Tribes breathe a sigh of SCOTUS relief

From: POLITICO Playbook PM - Thursday Jun 15,2023 05:20 pm

Jun 15, 2023

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In a big and unexpected win for Native American tribes, the Supreme Court this morning upheld Indian Child Welfare Act. | AP

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Earlier … “Ted Cruz: Congress ‘doesn’t know what the hell it’s doing’ with AI regulation,” by Matt Berg and Rebecca Kern: “When asked about AI regulation … [Sen. TED] CRUZ said lawmakers should proceed cautiously and listen to experts — since most lawmakers don’t understand the technology.”

SCOTUS UPHOLDS ICWA — In a big and unexpected win for Native American tribes, the Supreme Court this morning upheld Indian Child Welfare Act, the nearly 40-year-old statute that focuses on preventing the separation of Native American children from their tribes and extended relatives.

The 7-2 decision, written by Justice AMY CONEY BARRETT, rejected a challenge to the law from non-native parents and the state of Texas, who alleged that the statute discriminated against potential adoptive families based on race.

“The issues are complicated,” Barrett writes, “But the bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.”

The law, enacted in response to concerns that Native American children were being taken from their families, gives priority to Native families and tribes in foster and adoption proceedings. Texas parents JENNIFER and CHAD BRACKEEN and their family disputed the statute after taking in a Native American boy, claiming the law violated equal protection principles under the 14th amendment; the state of Texas joined them, contending that the IWCA overrode states’ authority over family law cases.

Barrett commended the petitioners for their “creative arguments,” but ultimately dismissed them. Justices CLARENCE THOMAS and SAMUEL ALITO dissented, with Alito writing that the ruling “disserves the rights and interests” of Native children. Read the full opinion.

The reaction: In an interview with Anthony Adragna, Senate Indian Affairs Committee Chair BRIAN SCHATZ (D-Hawaii) said he was “totally surprised” by the ruling and praised a “very powerful” concurring opinion from Justice NEIL GORSUCH. Other Democrats joined him in hailing the ruling. More at Congress Minutes

BIENVENIDOS A SUAREZ — Miami Mayor FRANCIS SUAREZ’s official presidential announcement today on “Good Morning America” was less about the Republican's national aspirations and more about the federal charges facing GOP primary's top contender, DONALD TRUMP.

Suarez framed his candidacy around his track record as a mayor and his identity as a relatively young Cuban-American: “I think I have a different message than what other candidates have. I'm generational.” But things got awkward after GMA’s GEORGE STEPHANOPOULOS asked the candidate about the indictment.

“I want to talk about Miami,” Suarez replied. “I think if we continue to have a conversation about the former president, then the former president will be the nominee. I'm talking about me running for president.”

After Suarez dodged another question on what he thought of the president’s handling of classified information, Stephanopoulos pushed back, asking, “You read the indictment? I let you say why you're running for president. Answer that question.”

“Look, it's not what I would have done,” Suarez responded, without answering whether he thought the former president’s behavior was legal. "We should be talking about the issues that Americans care about. We shouldn't be talking about candidates being indicted.”

HACK ATTACK — “U.S. government agencies hit in global cyberattack,” by CNN’s Sean Lyngaas: “It was not immediately clear if the hackers responsible for breaching the federal agencies were a Russian-speaking ransomware group that has claimed credit for numerous other victims in the hacking campaign. … But the news adds to a growing tally of victims of a sprawling hacking campaign that began two weeks ago and has hit major US universities and state governments.”

Good Thursday afternoon. Thanks for reading Playbook PM. Drop me a line at birvine@politico.com.

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ALL POLITICS

2022 AUTOPSY — “Analysis: Lack of GOP gains among NV Latino voters boosted Cortez Masto in 2022,” by The Nevada Independent’s Gabby Birenbaum and Jannelle Calderon: “[W]hile ADAM LAXALT’s Senate campaign, in particular, engaged in heavy Spanish-language media spending and successfully boosted his name recognition among Latinos, [Sen. CATHERINE] CORTEZ MASTO was able to maintain an advantage through enormous outreach efforts, ginning up turnout among Latinos concerned about abortion, and winning over conflicted voters who remain convinced that the Democratic Party cares more about them despite having mixed views of both parties.”

The national picture: “While Republicans were able to maintain their 2020 inroads among Latino voters, they were unable to build on them. … While the GOP touted efforts to court Latino voters, battleground Latino voters in all states besides Florida reported seeing more outreach from Democrats than Republicans compared with previous years.” The Equis Research report

EYEBROW RAISE — Former Obama White House comms director and Hilary Clinton campaign alum Jennifer Palmieri wrote a flattering Vanity Fair profile of Michigan Gov. GRETCHEN WHITMER, casting her as future presidential timber. “Whitmer describes herself as a progressive Democrat, but observing her up close, I see her core ideology as getting shit done,” Palmieri writes. “The experiences Whitmer says have shaped her as a leader — being a single working mom, caring for the sick parent, dealing with harassing men — are unique to women and common to women. That these experiences are commonplace makes her relatable.”

Afternoon read: “Inside a conservative confab for young women, where feminism is a lie,” by WaPo’s Kara Voght

2024 WATCH

THE WRECKING BALL — “It’s not just Trump. Christie’s gunning for DeSantis, too,” by Sally Goldenberg: CHRIS “CHRISTIE isn’t on some kamikaze mission to take out the frontrunner. In fact, he isn’t sparing second-place candidate [RON] DeSANTIS at all. Instead, he’s trying to create space for other Trump rivals before the Florida governor further solidifies his second-place standing in the primary.”

RAMPING UP — “Top Biden campaign officials fanning out across the country to preview reelection effort,” by CNN’s Jeremy Diamond: “Biden campaign manager JULIE CHAVEZ RODRIGUEZ, her deputy QUENTIN FULKS and Democratic National Committee executive director SAM CORNALE are embarking Thursday on a cross-country tour to meet with top donors, local Democratic officials and other supporters in an effort to stir up enthusiasm and build fundraising momentum.”

WILD DYNAMIC — “Biden could lose first two ’24 contests to RFK Jr.,” by Axios’ Alex Thompson: President JOE “BIDEN is almost certain to be Democrats’ pick for president in 2024, but he might not win the first two contests of the primary season if they’re in the traditional first-to-vote states of Iowa and New Hampshire — a scenario that seems increasingly likely.”

BEYOND THE BELTWAY

ABORTION IN AMERICA — FiveThirtyEight’s Humera Lodhi and Ryan Best are up with a big-picture analysis of new abortion data, one year after the Dobbs ruling. Data from #WeChart shows that there were 24,290 fewer legal abortions between July 2022 and March 2023, compared to a pre-Dobbs baseline. “Underneath these topline trends, meanwhile, is a huge amount of variability by state. Some parts of the country, like the Northeast and the Pacific Northwest, have seen relatively small changes. But a handful of states bordering the large swath of the South where an abortion is almost impossible to obtain are absorbing large numbers of new patients.”

Related Read: “Documents show how conservative doctors influenced abortion, trans rights,” by WaPo’s Lauren Weber, Caitlin Gilbert and Taylor Lorenz

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POLICY CORNER

LIV OR LET DIE — “Justice Department to Investigate PGA Tour-LIV Golf Pact,” by WSJ’s Andrew Beaton and Louise Radnofsky: “The probe introduces uncertainty to the agreement between warring bodies that stunned the golf industry, which was already facing scrutiny under federal antitrust law.”

WHAT THE E-RING IS READING — Deputy Secretary of Defense KATHLEEN HICKS writes for POLITICO Magazine: “What the Pentagon Thinks About Artificial Intelligence”

TRUMP CARDS

CANNON FODDER — Kyle Cheney has the rundown of federal judge AILEEN CANNON’S work in previous criminal trials as she prepares to undertake the historic proceedings of Donald Trump’s most recent indictment. While most of Cannon’s previous experience has centered around routine criminal trials, one case stands out: “For nearly one-and-a-half years, she’s shepherded a complex, 10-defendant health care fraud case to the verge of trial. … If the case goes to trial this year, it’s likely to be the most significant criminal trial experience Cannon has had to date — and the protracted pretrial phase is a notable comparator for what may be to come in the Trump litigation.”

THE JUSTICE LEAGUE — NYT’s Jonathan Swan, Charlie Savage and Maggie Haberman are up with a deep dive on how some conservatives want to revisit the norms that have traditionally kept Justice Department decision-making independent of the president, and how that would play out should DONALD TRUMP return to the White House: “Two of the most important figures in this effort work at the same Washington-based organization, the Center for Renewing America: JEFFREY B. CLARK and RUSSELL T. VOUGHT. … They argue that U.S. presidents should not keep federal law enforcement at arm’s length but instead should treat the Justice Department no differently than any other cabinet agency.”

THE WHITE HOUSE

CONSUMER REPORT — “Biden targets junk fees with executives from Live Nation, SeatGeek and Airbnb,” AP: “President Joe Biden is hosting executives from Live Nation, Airbnb and other companies at the White House on Thursday to highlight his administration’s push to end so-called junk fees that surprise consumers.”

WAR IN UKRAINE

MARATHON MAN — Defense Secretary LLOYD AUSTIN spoke at NATO headquarters in Brussels today at the first meeting of allied defense ministers supporting Ukraine since the country launched its counteroffensive against Russia, WaPo’s Dan Lamothe, Emily Rauhala and Francesca Ebel report: “Austin, in opening remarks, pledged continuing support for Ukraine and praised allies who have stepped up to help. … ‘Throughout the Kremlin’s vicious war of choice, the Ukrainian forces have shown outstanding bravery and skill,’ Austin said. ‘And Ukraine’s fight is a marathon, not a sprint.’”

SUPPLY AND DEMAND — Despite long-standing curbs on weapon exports, Japan is considering supplying artillery shells to the U.S. to aid Ukraine in their counteroffensive against Russia, WSJ’s Alastair Gale scoops from Tokyo: “Japan is considering supplying 155mm artillery shells to the U.S. under a 2016 agreement … While the artillery-shells plan wouldn’t involve directly sending lethal weapons to the battlefield, it would still be politically sensitive in Japan, where many voters are uneasy about being ensnared in overseas conflicts.”

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PLAYBOOKERS

MEDIA MOVES — POLITICO is adding Dustin Gardiner as co-author of California Playbook and Melanie Mason as senior political reporter covering Los Angeles. Gardiner most recently has been at the S.F. Chronicle, and Mason most recently has been at the L.A. Times. Jeremy White is also moving to a new role as a senior reporter covering the California legislature. More from Editor-in-Chief Matt Kaminski and team

TRANSITIONS — Kaelan Dorr is now chief marketing officer at Valuetainment Media. He previously was global head of engagement at Gettr and is a Trump alum. … Brian Sylvester is now a partner in Perkins Coie’s food and beverage regulatory and litigation practices. He most recently was special counsel at Covington & Burling. … Laura Hernandez-Smith will be an account director at Rokk Solutions. She currently is comms director for Rep. Mario Diaz-Balart (R-Fla.).

OUT AND ABOUT — The National Confectioners Association hosted its annual summer soiree last night, celebrating June as National Candy Month, at Royal Sands Social Club. SPOTTED: John Downs, Christopher “Gindy” Gindlesperger, Brian McKeon, Courtney Clark, Ellie Portillo, Meredith Connor, Carlos Monje, Norm Ross, Stephanie Penn, Stacey Daniels, Kristina Peterson, Anna Palmer, Joe Maloney, Matthew Haller, Ben Jenkins, Colton Hotary, Donald Grady, Casey Clark, Natalie McIntyre, Grant Colvin, Anna Upton, Patrick O’Neill, Becca Durr, Eric Zulkosky and Kenny Roberts.

— On Tuesday night after the White House Juneteenth Concert, a post-concert celebration was hosted at The Park at 14th by Cameron Trimble, Keenan Austin Reed, Trey Baker and Paul Brathwaite. SPOTTED: CBC Chair Steven Horsford (D-Nev.), Reps. Joyce Beatty (D-Ohio), Jamaal Bowman (D-N.Y.), Troy Carter (D-La.) and Valerie Foushee (D-N.C.), Steve Benjamin, April Ryan, Claudia Jordan, DJ D-Nice, Patina Miller, Tisha Campbell, Larenz Tate, Kamau Marshall, Vinay Reddy, Ashley Etienne, Vince Evans, Erica Loewe, Samuel Negatu, Heather Foster, Michael Blake, Cory Horton, Gail Bean, Miracle Watts, J. Alphonse Nicholson, Shannon Thornton and Brandee Evans.

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