Biden to name Supreme Court pick by end of February

White House hails strong economic growth in 2021

Biden says he’ll name a new Justice in the coming weeks. The economy grew at the fastest yearly rate in 38 years. And a new facial ID process for the IRS starts to draw flak on the Hill. This is “Regular Order” for January 28, 2022.

SUPREME COURT. President Biden says he will make his selection to replace Justice Stephen Breyer within the next month. Speaking to reporters with Breyer at the White House on Thursday, Biden said he would 'ask the Senate to move promptly' on the confirmation process.

• BIDEN. "The person I will nominate will be someone with extraordinary qualifications, character, experience, and integrity, and that person will be the first Black woman ever nominated to the United States Supreme Court," Biden told reporters. It's a pledge Biden made during the 2020 campaign.

• MCCONNELL. As Breyer made his retirement official, Senate GOP Leader Mitch McConnell warned the President not to let the 'radical left' make his choice. "The American people deserve a nominee with demonstrated reverence for the written text of our laws and our Constitution."

• REMEMBER. Unfortunately, the Supreme Court process has sort of evolved into one where one side says their party's nominees fulfill the spirit of the Founding Fathers, while the other party backs choices who legislate from the bench and tear apart the Constitution. But that's where we are.

ECONOMY. The conventional political wisdom right now is that the economy isn't doing that well, as consumers grapple with higher prices and inflation, as well as supply chain issues caused by the virus outbreak. But economic growth in the U.S. for all of 2021 was 5.7 percent - the best showing since 1984.

• GDP REPORT. The latest numbers also indicate the economy was picking up steam in the fourth quarter of 2021 - with an annual growth rate of 6.9 percent. "Most forecasters expected the economy to grow 3 to 4 percent this year," said Jason Furman, a top economic adviser to President Obama.

• HEADLINES. If not for inflation and higher prices, President Biden would have a lot to trumpet. Strong economic growth. Historically low jobless rate. A strong year of job growth. But he's struggling to get his message across. “America is on the move,” Biden said Thursday.

Zeke Miller @ZekeJMiller

WASHINGTON (AP) — US economy grew 6.9% last quarter and 5.7% for all of 2021 in sharp rebound from pandemic recession of 2020.

CONGRESS. Republicans dutifully steered around the new GDP numbers, and kept their focus on higher prices and inflation. "Keep an eye out at your grocery store," said Sen. Roger Marshall (R-KS).

• DEMS. Democrats were a bit more excited. "When you combine the American Rescue Plan and the Bipartisan Infrastructure Law, you get the #BidenBoom," tweeted Rep. Tony Cardenas (D-CA).

BUILD BACK BETTER. Liberal Democrats in the House are calling on the Senate to approve the President's Build Back Better package by March 1. "This is both achievable and necessary," Rep. Pramila Jayapal (D-WA), the chair of the House Progressive Caucus, said on Thursday.

• MARCH 1. What is the significance of March 1? That's when President Biden is scheduled to give his State of the Union Address - and it would obviously make a good point to celebrate another legislative victory.

• LET'S MAKE A DEAL. But unless there is a sudden burst of deal making among Democrats - specifically involving Sen. Joe Manchin (D-WV) - it's hard to see how the Senate will act on Build Back Better by March 1.

• SCHEDULE. The Senate is scheduled to work the next three weeks, and then be off for ten days from February 17-27 - returning the day before the State of the Union. That doesn't sound like a schedule which nets a Build Back Better vote. But stay tuned.

IRS. From time to time, a story pops up which you immediately know has the chance to create all sorts of controversy on Capitol Hill - especially when it involves the Internal Revenue Service. And I think this one might fit the bill.

• FACE SCAN. Reaching critical mass this week was a story about how Americans will have to use facial match technology in order to confirm your identity online, so you can use certain government websites - like for the IRS. But it sparked criticism from outside groups and Republicans.

• ONE OR MANY. At issue is whether the company (ID.me) is comparing your online video image to your photo on a government ID - or - are they comparing your selfie to a giant database of photos. That second option freaks out privacy groups, fearing the tentacles of government surveillance.

• REACTION. "Is there anyone who would actually trust the government to use this technology wisely?" asked Rep. Jim Jordan (R-OH). "This is deeply troubling for a number of reasons,” the ACLU said this week. When Jim Jordan and the ACLU are on the same side, my advice is - watch this story.

JANUARY 6. For the first time, a federal judge has specifically rejected a claim by allies of Donald Trump, that the special January 6 committee is illegitimate. Citing the rules of the House - which specifically give the Speaker the power to appoint all members of select committees - Judge David Carter said 'the Select Committee is properly constituted.'

• PARLIAMENTARY NERD NOTE. The rules are pretty clear on the membership of a select committee. "The Speaker shall appoint all select, joint, and conference committees ordered by the House." This panel was created by a vote of the full House. Case closed.

• PURPOSE. The other attack line from Republicans has been that the panel has no 'legitimate legislative purpose' for the investigation. The judge turned aside that contention, ruling 'there are numerous legislative measures' which could be taken by Congress as a result of this probe.

• EASTMAN. The ruling was part of a challenge by John Eastman, who wrote a memo for Trump outlining how Vice President Pence could throw the election to Trump by blocking certain electoral votes. Eastman is fighting a subpoena to his former employer, Chapman University, for emails related to his work for Trump.

OLYMPICS PREP. Imagine if you were getting ready to compete in the Winter Olympics in China. You would be very much focused on your final days of training, your travel, your COVID precautions, and more. But Republicans also want you to get a State Department briefing.

• HUMAN RIGHTS. "U.S. athletes deserve to be informed of the full breadth of the CCP’s atrocities and malign actions before competing, including the ongoing genocide, the suppression of democracy and dissent, and the attendant risks they face in China," a GOP group wrote to the Secretary of State.

• LETTER. You can read the letter at this link. Look for Republicans to try to talk a lot about this during the Olympics - and to take jabs at NBC's coverage of the games as well. Opening ceremonies are on February 4.

CHINA. It's easy for lawmakers to say they want to get tough on China, but finding agreement on the best way to confront Beijing is not as simple. We've seen that again this week with the unveiling of a new China competitiveness bill. That's my column this week for the Atlanta Journal-Constitution.

DARPA. From time to time, I like to check in at the Pentagon on the work of the Defense Advanced Research Projects Agency (DARPA), which is engaged in futuristic military solutions. One recent challenge is this - how can you come up with a way to feed soldiers in remote settings without packing food supplies?

• CORNUCOPIA. Named for the classic 'horn of plenty,' the Cornucopia program at DARPA envisions producing 'palatable food from microorganisms such as bacteria, microalgae, and fungi.' To quote one guy in my freshman college dorm, the food needs to be 'nutritious and delicious.' Read more about it from DARPA.

MUSE OF HISTORY.  January 28, 1867.  On this date, President Andrew Johnson vetoed a bill to admit Colorado as a state, mainly because of a conflict between Congress and the Territorial government on whether blacks could vote.  Over the veto of the Governor, the Colorado legislature had approved a law blocking negroes and mulattoes from voting.  Congress wanted to overturn that - and Johnson argued that was the problem.  "It certainly can not be the purpose of Congress to force upon a community against their will a government which they do not believe themselves capable of sustaining," he wrote.  In part because of the battle over the voting rights of blacks, Colorado would not become a state for another nine years. 

LEGISLATIVE PROGRAM:

The House next has votes on Tuesday.

The Senate next has votes on Monday.

President Biden’s daily schedule link.

Follow me on Twitter @jamiedupree. Email me at jamiedupree@substack.com

See the full Regular Order archive.