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Rick Plant:
Biden set to surpass Trump in first-year judicial nominees; a window into a major Democratic push



President Joe Biden on Wednesday announced his latest wave of nine judicial nominees, capping a year where the selections -- and an effort to establish an imprint on the federal courts -- served as a focal point for his administration.

Biden announced his intent to nominate nine district court nominees, bringing the administration's total for the year to 73 -- one more than former President Donald Trump nominated in his first year in office.

Among the nominees Biden announced his intent to name are Jessica G.L. Clarke, the chief of the New York Attorney General's Civil Rights Bureau since 2019, for the Southern District of New York. He will also nominate Sherilyn Peace Garnett, a former prosecutor and current California Superior Court judge, for the Central District of California.

For Biden and other Democrats, the filling of federal judicial openings took on a new level of significance in the wake of the historically successful push by Trump and Senate Republicans. Biden pledged during his presidential campaign not only to make nominations a priority, but also to pursue nominees who brought both personal and professional diversity to the bench.

"These choices also continue to fulfill the President's promise to ensure that the nation's courts reflect the diversity that is one of our greatest assets as a country -- both in terms of personal and professional backgrounds," a White House official said in a statement.

Biden's efforts have been closely coordinated with Senate Democrats and have resulted in 28 confirmations, with at least two other nominees expected to win confirmation before the end of the year. That number also exceeds Trump's first year in office, which has served as an unofficial benchmark of sorts for an administration keen on emphasizing its focus on the courts.

Trump's success marked a cornerstone achievement for then-Senate Majority Leader Mitch McConnell, a Kentucky Republican, and elevated the issue among Democrats, who saw the balance of courts from the Supreme Court on down reshaped before Trump's 2020 reelection defeat.

To this point, Biden has not faced a Supreme Court opening, though Democrats have closely watched his selections as potential steps toward who he would pick should one occur.

Biden's first-year nominees have led to the confirmation of nine circuit court judges, including Lucy Koh, who was confirmed this week by the Senate for the 9th US Circuit Court of Appeals.

The confirmations underscore the effort to fill critical appeals court openings, which are viewed as exceedingly important in the effort to shape the second-highest courts in the country.

An 11th circuit court confirmation -- for Jennifer Sung, also for the 9th Circuit -- is expected to clear the Senate on Wednesday, as is the confirmation of Samantha D. Elliott to be a US district court judge for the District of New Hampshire.

But in a 50-50 Senate controlled by Democrats, time is of the essence for the White House with the midterm elections looming less than a year away.

Senate Majority Leader Chuck Schumer, a New York Democrat, has made clear that processing and confirming judicial nominees is a priority on the Senate floor. Senate Judiciary Chairman Richard Durbin, an Illinois Democrat, has echoed that emphasis in his committee.

Beyond the numbers themselves, Biden's final group of nominees for the year underscores what has become a model of sorts for his selections in a push to diversify the ranks of the federal judiciary.

The President's selections have included 53 women, making up 73% of all judicial nominees, as well as 20 African Americans, 15 Hispanics and 13 Asian American Pacific Islander picks.

They also include 21 public defenders, 16 civil rights lawyers and five labor lawyers, as the administration has sought to elevate nominees with more diverse professional backgrounds.

The other district court picks are:

Hector Gonzalez, a partner at Dechert LLP, for the US District Court for the Eastern District of New York.

Kenly Kiya Kato, US magistrate judge for the Central District of California, for the US District Court for the Central District of California.

Nina Morrison, senior litigation counsel at the Innocence Project, for the US District Court for the Eastern District of New York.

William S. Pocan, the deputy chief judge of the Milwaukee County Circuit Court, for the US District Court for the Eastern District of Wisconsin.

Jennifer L. Rochon, general counsel of the Girl Scouts of the United States of America, for the US District Court for the Southern District of New York.

Fred W. Slaughter, California Superior Court judge, for the US District Court for the Central District of California.

Sunshine Suzanne Sykes, California Superior Court judge, for the US District Court for the Central District of California.

https://www.cnn.com/2021/12/15/politics/biden-judicial-nominations-trump/index.html

Rick Plant:
Biden Administration Releases $2.9 Billion in Infrastructure Funds to Remove Lead Pipes

The Biden administration announced plans on Thursday to eliminate lead from the nation's drinking water with an infrastructure bill that would dedicate $2.9 billion to the removal of lead pipes.

White House officials reported that an estimated 10 million U.S. homes receive water via lead pipes. Lead from these pipes has been known to seep into drinking water, poisoning people in places such as Flint, Michigan.

According to the World Health Organization, lead poisoning, even in smaller quantities, can be especially dangerous to children, as it can affect brain development and cause behavioral changes, along with a host of other health complications.

"There is no reason in the 21st century for why people are still exposed to this substance that was poisoning people back in the 18th century," Vice President Kamala Harris said in remarks delivered Thursday.

The administration has a 10-year goal of replacing every lead service line in the country. Harris added that doing so would help create jobs.

The Environmental Protection Agency (EPA) is not set to finalize its requirements for reaching the goal until 2024, which some environmentalists worry could be too little, too late.

Erik Olson, senior strategic director of health at the Natural Resources Defense Council, said the administration needs to be more specific on its plan to remove the pipes.

"The top priority must be to require removal of all lead pipes within the decade and to set a strict at-the-tap standard, which is the only way to prevent another generation of kids from drinking water through what is essentially a lead straw," Olson said. "Good intentions won't be enough to get the job done."

In recent years, the risks facing cities with lead service lines have come into focus, most notably in connection to the Flint, Michigan, water crisis.

While the EPA considers how to strengthen the nation's lead-in-water rules, it will allow the previous Trump administration's overhaul of lead regulations to move forward, officials said Thursday. When the Biden EPA's requirements are finalized by 2024, they are expected to call for the replacement of remaining lead drinking water pipes "as quickly as is feasible."

"The science on lead is settled—there is no safe level of exposure and it is time to remove this risk to support thriving people and vibrant communities," EPA administrator Michael Regan said in a statement.

Environment America senior attorney John Rumpler called the administration's plans "long-overdue and an indispensable step toward securing safe water." He said the EPA should set a 10-year deadline to replace lead service lines, as New Jersey did in July.

A Trump administration rule said public water systems should replace 3% of their lead service lines annually if lead levels exceed 15 parts per billion, a rate lower than the previous 7% requirement. Trump administration officials said that the rule eliminated loopholes allowing water systems to avoid removing pipes and would therefore make the replacement process faster.

But environmental groups were critical, saying it allowed the removal to happen too slowly.

The Trump administration also set requirements to make sure that water systems prevent lead in pipes from corroding into drinking water. It also revamped lead testing to make sure water samples come from water sitting in lead pipes instead of near a faucet—a move experts say could push lead level results higher for many utilities nationwide.

The Biden EPA is considering ways to strengthen key parts of the regulation, including the 15 parts-per-billion threshold.

Congress approved $15 billion for lead service line replacement in the infrastructure bill—about one-third less than what the White House and water experts say it will cost to replace them nationally.

Administration officials spoke about additional efforts to limit lead exposure, including more childhood surveillance testing for lead exposure by the Centers for Disease Control and Prevention and grants from the Department of Housing and Urban Development to remove lead paint in public housing. Also, the Treasury Department is announcing that surplus COVID-19 relief funds can be used for lead service line replacement projects.

"The challenge that we face is, without any question, great. Lead is built into our cities. It is laid under our roads, and it is installed in our homes," Harris said.

https://www.newsweek.com/biden-administration-releases-29-billion-infrastructure-funds-remove-lead-pipes-1660345

Rick Plant:
Utah airports to receive millions from Biden infrastructure plan

SALT LAKE CITY — Several airports in Utah will be recipients of $39.2 million from the Federal Aviation Administration in 2022. The funds are part of the Biden administration’s infrastructure plan.

According to the FAA, the plan sets aside $2.89 billion dollars for airports across the country in 2022. The bill allocates $15 billion in total for airports over the coming years.

“The Bipartisan Infrastructure Law has given us a once-in-a-generation opportunity to build safer and more sustainable airports that connect individuals to jobs and communities to the world,” said U.S. Transportation Secretary Pete Buttigieg in a statement.

"With this new funding, urban, regional and rural airports across the country now can get to work on projects that have waited for years, modernizing their infrastructure and building a better America."

All in all, 33 airports in Utah will be beneficiaries of the money, including those in Cedar City, Ogden, Moab, Provo, Vernal, St. George, and Salt Lake City. The Salt Lake City International airport will receive the bulk of the money, roughly 69%.

The federal dollars are for roadways, runways, terminals, safety measures, and sustainability projects, according to the FAA.

A spokesperson for the Salt Lake airport said they just learned of the funding project this week and have not yet developed a strategy for spending the money most effectively. However, they said the funds would likely be used for the next phase of the new airport facilities still under construction.

The breakdown of the disbursements are as follows:

Canyonlands Field in Moab: $1,010,713

Cedar City Regional in Cedar City: $1,015,726

Ogden-Hinckley in Ogden: $1,010,481

Provo Municipal in Provo: $1,424,960

Salt Lake City International in Salt Lake City: $24,752,219

St George Regional in St. George: $1,486,245

Vernal Regional in Vernal: $1,008,207

https://kslnewsradio.com/1961210/utah-airports-to-receive-millions-from-biden-infrastructure-plan/


'Americans always rebuild’: Biden promotes infrastructure investments



KANSAS CITY, Mo. — President Joe Biden visited here to tout the $1.2 trillion infrastructure bill he signed into law last month, expected to bring billions in spending on roads and bridges, clean water, public transportation, high speed internet and the states.

The president said the investments amount to a “blue collar blueprint” for rebuilding the country, providing more good-paying jobs and economic opportunities, 95 percent of which don’t require a college degree.

For the better part of the 20th century, the United States became a global leader through “our willingness to invest in ourselves,” he said citing the space race and the federal highway system. Now, he said, China and the rest of the world are catching up and moving ahead.

Running through Biden’s speech, delivered at the Kansas City Area Transportation Authority, was a thread of frustration at the state of the nation’s infrastructure and the difficulties faced by those who struggle to afford prescription drugs or access the internet, implying the nation should be doing far better.

“We never break. We never stop. We Americans always rebuild, and we will rebuild this country,” Biden said.

Biden said the law does something historic in rebuilding the country, fulfilling a promise he made on the campaign trail.

“When I announced for office, I said I was running for three reasons,” Biden said. “One, to restore the soul of this country, a sense of decency and honor. Two, to rebuild the backbone of this country, working class and hard working middle class people — that’s the backbone of this country. And thirdly, to unite the country, which is turning out to be one of the most difficult things, but we’re going to get it done.”

The far-flung city of half a million people has struggled to keep up with the infrastructure needs across its 300 square miles. For years, residents’ water bills rose by double digits every year to fund a federally mandated upgrade to keep the city’s wastewater from overflowing. The city renegotiated that mandate with the Environmental Protection Agency earlier this year.

Kansas City’s iconic Buck O’Neil Bridge has long needed replacing and had to be rehabilitated in 2018 while it awaited funding for replacement. The state-owned bridge is now being rebuilt at the cost of $250 million, half of which the city contributed through a sales tax increase.

Missouri’s highways are notoriously troublesome with more than $4.5 billion in unfunded needs. The Missouri General Assembly this spring increased the tax on gasoline for the first time in almost 30 years.

Under the legislation, Kansas is expected to get $2.6 billion in highway funds and $225 million for bridges over five years. Missouri is expected to receive $6.5 billion and $484 million for those investments.

Both states would get hundreds of millions to expand broadband service to disconnected rural areas and low-income families that can’t afford internet access.

Biden said no parent in 21st century America should have to sit in the parking lot of a fast food restaurant to use the Internet, like many did during the pandemic.

“This is the United States of America, for God’s sake,” Biden said.

Biden said the bill also marked the largest investment in passenger railways in the U.S. for 50 years, joking about his own affinity for riding the train from Washington to Delaware.

U.S. Rep. Sharice Davids, a Democrat who represents the Kansas side of the Kansas City area, said she was excited by the billions of dollars that would flow into the region through infrastructure investments. She said residents can feel the economic impact of decades of underinvestment in infrastructure.

“From bridges to broadband, we’re continuing to create opportunities, because that’s what this is about,” Davids said.

The federal infrastructure bill includes $89 billion for local transit projects over the next five years, with $5.6 billion earmarked for low- or zero-emission vehicles.

In 2020, Kansas City, Mo., became the first major American city to eliminate fares for public transportation. The Kansas City Area Transportation Authority operates 78 bus routes across state lines, serving 14 million riders annually. The fleet includes four battery-powered buses, and only zero-emission buses will be added.

Biden also touted the elements of the bill meant to help the environment and protect communities from the effects of climate change. He said roads and bridges would be rebuilt to be more resistant to climate change. He praised Kansas City for its move to zero-emissions buses.

Biden said he grew up like a lot of Americans in a middle class household, but he would hear his parents talk about struggles, like his father losing his health insurance.

“My dad used to say everybody deserves just a little bit of breathing room,” Biden said.

Biden also took the opportunity to tout his Build Back Better plan, which still needs approval by the U.S. Senate. He said the bill would invest in universal preschool to help America catch up on early childhood education. He noted the country ranks 34th.

During the pandemic, women have been forced from the workplace in huge numbers as school closures and quarantines upended their normal childcare plans.

He spoke of a young woman who told him she was forced to ration her insulin because she couldn’t afford it and nearly died as a result. He said the bill would ensure insulin costs no more than $35 per month.

“Think about that,” Biden said. “The difference between nearly dying and thriving is the cost of one drug that cost $10 to make. … It can cost consumers now $1,000 a month.”

https://floridaphoenix.com/2021/12/10/americans-always-rebuild-biden-promotes-infrastructure-investments/

Rick Plant:
President Biden has done some remarkable things this year and this is all with GOP obstruction.   

1. Passed a Rescue Plan

2. Largest Infrastructure Bill in generations

3. Set record for job creation

4. Cut child poverty in half

5. More judges than any President in 50 years

6. Vaccinated 200m people

Back in March:

Biden signs $1.9 trillion American Rescue Plan into law

Washington — President Biden signed the $1.9 trillion American Rescue Plan Act into law on Thursday, finalizing an early policy victory that will send much-needed aid to millions of Americans still struggling from the COVID-19 pandemic.

"This historic legislation is about rebuilding the backbone of this country and giving people in this nation, working people, middle class folks, people who built the country, a fighting chance," Mr. Biden said before signing the bill, one day earlier than expected.

The bill was narrowly approved by the House on Wednesday with a vote of 220 to 211, with one Democrat joining all Republicans in voting against it. It passed the Senate on Saturday with a 50 to 49 vote, also along party lines.

Mr. Biden signed the bill hours before delivering his first prime-time national address to mark the one-year anniversary of the COVID-19 pandemic, which has since taken more than 529,000 American lives. The White House said the president and Vice President Kamala Harris will travel to Atlanta next Friday, part of what the White House is calling the "Help is Here" tour to tout the new relief bill in cities around the country.

New CBS News polling shows that the bill is widely popular with the public, with three in four Americans approving of its passage. Two-thirds of Americans also say Mr. Biden is doing a good job in his handling of the pandemic.

The American Rescue Plan provides $1,400 direct payments to individuals making up to $75,000 annually, $350 billion in aid to state and local governments and $14 billion for vaccine distribution. The bill also provides $130 billion to elementary, middle and high schools to assist with safe reopening.

White House press secretary Jen Psaki said the first wave of direct deposit checks would begin hitting Americans' bank accounts as soon as this weekend.

It includes an additional $300 billion in weekly jobless benefits through September and an expanded tax credit of up to $3,600 per child, initially distributed in monthly installments. The child tax credit could raise 4 million children out of poverty, according to an analysis by the Center on Budget and Policy Priorities.

More than $50 billion will be distributed to small businesses, including $7 billion for the Paycheck Protection Program. The bill also provides $25 billion for relief for small and mid-sized restaurants, which have suffered significantly during the pandemic.

The measure expands eligibility for subsidies to purchase health insurance to people of all incomes under the Affordable Care Act (ACA), a provision that was particularly controversial for Republicans who oppose the bill. It also incentivizes states to expand Medicaid under the ACA by having the federal government pay for new recipients. Several million people could save hundreds of dollars in health care costs once the bill becomes law.

https://www.cbsnews.com/news/biden-signs-covid-relief-bill-american-rescue-plan-into-law/

Rick Plant:
GOP Rep. Lauren Boebert and husband racked up arrests in home district



Rep. Lauren Boebert, the gun-toting freshman Republican Colorado congresswoman who ran on a law-and-order platform, has had several dust-ups with police, starting as a teenager.

The 34-year-old lawmaker, who beat her district’s very conservative Rep. Scott Tipton in a primary upset last June, has a rap sheet unusually long for a member of Congress.

And her track record of thumbing her nose at the law continued this week after she tussled with Capitol Police officers over her refusal to walk through newly installed House metal detectors.

“I am legally permitted to carry my firearm in Washington, DC, and within the Capitol complex,” she tweeted in defiance, while calling the detectors “another political stunt by Speaker Pelosi.”

While the lawmaker was eventually allowed to enter the House chambers, she is facing growing questions about her possible role in assisting the deadly Jan. 6 riot on Capitol Hill. Just hours before the violence, she tweeted, “today is 1776.” In the days leading up to the unrest, Boebert made a spectacle of her intention to remain armed in the Capitol, earning another rebuke from local law enforcement.

Back in June 2015, Boebert was cuffed for disorderly conduct at a country music festival near Grand Junction, Colo., after police said she attempted to interfere in the arrest of minors busted for underage drinking and encouraged the accused to run off. Boebert said the revelers had not been read their Miranda rights and that the arrest was illegal.

"Lauren continued yelling and causing the underage drinkers to become unruly,” an arresting officer said in a statement at the time. “Lauren said multiple times that she had friends at Fox News and that the illegal arrest would be national news.” At the time, Boebert was running Shooters Grill in Rifle, Colo. The story was first reported by Colorado Newsline.

Boebert subsequently missed two court appearances and was arrested again in December 2015. The charge was dismissed.

A year later, in September 2016, Boebert was charged with careless driving and operating an unsafe vehicle after rolling her truck into a ditch, police said. When she failed to show up for court a month later, a warrant was issued for her arrest. She was booked on Feb. 13, 2017. She ultimately pleaded guilty to the unsafe vehicle charge and paid $123.50 in fines and court costs. The careless driving charge was dismissed. The incident was first reported by the Colorado Times Recorder.

"It’s certainly of concern that on a couple of occasions she apparently failed to appear for court,” Tom Silverman, a Democrat and former president of the Colorado Municipal Judges Association, told The Post. “I was disappointed when she was elected.”

Colin Wilhelm, a Colorado defense attorney and Democrat who plans to challenge Boebert in 2022, agreed: “It’s concerning when you claim to be a member of ‘back the blue’ and yet are so anti-authority when they are trying to do their job.”

In September 2010, Boebert was arrested after a neighbor, Michele Soet, accused Boebert’s two pit bulls of attacking Soet’s dog. Soet’s dog narrowly escaped injury after jumping into a van. The future legislator pleaded guilty to a single count of “dog at large,” paying a $75 fine.

Boebert’s future husband, Jayson, also had brushes with law enforcement. In January 2004, he was arrested after allegedly exposing himself to two women at a bowling alley, according to an arrest affidavit. Lauren Boebert (then age 17 and known as Lauren Opal Roberts) was also there. Jayson Boebert pleaded guilty to public indecency and lewd exposure, earning himself four days in jail and two years’ probation.

In February 2004, he was booked on a domestic violence charge, against Lauren Boebert. He “did unlawfully strike, shove or kick … and subjected her to physical contact,” a spokesman for the Garfield associate county court clerk told The Post. They had been dating at the time.

Jayson Boebert ultimately served seven days in jail. The busts were first unearthed by Colorado blogger Anne Landman.

Lauren Boebert took her revenge in May 2004 during an altercation with Jayson at his home in which she scratched his face and chest and trashed his residence, according to a police report. She was slapped with third-degree assault, criminal mischief and underage drinking charges. A rep for the Garfield County Combined Court said they could not reveal any information about the case’s final disposition.

The Boeberts married in 2005, and have four children.

Jayson Boebert did not respond to a request for comment from The Post.

https://nypost.com/2021/01/16/gop-rep-lauren-boebert-and-husband-have-racked-up-arrests/

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