Monthly Archives: January, 2022

(The Center Square) – President Joe Biden’s commitment to only nominate a a new Supreme Court justice who is a Black female does not have broad support, a newly released poll suggests.

The ABC/Ipsos poll found that 76% of surveyed Americans say Biden should consider "all possible nominees" to fill Breyer’s seat while 23% say Biden should “consider only nominees who are Black women, as he has pledged to do.”

Biden promised several times during the campaign to nominate a Black female justice, saying he is “looking forward to making sure there’s a Black woman on the Supreme Court.”

“Number one, I am committed that if I'm elected president and have an opportunity to appoint someone to the courts, I'll appoint the first Black woman to the courts,” Biden said in March 2020. "It's required that they have representation now. It's long overdue."

Analysts have circulated several names as potential replacements for Breyer, including D.C. Circuit Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger, and South Carolina District Judge J. Michelle Childs.

Republicans have called on Biden to nominate a centrist judge. Sen. Ted Cruz, R-Texas, echoed the sentiments of the ABC poll and blasted Biden for narrowing his choice to only a Black woman.

“Black women are, what, 6% of the U.S. population?” Cruz said on “The Verdict,” his podcast.

A recent Rasmussen poll also found the majority of Americans oppose choosing justices by race and gender, though most Americans think Biden will do so anyway.

“A new national telephone and online survey by Rasmussen Reports finds that 59% of Likely U.S. voters expect Biden to keep his promise by nominating a black woman to fill the vacancy on the Supreme Court created by the retirement of Justice Stephen Breyer,” Rasmussen said. “Only 19% think Biden will break his campaign promise, while 21% are not sure.”

(The Center Square) – The latest school choice plan in Wisconsin would break up Milwaukee’s public schools.

Sen. Alberta Darling, R-River Hills, on Friday introduced the plan.

“Wisconsin was the first state to give parents more say in their children’s education and future. We have an opportunity to build on our reputation and reclaim our status as a national model for reforming K-12 education,” Darling said in a statement.

Her proposal would split Milwaukee Public Schools into four to eight smaller districts. Parents would then have a choice as to which school they want their kids to attend.

Darling’s plan also includes an expansion for school vouchers and other choice programs in the state.

“I’m proud of how School Choice empowers parents and gives kids a chance to succeed no matter where they live,” Darling added.

School leaders in Milwaukee say the idea is a non-starter.

Milwaukee School Board President Bob Peterson told the Journal Sentinel that says Republicans have proposed doing away with Milwaukee schools before.

“It’s reminiscent of the previous failed attempts to take over the Milwaukee Public Schools and it’s destined to be a losing proposition,” Peterson said.

State Superintendent Jill Underly said the plan from Republicans is "divisive."

But CJ Szafir, president of the Institute for Reforming Government, said Darling’s idea is worth debating.

“Wisconsin's K-12 education system is broken. Taxpayers spend billions every year on a public school system that gives more power to bureaucrats than to parents. It is no surprise that roughly two out of every three fourth graders in Wisconsin are not proficient in reading, and Wisconsin ranks last in the country for reading proficiency for black students,” Szafir said Friday.

“The visionary K-12 education reform package would help transform Wisconsin education so that all students have the opportunity for a brighter future. By expanding school choice options, holding school districts accountable for unnecessarily closing schools over the pandemic, and finally breaking up the failed Milwaukee Public School district, these lawmakers are putting children and parents ahead of bureaucracy.”

(The Center Square) – A northeast Wisconsin judge is not going to stop a team of medical workers from taking new jobs.

Outagamie County Judge Mark McGinnis on Monday refused to continue an injunction that would have stopped seven former employees at ThedaCare from leaving.

ThedaCare asked the judge to intervene this month, complaining that losing the seven members of their interventional radiology and cardiovascular team would leave stroke patients in the Appleton-area without care.

Judge McGinnis ruled on Monday that the argument didn’t carry enough weight to force the seven to stay.

Technician Kailey Young testified on Monday that she left ThedaCare for a new job at Ascension Northeast because it was a better offer.

She said her new job had “life changing money,” and a better "work-life balance.”

Other nurses and techs told the judge the same thing.

ThedaCare accused Ascension of “poaching” the team.

Ascension maintained that it simply offered team members opportunities, and they accepted.

McGinnis said he originally gave ThedaCare a temporary injunction that stopped the seven team members from leaving in an attempt to allow the two hospitals to work things out.

He said in his ruling on Monday that ending the disagreement in court is “sad.”

(The Center Square) – U.S. Supreme Court Justice Stephen Breyer is expected to formally announce his retirement from the high court Thursday. News broke of his imminent retirement Wednesday, setting off a flurry of speculation and political posturing over who would replace the Democrat-appointed justice.

Biden pledged multiple times on the campaign trail to nominate a Black female justice, emphasizing he is “looking forward to making sure there’s a Black woman on the Supreme Court.”

Analysts have circulated several names, including D.C. Circuit Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger, and South Carolina District Judge J. Michelle Childs.

“Number one, I am committed that if I'm elected president and have an opportunity to appoint someone to the courts, I'll appoint the first Black woman to the courts,” Biden said in March 2020. "It's required that they have representation now. It's long overdue."

Shannon Bream, a host at Fox News, tweeted Wednesday that Breyer had not intended to announce his retirement yet and was “surprised” by the revelation.

“Why are political operatives in the White House trying to bully Justice Breyer into retirement?” said U.S. Sen. Ted Cruz, R-Texas, raising speculations about the motive and source of the leaked news.

The speculation highlights a deadline for Democrats. With the possibility of ceding control of the Senate to Republicans in November, Democrats will likely need to get their nominee through the approval process before the midterm elections. The Senate must ratify any Biden appointment to the bench with a simple majority.

“I can't imagine why Senate Republicans would agree to move on Biden's replacement for Breyer until after the November elections,” said Tom Fitton, head of Judicial Watch.

The rumors continued inside Washington, with others speculating that Vice President Kamala Harris could become the nominee, though the White House has given no credence to that idea.

In response to those rumors, White House Press Secretary Jen Psaki was asked if Harris’ nomination was a possibility during the White House press briefing Wednesday.

“Again, I’m not going to speak to any considerations, preparations, lists,” Psaki responded. “And as we’ve stated earlier, and as you heard the president say, there is a long history of Supreme Court Justices determining when they will retire, if they will retire, and announcing that and that remains the case today.”

The Breyer news comes on the heels of a few major rulings from the Supreme Court, including its decision to block Biden’s vaccine mandate for private employers with at least 100 employees.

Notably, the court is considering an abortion case that some say could lead to the reversal of Roe v. Wade, upending federal abortion law and sending the power of abortion lawmaking back to the states.

While several Republicans are expected to vote against the nomination, moderate Democrats like Sens. Joe Manchin, D-W.V., and Kyrsten Sinema, D-Ariz., will be closely watched. They have shut down other parts of Biden’s agenda, including his push to axe the filibuster to push through a federal takeover of state elections.

“I take my Constitutional responsibility to advise and consent on a nominee to the Supreme Court very seriously,” Manchin said Wednesday. “I look forward to meeting with and evaluating the qualifications of President Biden’s nominee to fill this Supreme Court vacancy.”

Some Republicans called on Biden to use the nomination to extend an olive branch to the other side.

“Moment of truth for Joe Biden. Will this deeply unpopular & divisive president finally reject the radical elements of his party and nominate someone who loves America and believes in the Constitution?” Sen. Josh Hawley, R-Mo., wrote on Twitter. “Or will he continue to tear apart this country w/ a woke activist?

“If he chooses to nominate a left wing activist who will bless his campaign against parents, his abuse of the FBI, his refusal to enforce our immigration laws, and his lawless vaccine mandates, expect a major battle in the Senate,” Hawley added.

At 83, Breyer is the oldest member of the Supreme Court. President Bill Clinton nominated Breyer, who has served since 1994. Only two other current justices on the nine-member bench were nominated by a Democratic president.

“I'm sending my sincerest thanks to U.S. Supreme Court Justice Stephen Breyer for his many years of service to our country,” said Rep. Jim Langevin, D-R.I.

The (Center Square) – Justice Stephen Breyer, the most senior member of the U.S. Supreme Court's liberal wing, will step down from his post after his replacement is confirmed, multiple national media outlets are reporting.

President Joe Biden will be tasked with nominating Breyer's successor, who then would face a confirmation hearing in the U.S. Senate. With a 50-50 political split in the Senate (two independents caucus with Democrats), Vice President Kamala Harris could break any ties.

Breyer, at 83 the oldest member of the court, was nominated to the post by former President Bill Clinton and has served since 1994. He is one of three of nine justices on the bench nominated by a Democratic president.

White House Press Secretary Jen Psaki said the administration had no further information on Breyer's decision.

"It has always been the decision of any Supreme Court Justice if and when they decide to retire, and how they want to announce it, and that remains the case today," Psaki tweeted. "We have no additional details or information to share from @WhiteHouse."

(The Center Square) – The first and last pieces of the package of crime legislation from Democrats at the Wisconsin Capitol focus solely on money.

Democratic lawmakers on Monday unveiled a series of plans that they say will make the state safer.

“With the pieces of legislation that promote victim safety, and with the shared revenue enhancement that supports local units of government, we believe this package of bills would really help address crime in Wisconsin,” Rep. Evan Goyke, D-Milwaukee told reporters at the Capitol.

Goyke says the package of legislation comes with a roughly $100 million price tag.

The largest piece would increase state aid to cities and counties, the so-called shared revenue.

“One of the bills in this package would increase shared revenue by 2% in the first year of the biennium, and 2% in the next year. A roughly $30 million increase in shared revenue over two years, and that’s just the beginning,” Goyke explained.

The Democratic crime package also includes a series of new grants through the state’s Department of Justice. Those grants would largely focus on victim services and monitoring people who are out on bail.

The Democrats also want to focus on domestic violence.

One plan would institute new reporting requirements for domestic violence suspects who are banned from having a gun, while another would spend more on the state’s Safe at Home program.

“This provides substitute addresses and mail forwarding services for victims of various forms of abuse,” Rep. Robyn Vining, D-Wauwatosa, said.

None of the Democratic plans touched on Milwaukee’s record-breaking homicide numbers in 2021. The lawmakers were also silent on the effort to change Wisconsin’s bail system to keep people like the Waukesha Christmas parade suspect behind bars and away from being able to commit new crimes.

Republicans at the Wisconsin Capitol are planning on voting-out their package of crime legislation on Tuesday.

(The Center Square) – The majority of surveyed Americans think Anthony Fauci should be removed from his role in helping lead the federal government’s COVID-19 response, a new poll released Monday by Convention of States Action, along with Trafalgar Group, shows.

Fauci currently serves as director of the National Institute of Allergy and Infectious Diseases and chief medical advisor to the president. While 76.6% of surveyed Republican voters want Fauci to quit, only 17.5% of Democrats feel the same.

Notably, the poll found “58.9 percent of Independent voters believe Dr. Fauci should resign his position and role in leading the government’s COVID-19 response to allow for new leadership," while "41.1 percent believe Dr. Fauci should not resign.”

The poll results came from a survey conducted Jan. 12-14 of more than 1,000 likely 2022 voters.

“Once known as ‘America’s Doctor’, Dr. Anthony Fauci has become a highly partisan figure among voters,” said Mark Meckler, president of Convention of States Action. “His own admissions that public opinion influences his decisions, his almost daily shifts on policy, and his criticism of those who disagree with him has – for Republicans and Independents – removed the sense that Fauci is objective and scientific. Democrats, on the other hand, who agree with Fauci’s point-of-view and critiques, support him with overwhelming numbers.”

Fauci has become an increasingly controversial figure since the start of the pandemic. His approval rating has steadily declined in recent months.

A poll from The Hill/HarrisX in June of last year reported that 42% of voters want Fauci to resign with 58% saying he shouldn’t. By October, though, the same survey found that 52% said Fauci should resign.

U.S. Sen. Rand Paul, R-Ky., who is a doctor, has been at the forefront of criticisms of Fauci, repeatedly calling for his firing. Critics have pointed to Fauci’s change in guidance, questions surrounding American funding of the virology lab in Wuhan, China, and the wisdom of shutting down the economy, particularly in the early months of the pandemic.

Earlier this month, Paul and Fauci got into a heated exchange during a Senate hearing. Fauci defended himself at the hearing, saying “you’re distorting everything about me.”

Paul argues that Fauci has shut down voices disagreeing with him and that his lack of judgment has made the pandemic worse.

“The idea that a government official would claim to unilaterally represent science and that any criticism of that official would be considered a criticism of science itself, is quite dangerous,” Paul said at the hearing. “Central planning, whether it be of the economy or of science, is risky because of the fallibility of the planner. It would not be so catastrophic if the planner were simply one physician in Peoria, then the mistakes would only affect those patients who chose that physician, but when the planner is a government doctor, who rules by mandate, the errors are compounded and become much more harmful.”

(The Center Square) – One of Wisconsin’s Republican congressmen wants to ban racial-scoring in deciding who gets the new coronavirus antiviral pills.

Northwoods U.S. Rep. Tom Tiffany on Thursday introduced legislation that would prohibit the federal government and the states from discriminating against or giving preference to any person based on race when it comes to the distribution of, or access to, medical treatment.

“Denying life-saving medical care to Americans based on skin color is wrong, it is illegal, and it is un-American,” Tiffany said.

The plan, which Tiffany is calling the Medical Equality and Discrimination Stoppage Act, or MEDS Act, comes after reports that states and hospitals are using race-based scoring systems to determine who gets access to the new pills.

Wisconsin’s Department of Health Services has proclaimed that it will distribute the pills in this state based on “equity.”

DHS told The Center Square last week that they are simply following the Biden Administration’s lead.

“Under guidance developed by the National Institutes of Health (NIH), health care providers are encouraged to prioritize prescribing these new therapeutics to those patients at greatest risk of serious illness or hospitalization from COVID-19,” DHS spokesperson Elizabeth Goodsitt told The Center Squarelast week.

But nothing in the guidance from the NIH explains just what equity has to do with distributing the pills. There is also no definition from NIH about what qualifies as “equity.”

Tiffany said the basic idea of his legislation is to remove race from all decisions about medical treatment.

“Our constitution guarantees equal protection under the law for all Americans without regard to race, color or creed,” Tiffany added. “It is long past time for the government to get out of the business of state-sanctioned racial discrimination.”

(The Center Square) – President Joe Biden’s aggressive push to federalize election law is likely over after proposed legislation failed to pass the U.S. Senate and a second vote to end the filibuster also failed.

Sen. Bernie Sanders, I-Vermont, blasted Democrats from the Senate floor Thursday night, saying they should have overturned the filibuster rule to pass the legislation.

“I can understand Republicans [not supporting the bill], but this I do not understand. I do not understand why two Democrats who presumably understand the importance of the Freedom to Vote Act, and as I understand it, will vote for the Freedom to Vote Act, are not prepared to change the rules so that that bill could actually become law," who caucuses with Democrats, said. "That I do not understand.”

Sens. Kyrsten Sinema, D-Ariz., and Joe Manchin, D-W.V., have been the focus of the debate and the target of Sanders’ comments. Sinema spearheaded the pushback, giving a speech that defied the president last week.

"There's no need for me to restate my longstanding support for the 60-vote threshold to pass legislation,” Sinema said from the Senate floor last week, responding to Biden’s Atlanta speech where he called for “getting rid of” the filibuster. “There's no need for me to restate its role in protecting our country from wild reversals of federal policy. This week's harried discussions about Senate rules are but a poor substitute for what I believe could have and should have been a thoughtful public debate at any time over the past year."

Biden addressed whether the stalled legislation was the end of his voting rights push during a press conference Thursday. When asked, he would not lay out what executive measures he may carry out, but said he has beefed up Department of Justice efforts to find illegal discrimination.

"We have begun to organize in ways that we didn’t before in communities beyond the civil rights community to make the case to the rest of American people what’s about to happen, what will happen if, in fact, these things move forward," he said.

The voting legislation has major implications for states, particularly those that have passed recent election integrity laws. Democrats have blasted laws like those passed in Georgia, though they are less restrictive in many ways than some other Democrat-led states.

“Democrats label anything they disagree with as racist. Georgia’s voting law does not prevent black people from voting like Senator Warnock says it does,” tweeted former football star Herschel Walker, who is Black and a Republican candidate for Senate in Georgia, which has been the center of voting controversy. “This is not about voter suppression, it is about President Biden and the federal government wanting more power.”

Stacey Abrams, who has questioned election integrity in the past and is running for governor in Georgia, also responded to the bill’s defeat.

“52 Senators – two Democrats and all Republicans – failed their voters, allowing the filibuster to stand in the way of critical voting rights legislation,” she said. “But we are determined to continue this fight on the ground here in Georgia.”

Biden is also under fire for remarks during the same press conference where he balked on saying whether he believed the next election would be legitimate, something that received major pushback.

"Well, it all depends on whether or not we’re able to make the case to the American people that some of this is being set up to try to alter the outcome of the election," Biden said when asked about whether he would trust the midterm election results. "And it’s one thing – look, maybe I’m just being too much of an optimist. Remember how we thought not that many people were going to show up to vote in the middle of a pandemic? We had the highest voter turnout in the history of the United States of America.

“I think you’re going to see the people who they’re trying to keep from being able to show up, showing up and making the sacrifice that needs to make in order to change the law back to what it should be,” he added.

Biden's comments sparked a flurry of criticism from critics who said the president acted irresponsibly by questioning the integrity of the election before it even occurred.

“Can you imagine the media outrage if President Trump said this?” Rep. Jim Jordan, R-Ohio, said in response to the remarks.

Along with Georgia, Texas has been at the forefront of election law debates. Texas Democrats made national news when they fled the state for Washington, D.C., last year in an attempt to prevent Republican lawmakers in their home state from having the quorum necessary to pass new election security laws. Texas, along with states around the country, passed laws after questions over the security of the 2020 election with increased mail-in voting, ballot harvesting and billions of dollars from private groups that paid for things like ballot drop boxes.

Beto O’Rourke, former Democratic presidential candidate who is running for governor of Texas, has made voting changes a major campaign issue, touting it during a meet and greet in San Antonio this week.

“It’ll literally decide the future and the fate of the state of Texas,” he said. "So we’ve got to overcome this with great organizing and turnout. We are not going to win unless we show up … We’re going to be there and work to earn those votes so that we can win this race.”