The Hill’s 12:30 Report — Supreme Court wraps up divisive term

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–> A midday take on what’s happening in politics and how to have a sense of humor about it.*

*Ha. Haha. Hahah. Sniff. Haha. Sniff. Ha–breaks down crying hysterically.

NEWS THIS MORNING

The EPA has to take a step back

The Supreme Court ruled to limit the Environmental Protection Agency’s (EPA) ability to regulate climate change.

The ruling: 6-3

The majority opinion’s reasoning: “The justices determined that Congress did not authorize the EPA to induce a shift toward cleaner energy sources using the approach that an Obama-era regulation sought to.”

What this means, from The Hill’sRachel Frazin 

 ‘THE CASE IS A CRUCIAL MOMENT IN THE G.O.P. DRIVE TO TILT COURTS AGAINST CLIMATE ACTION.’:

From the New York Times’s Coral Davenport 

But the court sided with Biden on immigration

“The Supreme Court ruled for the Biden administration Thursday in a dispute over a Trump-era immigration policy that requires U.S. asylum-seekers at the southern border to wait in Mexico while their applications are processed.”

The ruling: 5-4

Back story: “Former President Trump’s ‘Remain in Mexico’ policy, enacted in 2019, has remained in effect under President Biden despite his Department of Homeland Security’s (DHS) effort to end it. Lower courts, in response to a red-state legal challenge, have blocked DHS’s two attempts to unwind the policy. Under Trump, more than 70,000 asylum-seekers were returned from the U.S. to Mexico.”

More context from The Hill’s John Kruzel 

HERE’S A LIST OF THE MAJOR SUPREME COURT DECISIONS THIS YEAR
From The New York Times’s Adam Liptak and Jason Kao

And we have a new Supreme Court justice:

Ketanji Brown Jackson was sworn in as a Supreme Court justice after Justice Stephen Breyer formally retired.

Who administered the oath?: Chief Justice John Roberts 

Tidbit from ABC’s Libby Cathey: “Her joining the court also will make it the first time four women will sit on the high court bench at the same time.”

IT’S THURSDAY BEFORE THE HOLIDAY WEEKEND! I’m Cate Martel with a quick recap of the morning and what’s coming up. Did someone forward this newsletter to you? Sign up here.

📍 In Madrid

Filibuster, schmilibuster

President Biden held a press conference this morning to conclude the NATO summit in Madrid.

On abortion rights: Biden called for an exception to the filibuster in order to codify federal abortion rights.

In Biden’s words: “The most important thing to be clear about is I believe we have to codify Roe v. Wade in the law, and the way to do that is to make sure the Congress votes to do that. … And if the filibuster gets in the way, it’s like voting rights, it should be we provide an exception for this, requiring an exception to the filibuster for this action to deal with the Supreme Court decision.”

🔎 Jan. 6

Stephen Bannon doesn’t love the spotlight

Former Trump adviser Stephen Bannon has asked for his trial over contempt of Congress to be delayed because of all the attention the Jan. 6 hearings have gained.

Timing: The trial is scheduled for July 18. Bannon’s lawyers are requesting it be moved to Oct. 25.

From Bannon’s attorneys: “Public impact is not limited to the hearings themselves, but to the media coverage that magnified the hearings. In Washington, DC, where trial will take place — and where the acts alleged in the Indictment took place — every major media outlet treated the hearings as a top news story.” What we know 

The investigation is getting closer and closer to Trump

Via The Hill’s Rebecca Beitsch and Harper Neidig, “The same-day searches of lawyers John Eastman and Jeffrey Clark indicate the Department of Justice (DOJ) is scrutinizing former President Trump’s closest allies in his 2020 election schemes.”

Who is Eastman?: “Eastman was a Trump campaign attorney who drafted memos suggesting former Vice President Mike Pence had the legal authority to buck his ceremonial duties to certify the election results.”

And what is Clark’s role?: “Trump was prepared to install Clark, a DOJ lawyer, to forward investigations into his baseless claims of election fraud.”

When were their houses raided?: The FBI raided Clark’s home in Virginia on June 22, followed by a search of Eastman’s home in New Mexico that same day.

What we know about the raids

 TIDBIT — ADAM KINZINGER IS NOT HAPPY WITH THE DOJ:

Rep. Adam Kinzinger (Ill.), one of the two Republicans on the Jan. 6 committee, says he is “frustrated” with the pace of Justice Department’s indictments of the Jan. 6 investigation.

🏛 In the Supreme Court 

Where do Democrats stand on expanding the court?

“The Supreme Court’s ruling striking down Roe v. Wade, along with other decisions this term that infuriated Democrats, are fueling a fresh round of calls to reform the court.”

But Democratic lawmakers aren’t on board so far: “Democratic lawmakers are largely steering clear of such talk for fear of looking radical ahead of a midterm election where the strategy is to paint Republicans as extremists.”

A small number of senators are pushing for expanding the court — for example: “Sen. Ed Markey (D-Mass.), a leading Senate progressive, on Tuesday seized on the court’s recent decisions to renew his call to expand the court.”

And his colleague from Massachusetts also wants court reforms: “Sen. Elizabeth Warren (D-Mass.) on Tuesday also called for the abolition of the Senate filibuster to make it easier to reform the court.”

Where other Democrats stand, via The Hill’s Alexander Bolton

🗳 2024 talk 

Murmur, murmur, mur-Hillary Clinton-mur, murmur:

“The overturning of Roe v. Wade by a Supreme Court that includes three judges nominated by Donald Trump, along with devastating Tuesday testimony to the Jan. 6 panel about the former president’s temper tantrums as a mob attacked the Capitol, have Clinton and her allies seeing new vindication in her 2016 warnings about the mistake of electing Trump.”

^ Which leads some to wonder: If Clinton could run for a third time.

From one former aide: “This moment couldn’t be better for her. Everything she warned us about has happened, just as she said.”

How this could play out, via The Hill’s Amie Parnes 

 TIDBIT — TRUMP ISN’T OPPOSED TO RUNNING WITH RON DESANTIS
In an interview with Newsmax, former President Trump said he has a good relationship with Florida Gov. Ron DeSantis (R) when asked about the possibility of sharing a 2024 presidential ticket.

In Trump’s words: “Well, I get along with him. I was very responsible for his success, because I endorsed him and he went up like a rocket ship.”

Where DeSantis stands: “While DeSantis has played off speculation about a 2024 presidential bid as a false narrative, he’s also declined on multiple occasions to rule out a run, even if Trump ultimately decides to launch a comeback campaign.” The full story from The Hill’s Max Greenwood

🦠 Latest with COVID

 BY THE NUMBERS 

Cases to date: 87.1 million

Death toll: 1,012,166

Current hospitalizations: 27,346

Shots administered: 593 million

Fully vaccinated: 66.9 percent of Americans

CDC data here.

🐥Notable tweets

Omg, this lunch looks vile:

Presidential historian Michael Beschloss tweeted, “Nixon’s last lunch at White House, 1974. Record shows that although he was leaving Presidency against his will, he did not throw this plate at the wall.” Photo of Nixon’s last White House lunch

On tap

The House and Senate are out. President Biden is on his way back to Washington, D.C. Vice President Harris is in California.

  • 4 a.m.: Biden attended a meeting of the North Atlantic Council Session No. 3.

  • 9:40 a.m.: Biden left for Washington, D.C.

  • 5:40 p.m.: Biden returns to the White House.

  • 6:35 p.m.: Harris speaks at a Democratic National Committee (DNC) finance reception in Los Gatos, Calif.

  • 9:15 p.m.: Harris speaks at a DNC reception in San Francisco.

  • 10:20 p.m.: Harris flies to Los Angeles.

All times Eastern.

📺What to watch

  • 8 a.m.: Biden held a press conference in Madrid, Spain. Livestream

🍹 In lighter news

Today is National Mai Tai Day!

This sounds like the start to a ‘Stranger Things’ plot

Via WPVI-TV, a vintage Burger King was found behind a wall at a mall in Wilmington, Del.

How have others not seen it?: “The relic is located on the first floor of the mall, and is only accessible via a key from a staffer. So, it’s not visible to those passing by.”

Footage of the old Burger King found behind a wall 

Photo of the old BK 

And to brighten your Thursday afternoon, here’s a dog auditioning for Pixar.

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