The Hill’s Morning Report – Jackson vows ‘adherence to precedent’ if confirmed

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Ketanji Brown Jackson told members of the Senate Judiciary Committee on Monday a bit more about her upbringing than about her view of the law and more about America’s ideals than about her approach to remedying the country’s mistakes under its laws and the Constitution.

 

“I know that my role as a judge is a limited one — that the Constitution empowers me only to decide cases and controversies that are properly presented. And I know that my judicial role is further constrained by careful adherence to precedent,” she said (The Washington Post).

 

The first Black woman to be nominated to the Supreme Court, a wife and mother of school-age children at age 51, a standout federal judge with a perfect-on-paper résumé, Jackson is widely expected to be confirmed by the Senate to succeed Justice Stephen Breyer before he retires this summer. Her presence on the minority side of the conservative bench will not shift the court’s power dynamic, but her history-making story would speak volumes as the court’s newest among the female justices who were nominated by Democratic presidents.

 

In brief remarks delivered late in the afternoon, Jackson told senators she would adopt a “neutral stance” if confirmed and promised to deliver expansive, “transparent” opinions so that “each litigant knows that the judge in their case has heard them, whether or not their arguments prevail” (The New York Times). Questioning by senators begins today (The Associated Press).

 

Republicans don’t have the votes to stop President Biden’s nominee from being confirmed — but they hope to use her confirmation process to advance their political war against Democrats, with an eye to the midterm elections, writes The Hill’s Niall Stanage in his latest Memo. The hearings are expected to conclude this week and Democrats hope for a Senate vote before Easter.

 

The New York Times: Jackson has passed the Senate’s confirmation test three times before.

 

Sen. Josh Hawley (R-Mo.) said on Monday he will not be deterred and plans to ask Jackson in detail about her rulings in cases related to child pornography during Judiciary Committee confirmation hearings this week. “I think there’s a lot to talk about there and I look forward to talking about it,” Hawley said, focusing anew on a line of inquiry he first raised on Twitter. Some Republicans suggest Biden’s nominee to the high court is soft on crime (The Hill). 

 

As The Hill’s Alexander Bolton reports, Hawley, a potential presidential contender in 2024, asserts that Jackson, then a federal district judge, imposed sentences in 10 child pornography cases less stringent than federal sentencing guidelines and recommendations by prosecutors. The White House says Hawley’s arguments are misrepresented, while Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) said the claims “aren’t true.”

 

The Hill and The New York Times: Associate Justice Brett Kavanaugh’s 50-48 confirmation in 2018, and all the partisan drama that went with it, cast a long shadow over this week’s Judiciary Committee proceedings.

 

*****

 

UKRAINE CRISIS: European Union nations are split over how to approach a new batch of sanctions against Russia’s energy sector as some nations worry that they are unable to support an embargo due to their dependence on Russian oil.

 

The EU has already slapped Moscow with hefty economic sanctions but has yet to move forward with any sort of embargo on Russian oil because 40 percent of its oil imports come from the nation that has invaded Ukraine. The lack of agreement has angered some in the 27-nation group who want to severely punish Russia for starting the war (The Wall Street Journal). 

 

“Why should Europe give Putin more time to earn more money from oil and gas? More time to use European ports? More time to use unsanctioned Russian banks in Europe? Time to pull the plug,” Lithuanian Foreign Minister Gabrielius Landsbergis tweeted.

 

According to Reuters, the EU is hopeful to impose a ban on Russian oil by June, with Germany and the Netherlands indicating that they cannot move forward with that action at the moment. 

 

The Hill: White House meets with oil, bank, other companies about Russia invasion.

 

Bloomberg News: Oil thirst is forcing Biden to pivot U.S. back to Saudi Arabia.

 

The Hill: Biden, European leaders discuss Russian attacks on civilians.

 

The lack of unity comes as Russia continues its assault on Mariupol, with Ukraine refusing to surrender the important port city after more than three weeks of constant battle over the key area. It is unclear how close a full Russian capture of the city might be (The Associated Press). 

 

However, there was positive news for the embattled nation as Ukrainian forces pushed the Russians out of Makariv, a suburb of Kyiv, according to Ukraine’s defense ministry. It marks a key win for Kyiv as it gives them control of a key highway and blocks Russian troops from surrounding the capital city from the northwest (The Associated Press).

 

CNN: Who is Russia’s top field commander in Ukraine? The U.S. isn’t sure.

 

The Associated Press: Ukraine refugee exodus surpasses 3.5 million.

 

CNN: Imprisoned Alexei Navalny found guilty in Russia of fraud, faces 13-year sentence.

  

Introducing NotedDC: The Hill’s curated commentary on the beat of the Beltway. Click here to subscribe to our latest newsletter. 

 

LEADING THE DAY

 

POLITICS: It was not a good start to the week for the Senate campaign of former Missouri Gov. Eric Greitens (R), whose ex-wife accused him of physically abusing her in new court records that were unveiled on Monday. 

 

Sheena Greitens, the former governor’s ex-wife, said in a sworn affidavit as part of a child custody dispute between the two that Greitens, a top candidate to replace outgoing Sen. Roy Blunt (R-Mo.), exhibited “unstable and coercive behavior” and that actions were taken to curtail his access to firearms. The ex-wife, who filed for divorce after the scandal that led to his gubernatorial resignation in 2018, is seeking to move the custody case to the Austin, Texas, area, where she lives with her children (The Hill).

 

In a statement, Greitens called the allegations “completely fabricated” and “baseless.” He too is seeking full custody. 

 

The development comes at a precarious time for his campaign months ahead of the Aug. 2 primary. Greitens is considered the favorite in the clubhouse to win the endorsement of former President Trump in the race, having met with him in recent weeks. The former governor is also one of the few Senate GOP candidates to call for Senate Minority Leader Mitch McConnell’s (R-Ky.) ouster, helping his case in Trump’s eyes. 

 

Greitens has led in nearly every poll over the expansive GOP primary field, but concerns have mounted for months over his viability in a general election contest due to allegations of sexual misconduct that led to his ouster from the governor’s mansion in Springfield four years ago. 

 

Top Missouri politicians and his campaign rivals almost universally called for him to end his campaign (The Hill). 

 

“If you hit a woman or a child, you belong in handcuffs, not the United States Senate. It’s time for Eric Greitens to leave this race,” said Hawley, who has endorsed Rep. Vicky Hartzler (R-Mo.) in the primary. 

 

Sen. Rick Scott (Fla.), the chairman of the Senate GOP’s campaign arm, told reporters that the allegations are “pretty disturbing” and called on Trump to take a “pause” before issuing an endorsement (The Hill). However, he did not call for Greitens to drop out, saying that Show Me State voters “are going to make a good decision.”

 

The Hill: Republicans ramp up support for candidates snubbed by Trump.

 

Hanna Trudo, The Hill: Progressives in odd spot on Russian war.

  

➤ RIP: Speaker Nancy Pelosi (D-Calif.) announced Monday that the late Rep. Don Young (R-Alaska), the longest-serving House member until his death on Friday, will lie in state in National Statuary Hall on March 29. 

 

According to Pelosi’s office, there will be a formal ceremony to honor the Alaska Republican that morning, followed by a viewing for members of Congress. As The Hill’s Cristina Marcos notes, only 18 other House members have been granted the rare honor of lying in state in the Capitol, either in Statuary Hall or the Capitol Rotunda. Young had served as Dean of the House since 2017.

 

The Hill: Democrats turn to state parties to personalize appeals to voters.

 

IN FOCUS/SHARP TAKES

 

CORONAVIRUS: Total U.S. coronavirus deaths reported each morning this week: Monday, 971,162; Tuesday, 972,634.

 

The Biden administration on Monday continued lobbying Congress publicly to move quickly to resolve a debate about how much and in what form to provide additional federal funding to cover COVID-19 responses and preparations. Congress should pass $22.5 billion in new funding supported by Biden, or specify in detail other federal appropriations that lawmakers would cut in order to cover new pandemic costs, officials told Republicans (The Associated Press).

 

➤ Do we need fourth doses of COVID-19 vaccines as immunity wanes with time and the BA.2 subvariant of omicron spreads? The booster-boost question comes before an expert advisory panel of the Food and Drug Administration on April 6 (The Hill).

 

➤ AstraZeneca says its COVID-19 antiviral drug Evusheld, which has already been granted an emergency use authorization by the FDA as a pre-exposure prophylaxis for adults and some children, neutralizes omicron variants (The Hill).

 

➤ U.S. physicians say they are encountering hurdles with patients who could be helped to stay out of hospitals when they contract COVID-19 infections if treated with either Pfizer’s Paxlovid tablets or Merck’s molnupiravir capsules within five days. Their patients sometimes dismiss early symptoms of illness, avoid testing or are unaware that effective treatments in pill form now exist (The Associated Press).

 

➤ Amid intense backlash, Hong Kong announced Monday that it will relax pandemic restrictions, including flight bans imposed on travelers from certain countries and quarantine time for travelers who test positive for COVID-19 or have close contact with those infected (The Hill).

 

OPINION

 

Why can’t the West admit that Ukraine is winning? by Eliot A. Cohen, contributing writer, The Atlantic. https://bit.ly/37IKbdz 

 

A new COVID-19 wave may be coming. Most Americans shouldn’t worry, by Leana S. Wen, contributing columnist, The Washington Post. https://wapo.st/3tu14Bm 

 

WHERE AND WHEN

 

The House meets on Thursday at 1 p.m. for a pro forma session.

 

The Senate convenes at 10 a.m. and resumes consideration of the America COMPETES Act of 2022. The Judiciary Committee continues confirmation hearings for Supreme Court nominee Jackson. The Foreign Relations Committee holds a closed hearing at 2:15 p.m. to get an update on nuclear negotiations with Iran.

 

The president will receive the President’s Daily Brief at 10:15 a.m. He has no public events on his schedule.

 ​​

The White House daily press briefing is scheduled at 1 p.m. and will include national security adviser Jake Sullivan. 

 

Hill.TV’s “Rising” program features news and interviews at http://digital-staging.thehill.com/hilltv and on Facebook at 10:30 a.m. ET. Also, check out the “Rising” podcast here.

 

ELSEWHERE 

  

➜ U.S. ECONOMY & RISKS: The Federal Reserve won’t hesitate to raise interest rates at a faster than typical pace to curb inflation, Chairman Jerome Powell said Monday. That means Fed interest rate hikes envisioned seven times this year could go beyond quarter-point increments, depending on economic and inflationary conditions. Powell, during a Washington speech, made clear the central bank will not wait for supply chains to normalize or other shocks to fade before raising rates and pulling back on the Fed’s stimulative stance (The Hill). … Meanwhile, companies would be required to disclose the greenhouse gas emissions they produce and how climate risks affect their business under new rules proposed Monday by the Securities and Exchange Commission and open for public comment and possible modification (The Associated Press). … U.S. critical infrastructure entities are ignoring alerts from federal agencies to fix known problems in software that could be exploited by Russian or other cyber criminals to the detriment of the country, companies and consumers, warned the Biden administration on Monday. The White House message: Wake up, be warned, act now. “We continue to see adversaries compromising systems that use known vulnerabilities for which there are patches,” said Anne Neuberger, the president’s deputy national security adviser for cyber and emerging technologies. “That makes it far easier for attackers than it needs to be” (The Associated Press).

 

➜ AIR CRASH: A Boeing 737-800 airliner operated by China Eastern Airlines crashed in southern China on Monday, likely killing all 132 passengers on board (The Hill). China Eastern Airlines Flight MU5735 was traveling from Kunming, the capital city of Yunnan province, to Guangzhou, the capital city of Guangdong, made a steep vertical descent of 25,000 feet in under two minutes and crashed in a remote area near the city of Wuzhou in the Guangxi region. It marks the worst flight disaster in the country in nearly a decade (The Associated Press). The investigation to determine the cause will be led by the Civil Aviation Administration of China, assisted by the U.S. National Transportation Safety Board. Boeing, the engine manufacturer, CFM, and the Federal Aviation Administration will also be involved in the probe (CNN).

  

➜ CONSUMER PROTECTION: ​​Washington, D.C., Attorney General Karl Racine (D) said in a lawsuit on Monday that Grubhub exploited local restaurants and violated consumer protection laws through hidden fees and “misleading” marketing tactics during the pandemic. Racine alleged the delivery service app ran promotions that falsely claimed to help struggling restaurants in March and April 2020, failed to disclose that prices were higher in the app than at restaurants, listed restaurants that did not sign up for the platform, and misleadingly advertised “free” online ordering (The Hill). 

 

THE CLOSER

 

And finally … In Ukraine, devoted zookeepers and animal caretakers are putting themselves at risk to try to find sufficient food, water and supplies to tend to frightened animals trapped in a war zone for nearly a month.

 

If you saw the 2017 film “The Zookeeper’s Wife,” based on actual events in World War II Poland, it’s not hard to imagine Ukraine’s zoological plight.

 

A petting zoo, “Park XII Months,” located north of Kyiv, in which some creatures have begun to die, has asked for a humanitarian corridor and assistance to evacuate animals or bring food for those that are difficult to transport (The Independent).

 

The Mykolaiv Zoo in Ukraine’s maritime city pleaded on Facebook this month for international support to help keep its animals alive after most of its staff evacuated or joined the military to fight against Russian forces. The zoo director suggested people buy e-tickets as a way to offer financial backing as the shelling rages on and supplies run low (HuffPost). Ukraine’s Ministry of Foreign Affairs has released photos of terrified, hungry zoo animals caught in the wartime conditions (The Sun).

 

Ukraine’s zoo in Odessa has also become a de facto animal shelter for pets left behind by families who have fled as refugees (CBS News).

 

The Kiev Zoo located in Ukraine’s capital is known as the home of Horace the petrified 17-year-old Asian elephant, who was featured in The Washington Post a few weeks ago as the zoo’s director, Kyrylo Trantin, explained the sedatives needed to calm the elephant because of the loud explosions. “They have no space to hide or run,” Trantin said of the largest animals under his supervision. Early in March, around 50 staff members moved into the zoo to care for the animals around the clock, bringing some family members with them.

 

Zoo Miami in Florida last week joined a growing list of zoos and other zoological institutions worldwide trying to offer financial support to Ukraine’s zoos through an emergency relief fund created by the European Association of Zoos and Aquaria, which accepts individual donations. Other U.S. zoos making similar contributions include Zoo Tampa in Florida, Dallas Zoo in Texas and the Fresno Chaffee Zoo in California, according to the association (Miami Herald).

 

Morning Report is created by journalists Alexis Simendinger and Al Weaver. We want to hear from you! Email: asimendinger@digital-staging.thehill.com and aweaver@digital-staging.thehill.com. We invite you to share The Hill’s reporting and newsletters, and encourage others to SUBSCRIBE!