders only to watch them abandon those efforts as elections approach.

After widespread losses in 2018, Florida Democrats spent months assessing what went wrong and concluded that they needed to give more resources to local Democratic parties and engage with their activists all year, not just election season.

By the time the 2020 election rolled around, there was a steady drumbeat of angst and frustration from local Democratic leaders, who said they were being stepped on by national Democrats. Many sounded the alarm that Joe Bidens campaign wasnt doing enough to engage with Black and Latino Floridians and that these outside strategists didnt understand the intricacies of operating in such a large, diverse state.

The National Democratic Training Committee partners with labor unions, trade groups, state parties and progressive organizations. Its Florida series will focus on training local precinct committee people, membership recruitment and building a successful organization.

When our local party infrastructure is organized, we get more people involved, recruit more candidates and ultimately win more races. We are thrilled to be teaming up with Commissioner Fried to train Democratic leaders across the state, said Kelly Dietrich, founder and CEO of the National Democratic Training Committee.

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Florida Democrats lost the ground game in 2020. Training is on the way. - Tampa Bay Times

California Gov. Gavin Newsom speaks at a press conference in Los Angeles, Calif. | Mario Tama/Getty Images

SACRAMENTO Gov. Gavin Newsom's camp has one message for Democrats considering a California recall bid: Don't even think about it.

The mere hint of a candidacy draws immediate condemnation from Newsom attack dog Sean Clegg, while other Newsom surrogates are making clear publicly and privately that any Democratic challenger will become persona non grata in the party.

Minutes after POLITICO reported Tuesday that former Democratic presidential candidate Tom Steyer was surveying voters on his recall chances, Clegg tweeted that Steyer doesnt want to be the cynical, vulture-investing billionaire who bet against Democratic unity so Trump Republicans can take CA."

After former Los Angeles Mayor Antonio Villaraigosa called for California schools to reopen immediately amid talk of a potential candidacy, Clegg last week fired off a clear rebuke: My old friend Antonio will embarrass himself and forever poison his legacy if he runs, he wrote.

Thats how you lose," Clegg, a strategist for Newsom, said in an interview. We need to hold our base."

It is all but certain that California will have its second gubernatorial recall ever, likely this fall, based on an official state signature tally released last week. The state's unique recall system lends itself to a delicate intraparty dance. California asks two questions: first, do you want to recall Newsom, and second, who should replace him if the recall is successful? The rules don't allow Newsom to appear on that replacement list of contenders who would take his job.

As the prospect of a Villaraigosa candidacy gained steam in recent weeks, other Newsom allies tried to blunt that momentum. Former Assembly Speaker Fabian Nez declined to share his private conversations with Villaraigosa and stressed that he does not speak for the former mayor, but Nez predicted that at the end of the day, all of the Democratic establishment and Democratic activists are going to be on the side of Gov. Gavin Newsom.

We cant make the same mistake twice, Nez said, invoking the ill-fated entry of Democratic Lt. Gov. Cruz Bustamante in the 2003 recall won by Republican Arnold Schwarzenegger. I dont see Democrats repeating that exercise again.

If Democrats play their cards wrong and Newsom is recalled without a leading Democrat on the ballot as an option, a high-name ID Republican could take the top job with a quarter of the vote in one of the nations bluest states.

The only time I worry about a Republican [not] winning this seat is if one credible Democrat gets in, said Anne Dunsmore, who runs one of the recall committees that are on the verge of qualifying the election.

One Democratic lawmaker said this week that California's two-question approach needs an overhaul. "The crazy thing about our system is that many more people can vote to keep the incumbent in office than the person who ends up replacing the incumbent," said Sen. Ben Allen (D-Santa Monica).

The topic of a Democrat potentially getting into the race is the prevailing obsession among elected officials, donors and political consultants in California. There are two schools of thought. In one view, not running a backup candidate would be an unforgivable oversight that could allow a Republican to waltz into office with a plurality of the vote. In the other, a Democrats entry would signal weakness and disunity when Newsom needs his allies more than ever potentially ensuring the second question is necessary.

The dance around the recall forces California Democrats to balance two elemental political motivations: self-preservation and opportunism. Any ambitious Democrat who runs and fails would topple off the career ladder into political oblivion. No one has forgotten the implosion of Bustamante after he jumped into the 2003 race. But the recall also offers a tantalizing chance to leapfrog into the governors office.

For now, Democrats have projected unity behind Newsom. At event after event, Democrats seen as potential contenders have pledged their fealty to the governor and lambasted the recall as a partisan distraction.

The governors team has also sought to squelch a challenge from the left, reaching out to progressive California Democrat Rep. Ro Khanna to enlist the support of Sen. Bernie Sanders (I-Vt.) and rolling out an endorsement from Sen. Elizabeth Warren (D-Mass.). They're trying to signal that Newsom may have sometimes fallen short, but he is far superior to a Republican.

I made the case [to Sanders] that he really needed to weigh in, that this is a Republican attempt to take over California, Khanna said in an interview. I understand there may be some progressive disappointment in [progressive] goals not being achieved yet, such as single-payer, but this is the time we really need to unify against the recall.

Newsom remains in a relatively strong position, with an approval rating hovering around 50 percent far better than Gov. Gray Davis had before he was ousted by voters. Democrats contemplating a run are likely to wait and see where Newsom stands closer to a likely fall candidate filing deadline.

If Im wondering, Am I going to go sailing in 90 days? Im going to wait 89 days and see what the weather is, said Rob Stutzman, a Republican political consultant who worked for Schwarzenegger.

If Newsom cant muster a majority to fend off being recalled, a Democrat would enjoy powerful advantages on the second question of whom to replace the governor. California remains an overwhelmingly Democratic state.

The larger risk-benefit calculus could favor the entry of a Democrat who doesnt currently hold public office and thus has less to lose. Political observers are closely watching Villaraigosa, who lost to Newsom in the 2018 gubernatorial primary. Villaraigosa, a public affairs partner at Mercury, has name recognition and could activate a political support network in Los Angeles, a power base that would counterbalance Newsoms Bay Area roots.

The former mayor has been coy about his intentions, criticizing the recall without explicitly ruling out a run. But he has been an outspoken critic of continued school closures, a major liability for Newsom. Education policy was a dividing line in the 2018 primary, with charter allies spending millions to boost Villaraigosa and unions rallying to Newsoms defense.

Steyer also looms. The Democratic former presidential candidate has a long history of wading into California politics, no office to lose but considerable personal wealth to fund a campaign.

And there's always a nuclear option.

If polls suggest Newsom is in serious trouble as the recall draws closer, the governor could resign from office. That would allow Lt. Gov. Eleni Kounalakis to take over the job and short-circuit the recall tied to Newsom while undoubtedly raising the hackles of Republicans.

"In September, he could be doing great and well proceed," said Democratic political strategist Christine Pelosi, daughter of House Speaker Nancy Pelosi. "But if hes really underwater, it may be that no Democrat could win. Then, he should step down as governor and Eleni Kounalakis should be the governor, and they should cancel the election. In that case, the Democratic Party would retain the governorship."

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Newsom swats away Democratic challengers. Will his party live to regret it? - POLITICO