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Today on the Hill: A Nuclear Showdown in the Senate

The Senate is set to go nuclear today as the partisan confrontation over Neil Gorsuch’s nomination to the Supreme Court reaches its seemingly inevitable conclusion. A cloture vote on the nomination – which would require 60 votes to be approved – is set for this morning and is expected to fail, with as many as 43 of the chamber’s Democrats likely to line up to block the nominee. As soon as that vote fails, Senate Majority Leader Mitch McConnell (R-KY) will initiate the parliamentary steps necessary to launch the “nuclear option” and allow for Gorsuch to be confirmed on a simple majority vote. Specifically, Leader McConnell will likely raise a “point of order” asserting that a simple majority vote can end debate in the chamber for Supreme Court nominees. The point of order can then be approved by all 52 Senate Republicans, clearing the way for another vote on ending debate on Gorsuch’s nomination – this one only requiring a simple majority to be approved. A final up-or-down vote could then be held either today or tomorrow, but even considering the importance of a lifetime appointment to the nation’s highest court, Gorsuch’s confirmation will likely be remembered for the legacy that the change in Senate process will have on future nominations.    

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Financial Services Report

Our Take

If you believe that America’s greatness was built on the concept of incremental policy movements built on compromises – then you are likely troubled that as of late it seems like both sides of the political spectrum consistently retreat to their respective wings and therefore seem to perpetually advocate binary choices (i.e., you’re either with us or against us) that result in policy that flip flops with whoever is in power. We have said before that President Trump is the wrong answer to the right question and after the failure of the Health Care legislation it appears that he may be trying to be the disruptor that he campaigned as – however, much to the concern of establishment Republicans that might require the President to work with Democrats. With the funding of the government quickly running out – conveniently set to expire on the President’s symbolic 100th day in office – he is being presented an opportunity to show his willingness to compromise and put a ribbon his first legislative victory. Let’s see if he takes it.

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Today on the Hill: Democrats Secure Votes for Gorsuch Filibuster as McConnell Prepares to Go Nuclear

The Senate took one more step towards going nuclear yesterday after Sen. Chris Coons (D-DE) became the 41st  Democrat to commit to filibustering the confirmation of Neil Gorsuch, President Trump’s nominee for the Supreme Court. With the minority’s votes secured, Senate Majority Leader Mitch McConnell (R-KY) will likely file cloture today to begin the formal floor consideration process and begin the parliamentary process for using the “nuclear option” to change Senate rules and kill the filibuster for Supreme Court nominees. Leader McConnell and Senate Republicans have given every indication that they intend to follow through with changing Senate rules, and at this point, it seems that neither party is likely to budge from their position. The collapse of the 60-vote threshold for Supreme Court nominees marks the end of a decades-long battle over the role of the minority in confirming judicial nominations – then-Senate Majority Leader Harry Reid (D-NV) killed the filibuster for low-level federal judges in response to Republican intransigence in 2013 – and it may lead to more ideological judicial selections by both parties in the decades to come. Floor statements on the Gorsuch nomination will likely reflect that history and the uncertain future more than any commentary on the nominee himself.

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This Week on the Hill: Senate Preps for SCOTUS Nominee Drama as Easter Recess Approaches

Jet fumes are in the air as lawmakers eye the end of a six-week stretch in Washington with the beginning of a two-week recess this Friday. The impending battle over Neil Gorsuch’s nomination to the Supreme Court will be the week’s highlight, but ongoing negotiations on funding the government beyond the expiration of the current continuing resolution (CR) and a resurrection of Republican health care legislation will also be items to watch.

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Health Policy Report

The Week in Review

It was a relatively quiet week in Washington compared to the American Health Care Act (AHCA) related chaos of the week prior. The most notable floor action came from the House as the chamber advanced a controversial Senate-passed disapproval resolution (S.J. Res. 34) that would nullify a Federal Communications Commission (FCC) rule governing how Internet service providers may utilize consumer data.  Critics claim that the resolution represents a gutting of internet privacy rights, while proponents have argued that the FCC’s rule could limit the ability of broadband providers to compete for online advertising dollars. House passage, by a narrow 215-205 margin, sends the resolution to the president’s desk, and the White House has indicated President Trump will sign the measure.

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Financial Services Report

Our Take
From the ashes of the of the failure of the Obamacare repeal on Friday might still rise the Phoenix of President Trump.   It also clearly shows that Senator McConnell continues to be one of the shrewdest political minds in town.  
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Today on the Hill: FCC Rule Rollback in the House; Montenegro to Become 29th Member of NATO

The dust will continue to settle in Congress as lawmakers slide back into regular business following last week’s excitement. House lawmakers will consider a Senate-passed resolution (S.J. Res. 34) today that would undo privacy rules for internet service providers enacted under the Federal Communications Commission (FCC) last year. Specifically, the rules require providers to receive an “opt-in” commitment from consumers before sharing their information with other companies for marketing purposes. Internet rights advocates fear that the resolution would undermine consumer privacy and encourage the selling of their information, while proponents say that the rules would confuse internet users and limit a vital source of revenue for providers. The resolution was passed on a 50-48 party-line vote in the Senate, meaning that House passage today would send the resolution to the president’s desk for enactment.

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ICYMI: ‘Five Reasons The ACA Won’t Be Repealed’

Late in 2016 – right after President Donald Trump was elected president and Republicans gained full control of Congress – many beltway-watchers were quick write about the inevitable demise of the Affordable Care Act (ACA).  But as Thorn Run’s Billy Wynne wrote in a December 2016 article for Health Affairs Blog, “the repeal and replace ‘two step’ [was] fraught with difficulty, bolder than the ACA itself, and far from certain to succeed.”

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Health Policy Report

The Week in Review

At the start of last week, House Republicans were planning a floor vote on their health care package, the American Health Care Act (AHCA), and expecting to take a monumental step towards fulfilling their long-held goal of rolling back the Obama healthcare legacy. But by the end of the week, that goal appeared more elusive than ever. The bill was withdrawn from consideration indefinitely on Friday as intraparty differences on policy spoiled the first major legislative effort of the Trump era and left Republicans with a remarkable political defeat. What follows in our policy roundup is a summary of how the bill evolved in an attempt to placate both the moderate and conservative wings of the party, why that effort was ultimately unsuccessful, and with a considerable degree of uncertainty, our analysis on what will happen next in health policy.

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Financial Services Report

Looking Ahead
Near Term

  • It will be a busy week in the House and Senate – and that isn’t even including the House Floor vote on the health care bill, currently scheduled for Thursday.
  • Look for a slew of nomination hearings in the Senate.  On Monday, the Senate Judiciary Committee will start the nomination hearing for Supreme Court Nominee Neil Gorsuch.  Then, the Department of Labor Secretary Nominee Alexander Acosta will finally get his hearing on Wednesday, while on Thursday the Senate Banking Committee will hold a nomination hearing for Jay Clayton to be the Chairman of the Securities and Exchange Commission (SEC).  
  • The House Financial Services Committee has four hearings scheduled for next week, including one examining the Constitutionality of the CFPB and another reviewing the JOBS Act on the 5th Anniversary of the law.

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