Forecast for May 5, 2020.

You may have noticed that you didn’t receive this week’s First Branch Forecast on Monday. This newsletter takes a team to write, and with so much happening last week and over the weekend, I ran out of time to finalize it on Sunday. Here is an abbreviated version.

COMING UP THIS WEEK

Wednesday at 2 join our roundtable on Lessons learned from Remote Committee Proceedings. Speakers include the congressional staff who held the committee roundtables, former members of congress, and experts from civil society and academia. Also, we spoke to Civic Hall last week on continuity of Congress.

Congress needs tech help fast; think you’re up to the challenge? TechCongress launched a Congressional Digital Service fellowship to help get Congress functioning amid pandemic; the deadline to apply is Sunday.

We’re keeping an eye on the Senate Rules Committee, which is meeting on Thursday. Maybe they’ll say something about moving the Senate towards working remotely? (Maybe they should call the Supreme Court, who actually broadcast audio of oral arguments yesterday.)

Continue reading “Forecast for May 5, 2020.”

Forecast for April 27, 2020.

Good morning. The COVID-19 pandemic has resulted in 200,000 dead worldwide, including 50,000 deaths in the U.S. and 165 dead in Washington, D.C., with the number of metropolitan cases continuing to increase. Despite the rising toll, the House and Senate held in-person votes this past week, several members of Congress want to reopen the Capitol, and some members ignored safety measures. We believe Congress must get back to work — safely. But efforts in both chambers to permit remote deliberations did not reach fruition.

There continues to be a pollyannish approach to this pandemic, especially on the part of federal lawmakers. People hold unsupported beliefs: COVID-19 is just like the flu, you don’t need masks, it will burn itself out by summer, it doesn’t strike children, having COVID-19 confers immunity, there will be a vaccine next year, and so on. Some of these beliefs we know are wrong, others are optimistic assumptions.

We won’t know when COVID-19 will end and we have major gaps in our understanding of the disease. Contingency planning includes preparing for a range of possible outcomes, including less optimistic scenarios: what if it causes permanent disability? What if a vaccine takes a long time? Proper planning should also address confounding problems: what if there’s a hurricane? What if a Supreme Court justice dies? What if air travel stops?

Continue reading “Forecast for April 27, 2020.”

Forecast for April 20, 2020

TOP LINE

The House inches forward on remote deliberations. Speaker Pelosi belatedly flipped her position and now supports a very limited form of remote voting, although it remains to be seen whether she will support restarting the committees and allowing remote deliberations on the floor — and whether she needs to bring members back to change the rules. Her choice remains remote Congress or no Congress, but she could misuse this opportunity to further centralize power in leadership’s hands.

The Senate is nowhere on remote deliberations, at least with respect to the floor, although there are some rumblings about committees.

Make it work. CRS issued a report on the constitutionality of remote voting and an assortment of civil society and former members held a simulated hearing to show how remote committee deliberations could work.

With Congress defunct, the President made (another) grab for Legislative Branch powers.

Check out our newest resources, including a website of all things continuity of congress, a database of the Members of Congress who support remote voting, the results of the House study on pay and diversity as a downloadable dataset, and our investigation of trends in CRS work over the last 30 years.

We hate to ask, but have you subscribed to the First Branch Forecast? It’s free and comes out once a week. Continue reading “Forecast for April 20, 2020”

Forecast for April 13, 2020.

It has been another tough week just about everywhere. We hope you and yours are staying safe. This newsletter is becoming harder and harder to write, but we hope it is helpful as we work together to keep our democracy.

CONTINUITY OF CONGRESS

We launched a website that gathers all the major resources and developments on continuity of Congress. Cleverly enough, it’s at continuityofcongress.org. Did we miss something? Drop us an email at daniel@demandprogress.org.

Read this: the Washington Post’s Mike Debonis and Paul Kane have a superb article that you really should read: “Sidelined by coronavirus pandemic, Congress cedes stage and authority to Trump.” They don’t have everything — we worked awfully hard on our report addressing the issues raised by House Rules Dems — but they expertly illustrate how power is shifting to the Executive branch as Congress has made itself unable to act.

• Speaker Pelosi is continuing to dig in on remote deliberations during the COVID-19 pandemic, and dismissed calls from the rank and file: “We’re not there yet, and we’re not going to be there no matter how many letters somebody sends in.”

• Perhaps the letters she referenced were those from the House New Dems and Problem Solvers Caucuses. New Dems urged that “Committees should … utiliz[e] the technology solutions identified by the House Committee on Administration to hold virtual legislative hearings and meetings as soon as possible.” The Problem Solvers called for “alternative ways” for the House to function that boil down to different versions of remote deliberations.

• According to our latest count111 members of the House have publicly articulated support for remote voting. (Majority Leader McConnell has entirely disappeared from this debate.)

 A new poll said “80% of Americans support Members of Congress being able to vote ‘remotely’ during the coronavirus pandemic,” and only 10% oppose. Members of Congress must be feeling the pressure to get back to work.

Continue reading “Forecast for April 13, 2020.”

Forecast for March 30, 2020.

TOP LINE

In case you need a reminder…it’s Monday again; we hope everyone is feeling well and hanging in there. This week’s First Branch Forecast focuses on continuity of Congress and the emergency Coronavirus bill, which are inextricably linked. We also have some important reads in our Oversight & Transparency + Odds & Ends sections as well as a discussion of presidential signing statements.

Continue reading “Forecast for March 30, 2020.”

Forecast for March 23, 2020

The Pope banned public masses, closed Holy Week services, and is encouraging “spiritual communion” when it is unsafe to receive it in person; the New York Stock Exchange has rushed a rule into effect to facilitate electronic auctions in light of the temporary closure of the trading floor; and yet the Speaker of the House and Majority Leader of the Senate are forestalling rules changes to allow the temporary invocation of remote deliberations in either chamber during the pandemic.

At the same time, we’re seeing legislatures disband, from every member of the Georgia legislature in self-quarantine to the Parliament in Victoria, Australia, and many regions in the US are going on lockdown. The trendline is clear.

Addendum: Late Sunday evening, Sen. Rand Paul tested positive for Coronavirus and a number of Republicans began a self-quarantine. This has dropped the operational Republican majority in the Senate to +1R (at the time of this writing). In addition, Donald Trump endorsed remote voting for Congress. This pandemic could shift power in both chambers, the threat of which may finally impel their respective leaders to take another look at remote voting.

Welcome to a very somber First Branch Forecast. We hope that you are staying home and staying safe.

Continue reading “Forecast for March 23, 2020”

Forecast for March 16, 2020.

TOP LINE

Congress is open for business, but for how long? The Capitol Complex and Library of Congress are not allowing visitors through April 1st, although there are some loopholes for business visitors. The House put out telework guidance for offices — but no uniform telework requirement — and went into its district work period; the Senate cancelled its district work period to consider the emergency Coronavirus funding bill passed by the House, which it will take up only after a surveillance bill. Meanwhile, we urged both chambers to allow remote voting (editorialletter); so did Norm Ornstein; so did Rep. Katie Porter; and we put out a statement on remote voting in federal and state legislatures.

The House passed a resolution implementing recommendations from the Fix Congress committee. This is the first time in recent history a modernization committee has issued recommendations at all, let alone had the bipartisan recommendations be adopted.

A warrantless surveillance program is on deck for Senate consideration, after being rammed through the House by leadership and circumventing the committee process. It’s fate (like its policies) are murky at best.

Continuity of Congress Briefing. We have tentatively scheduled an online briefing for tomorrow, Tuesday, March 17, at 11:30 AM ET on Continuity of Congress, which will focus on remote voting and the issues at play. RSVP here so we can send you a link to the online briefing.

Continue reading “Forecast for March 16, 2020.”

Special Thursday Forecast

The coronavirus poses a deadly threat to our democracy, so we have a special issue of the First Branch Forecast focused on what the House and Senate should do right now to maintain the continuity of Congress.

Read the letter below containing civil society recommendations that must be implemented before the start of the district work period. We published a popularization of our recommendations in the Fulcrum (with PopVox’s Marci Harris).

Please stay safe and keep healthy.

March 12, 2020

Dear [Members]:

As you work to respond to the coronavirus threat on Capitol Hill, we urge you to consider the following:

Prioritize the health and safety of the public, staff, press, and lawmakers: We recognize that there are contradictory pressures to project calm while also modeling appropriate responses, such as the “social distancing” recommended by the Centers for Disease Control. In this vein, we encourage Congress to adopt a “putting on your own mask before assisting others” approach, to take rational steps to limit exposure on the Capitol Campus and within district offices. By temporarily postponing school tours, industry fly-ins, and in-person advocacy meetings, Congress will wisely decrease the risk of contagion to the public and staff.

Continue reading “Special Thursday Forecast”