Daily Archives: June 19, 2017

Supreme Court Confirms The Bill Of Rights Is Just About Making Money, Strikes Down Trademark Disparagement … – Above the Law

Posted: June 19, 2017 at 7:39 pm

When the Supreme Court handed down Citizens United, most people decried the end of campaign finance reform or rejoiced at all the Obama is a criminal ads they could buy with the backing of kooky billionaires. But the decision also erected a signpost marking the path that most defines the Roberts Court: the provisions of the Bill of Rights are for making money. That corporations are people has reached the point of clich, but theres a reason Roberts started issuing all his oaths of office on a dog-eared copy of Atlas Shrugged when no one was looking.

So when Simon Tams case reached the Supreme Court, we all knew what was going to happen. Tam, a member of an all Asian-American band called The Slants, challenged 15 U. S. C. 1052(a), which sets standards for trademark protection to bar marks that disparage or bring into contemp[t] or disrepute any persons, living or dead. Tams group believes their use of a known slur against Asians and those of Asian descent is an act of reclamation and not one of disparagement.

An interesting factual challenge wouldve considered Brandeis Brief style the expanding body of academic work on the nature of linguistic reclamation and delve into whether the facile neutrality imposed upon words like disparage in the application of the statute improperly excluded valuable expressions from the financial protection provided by a federal grant of intellectual property protection. That would have been a fascinating dive into the changing meaning of language and the problems inherent in interpreting terms in legal texts from a cemented perspective of whiteness.

As would someone just pointing out that the statute is unconstitutionally vague which is the right answer! and calling it a day. But the Court decided to drop an ode to how fundamental rights really only matter as long as theyre about making money, because after all, the business of America is business.

It wasnt a pretty opinion. Professor Crouch said of the opinion that the Courts logic is largely incomprehensible. But the real nut of the opinion can be found in the opening paragraphs of Justice Alitos majority opinion:

We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.

Good point! Except no one was trying to ban any speech here. But other than that basic, foundational fact, this is a good point.

What the statute did authorize the USPTO to do is to say, The government wont grant a federally registered trademark with no bearing on your state and common law rights to protect marks for marks that offend. That aside is critically important. An unregistered mark is not some kiss of death to protecting an intellectual property right, and nothing about this statute sought to interfere with that. There are advantages in having the federal government maintain a list of registered marks, but registration is not the source of trademark protection.

Federal trademark protection flows from the congressional power to regulate interstate commerce, and in light of the broad grant of power the Framers gave the government here, its entirely reasonable for the government to impose limits on what marks it gives the imprimatur of nationwide recognition, in the interest of regulating the market. This isnt banning someone from expressing a disparaging view. Its not even banning someone from making money off a disparaging view. The statute barred the federal government from inserting itself into a potential dispute between someone trying to make money off a racial slur and someone trying to make bootleg products to make money off that same racial slur. And, as already discussed, it doesnt even stop someone from suing the bootlegger.

And its in this reasoning, adopted by the majority in a rather fractured decision, that really draws a straight line from Citizens United where the right to express a political opinion metastasized into the right to buy the most access for a propaganda blitz. To the majority of this Court, what interests them about Free Speech isnt protecting the right of individuals to express unpopular or even offensive opinions. When it comes to protecting protestors arrested and bullied for speaking out especially if they do it in front of the Supreme Court this Court isnt eager to lend a helping hand. But if they can spin the hyperbole wheel and transform a government regulation that makes it ever so slightly more difficult to make money into a ban on speech, theyre right there for you. Thats the Bill of Rights this Court wants to build caselaw about.

If only those wrongfully convicted death row prisoners could find a pecuniary justification for staying alive.

(Opinion on the next page.)

Joe Patriceis an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free toemail any tips, questions, or comments. Follow him onTwitterif youre interested in law, politics, and a healthy dose of college sports news.

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Supreme Court Confirms The Bill Of Rights Is Just About Making Money, Strikes Down Trademark Disparagement ... - Above the Law

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Bishop: A Golden Answer to Every Problem – Florida Today

Posted: at 7:38 pm

Cindy Bishop, weVENTURE, Edge Published 3:11 p.m. ET June 19, 2017 | Updated 4 hours ago

Cindy Bishop(Photo: Provided)

Albert Einstein said, We cannot solve our problems with the same thinking we used when we created them.

I have been in practice as a lawyer for more than 32 years, in five states. People rarely come to see a lawyer when everything is fine in their lives. As a result, over the years, I have seen a lot of problems. Ive seen families split apart, friendships broken, and businesses and lives ruined. Clients are usually angry and wish their lives had turned out differently.

One day, I had a revelation. Using Albert Einsteins advice, if people would only solve their problems using different thinking And to take that advice a step further, if people thought differently from the beginning, their problems wouldnt even occur.

There is one magic way of thinking that would solve problems before they even begin. It is for all of us to follow The Golden Rule.

The Golden Rule has been around for thousands of years, spoken of in nearly every religion and ethical tradition. From the ancient Greeks to Confucius, in the Jewish, Christian and Muslim religions, and in secular writings, The Golden Rule is a cornerstone principle.

I am a lawyer; I am accustomed to following laws. What if I, what if we all, followed the words of a rule, the ancient Golden Rule?

A spouse would not treat his or her spouse badly because they would not want to be treated that way. Everyone would be honest and efficient in their business dealings no business person would ever want to be cheated financially, so why would they treat others that way? Employers would mentor their employees the way they wish that they had been mentored. And families and neighbors would learn to get along, because they also would not want to be treated as outcasts or with bad intentions.

And in the world outside my law offices windows, all over our country, and in every other country on the planet everyone would treat each other as they wished to be treated. The leaders of nations would ensure their own people, and the people of other nations, would be treated with the same degree of care that they would wish others would bestow upon them.

A quick response to this call to action might be, Why should I do what others are not doing?

Because we need to be the change we want to see in the world. So, lets do it. Lets live by The Golden Rule.

Cindy Bishop is a lawyer and Florida Supreme Court Certified Mediator working in Brevard County.

Columnist series are sponsored by weVENTURE at the Florida Institute of Technology College of Business. weVENTURE has locations in Melbourne and Rockledge. The Center is funded in part through a cooperative agreement with the U.S. Small Business Administration. For more information, visit weventure.org or call 321-674-7007.

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Liberal groups are teaming up to pressure GOP lawmakers on health care over summer recess – Washington Post

Posted: at 7:38 pm

More than a dozen left-leaning organizing groups are joining forces to lead a national day of action next month against the Republican plan to repeal parts of the Affordable Care Act.

The events are set for July 29, what is scheduled to be the first day of the congressional summer recess, and organizers are hoping the Our Lives on the Line protests including a flagship rally in Washington will set the tone for several weeks of aggressive activism to persuade key lawmakers to back off their repeal efforts.

Health care is priority No. 1 right now, said Nicole Gill, executive director of Tax March, which organized more than 100 rallies across the country on April 15. She said the health-care push represents the first instance where the leaders of recent progressive-oriented marches have joined forces

Organizers of the Jan. 21 Womens March and the April 22 March for Science are involved, along with Indivisible, the group that has aimed to focus grass-roots progressives on influencing lawmakers; Organizing for Action, the activist group associated with former president Barack Obama; Our Revolution, born out of the presidential campaign of Sen. Bernie Sanders (I-Vt.); as well as MoveOn.org, Planned Parenthood, the Center for American Progress Action Fund and others.

We all have represented different issues or causes, and I think it speaks to the importance of health care in our communities across the country of why this is the thing thats going to pull us together, Gill said.

There is one big catch for progressives: If President Trump and Republican congressional leaders have their way, the GOP health-care bill will be law by the time July 29 rolls around and some lawmakers are suggesting Republicans stay in Washington until a bill is passed.

[While House passes GOP health-care bill, Senate prepares to do its own thing]

The House passed the American Health Care Act in May, and the Senate is now debating revisions to the bill, which the Congressional Budget Office estimated could lead to coverage for 23 million fewer Americans. Senate Majority Leader Mitch McConnell (R-Ky.) has announced his intention to have the Senate vote on the legislation by months end, though major internal divisions in the GOP persist, and that timeline is in doubt.

[Senate hard-liners outline health-care demands with Medicaid in the crosshairs]

Gill acknowledged that congressional Republicans are hoping to pass a bill before the summer recess even starts and that the situations not looking great. But she said whether that happens, there will be reason for progressives to rally.

I really dont know that we can predict either way how this is going to turn out before recess, she said. Either way, what weve seen is since 2008, basically, theres been a Republican-led assault on the idea of health care in this country. And whatever happens with this bill, thats a problem.

The summer recess, set to run from July 29 through Sept. 5, will be an important opportunity for opponents of President Trump and GOP policies what has come to be known colloquially as the resistance to render their dissatisfaction in person to Republican lawmakers at town halls, office hours and other in-district events.

The 2009 summer recess was a turning point in the Democratic push to pass the Affordable Care Act. Lawmakers across the country were accosted by activists affiliated with the nascent tea party movement, and while Democrats were able to push the ACA through less than a year later, the protests firmed up GOP opposition to the bill and set the stage for massive Democratic losses in the 2010 midterm elections.

To some extent, the tea party did kind of write a playbook on how to engage in grass-roots activism, Gill said. What I think weve done is much different. It is much more diverse and diffuse and grass-roots driven than anything theyve ever done, and I think that represents our movement that we are not easily characterized into one category or one type of person. The Resistance, so to speak, is resisting on a number of fronts and in a number of different ways, and that to me is a pretty big difference from what the tea party did.

People got engaged right away, and especially starting with the Womens March, she added. That was definitely not a town hall. That was not protesting for media coverage. That was people who were frustrated and upset, and they took to the streets, and that has continued. I think the energy is real, and its not going anywhere.

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Liberal groups focus on Ivanka Trump – ABC News

Posted: at 7:38 pm

Getting nowhere with her father, liberal advocacy groups have been looking for an ally in Ivanka Trump. They haven't had much luck.

In recent weeks, activists have been appealing to the younger Trump for help on climate change, international labor conditions and immigration. But the first daughter, an influential adviser to President Donald Trump in her own right, largely has sought to stay out of the fray. Still the efforts underscore the politically charged position she occupies as she seeks to advance a positive agenda while avoiding weighing in publicly on her father's more controversial policies.

The most high-profile campaign directed at the president's daughter has come from New York-based China Labor Watch, which has been investigating working conditions at factories in China that have made Ivanka Trump products. The group on Thursday renewed a call for her to speak out about the detention of activists involved in the investigation and on their findings about labor conditions. They said they have sent a second letter to her at the White House to raise concerns.

Ivanka Trump's brand has sought to distance itself from the manufacturer under scrutiny, saying the company last made its products three months ago.

Trump, who spent the past week promoting the administration's efforts on job training, did not respond to requests for comment.

With her focus on issues that typically draw liberal or bipartisan support, Ivanka Trump has left many with an impression that she does not share some of her father's policies. But she avoided weighing in publicly on her father's travel ban, border wall, proposed budget cuts or the Paris agreement, leading liberal critics to question her influence.

Now some groups are trying to spur her to act.

Before the president announced he would exit the Paris climate accord, the Natural Resources Defense Council started an online petition asking people to email and call Ivanka Trump to push her father to stay in the deal. The call for action implored people to "raise a massive outcry" and ask her to "do everything in her power to persuade the president to keep our promise."

"As we began hearing he was leaning in the direction of pulling out, we threw a Hail Mary," said Ben Smith, the group's digital advocacy director, adding that they sought to "appeal to what seems to be a well-reported story that she's sympathetic."

Smith said 50,000 people signed the petition, "which is on the higher end of the performance scale for us."

Last week, Amnesty International launched a campaign that seeks to educate Ivanka Trump on their efforts to shut down a residential center in Pennsylvania that houses detained immigrant parents and children. The advocates say the facility, which has a contract with the Department of Immigration and Customs Enforcement, is a detention center.

"She says she cares about women and kids and child care. She says she wants to use this power she now has. We're following up on that," said Naureen Shah, senior director of campaigns for the U.S. section of Amnesty International.

Shah added: "It's not a shaming campaign. She says she wants to do it."

"Democrats do not have many lines into the White House, they don't have a lot of different ways to influence the president," said Democratic strategist Lis Smith. "His daughter remains one of the few ways they are able to get to him."

In interviews, Ivanka Trump has stressed that this is her father's administration and has said she airs her views with her father privately. During a recent interview on "Fox and Friends," she expressed surprise about the "level of viciousness" that the administration had encountered in Washington, a statement that some found curious given her father's aggressive rhetoric.

Saying her father's administration wants to do "big things," she added: "I was not expecting the intensity of this experience, but this isn't supposed to be easy."

She moved her family to Washington before her father's inauguration. She serves as an unpaid aide to the president and stepped away from executive roles running her brand and at the Trump Organization, though she retains ownership of the brand. She has been more visible lately, working on a plan for paid family leave that is included in the president's budget, taking part in the president's first foreign trip and appearing with her father to talk about job training.

Republican consultant Alex Conant, who worked on Sen. Marco Rubio's presidential bid, said the advocacy campaigns were unlikely to make a great impact on the first daughter. "As long as she has a thick skin, those campaigns will be unsuccessful and she'll remain effective," he said.

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Tough Liberal love – Liberal Democrat Voice

Posted: at 7:38 pm

Without doubt, this was a tough election, and I wasnt even in a lead campaigning role, let alone running. (I thought about the latter, and was approved; but I then campaigned in my home constituency of Sheffield Hallam.)

Gutted about our loss of Nick Clegg, I took to the blogs and comments on Liberal Democrat Voice over the past week to see how our national results were perceived across the party. Despite some celebration, they also demonstrate that there is much discontent, with rallying cries for radical centrism to so long, liberals alike. Evidently, tough Liberal love is in order.

It would make sense for us to take stock of the core challenges as the leadership bids begin. The new leadership and conference will determine the direction of the party: are we to continue the strategy of placing the Lib Dems on an axis of value politics, or return to decisions about left, right or centre? But besides direction, there are two other key themes which I think need urgent debate, too.

There is anger among many at the way Tim was allegedly pressured to resign, from those unelected Lords, no less, who represent the very party thats in favour of Lords reform.

But more fundamentally, as Liberal Democrats we need to redefine what we mean by our commitment to democracy, both internally and externally. For example, we were against a second independence referendum in Scotland, which was absolutely the right call, and helped get us three additional MPs. But we were in favour of a second referendum on Brexit, without much evidence that the mood had changed, and it turned out to be not that appealing to the electorate.

Most political parties and ideologies are somehow contradictory: its what should make them attractive to the mainstream. But framing our Brexit approach as about democracy above all else opened us up to another easy line of attack, aside from incoherence. When Andrew Neil in an otherwise bizarrely angry interview called us populists who arent popular (or something to that effect), he had a point. The 2011 referendum on the Alternative Vote was a loss. So as a party, we need to debate what being a democrat means for us, for our internal governance, and for the country.

There is also frustration that Tims resignation (wrongly) suggests were precisely not the party for freedom of thought.

The issue here seems to be that parts of the party (and much of the way weve spoken of our recent electoral successes) promotes what Mark Lilla has called identity liberalism. Hes claimed controversially that it lost Hilary Clinton the American presidency, and that Democrats there should instead move towards a post-identity liberalism.

We are not only in an era of Trump; in Britain we have our second female Prime Minister who is, for the second time, Conservative. I think we need to ask whether we are presenting ourselves and our fight for personal freedoms and fairness often through personal representation of, or attachment to, minority and currently or historically marginalised identities in a way that is actually resonating with the British electorate at large.

I had my misgivings about Tims leadership, but as a gay man I would far rather a leader who stood up for rights and private conscience over one who claimed to know, embody or worse approve of! some generalised gay identity. Could we achieve more through an issues-based, over identity-focussed approach to our political position? Its another question that I feel needs to be put to conference this year.

* Sean Williams is a Lib Dem member in the Sheffield Hallam constituency

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Exclusive: Labour, Liberal Democrats and SNP MPs plot to bring down the Government over Queen’s Speech – Telegraph.co.uk

Posted: at 7:38 pm

Labour, Liberal Democrat and SNP MPs are joining forces to try to bring down Theresa May's Government by passing amendments in Wednesday'sQueens Speech.

The Opposition parties only need seven MPs to change sides to overturn the Government's 13-strong working majority which could trigger a no confidence motion in Parliament.

The parties are looking at defeating the Government on amendments covering legal rights for tenants to demand protection from the risk of fire, easier access to the single market, a Brexit commission, hundreds of millions of pounds more for the NHS and an open Irish border after Brexit.

The amendments will be published in the next 24 hours and come as leftwing activists prepare to march on Parliament in a Day of Rage protest against austerity tomorrow.

If any of the amendments are voted through it could signal the end of the Government. Historically if the Queens...

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Liberal ministers snub Boeing, meet Lockheed Martin at Paris Air Show – BNN

Posted: at 7:38 pm

OTTAWA -- Aerospace giant Boeing appears to have gotten the cold shoulder from the Trudeau government in Paris.

Three cabinet ministers are in the French capital this week to promote Canada's aerospace sector and meet with various companies at the prestigious Paris Air Show.

Those meetings include discussions with fighter jet makers such as Lockheed Martin, which is hoping its F-35 stealth fighter will replace Canada's aging CF-18s.

But Transport Minister Marc Garneau and Industry Minister Navdeep Bains say there are no plans to meet with Boeing, despite previous talks to buy 18 interim Super Hornet fighter jets from the company.

It's the latest Liberal government snub of Boeing following the U.S. firm's recent trade complaint against Canadian rival Bombardier.

Ministers say the plan to buy Super Hornets from Boeing has been put on hold, as the government considers all options for buying interim jets.

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Liberal legislation set to limit how long inmates can be kept in solitary confinement – Toronto Star

Posted: at 7:38 pm

OTTAWAThe federal government introduced legislation Monday to restrict the use of solitary confinement inside federal prisons and to better protect prisoners with mental illness or at risk of self-harm or suicide.

Once passed, the bill would for the first time impose a so-called legislative framework establishing a time limit for what prison officials call administrative segregation.

The bill part of the Liberal governments broader efforts at criminal justice reform, which include reducing the number of Indigenous Canadians behind bars was introduced with just a week left in the spring parliamentary calendar, meaning its unlikely to come up for debate before the fall.

It also comes after several high-profile solitary confinement cases, including the 2007 death of Ashley Smith of Moncton, N.B., an emotionally disturbed 19-year-old who died in custody after tying a strip of cloth around her neck.

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A coroners inquest into Smiths death ended in 2012 with 104 recommendations, including a call to end to indefinite solitary confinement and the use of segregation beyond 15 days for female inmates with mental-health issues.

Shortly after taking office in 2015, Prime Minister Justin Trudeau ordered Justice Minister Jody Wilson-Raybould to take second look at the Smith inquests recommendations as part of her mandate to implement criminal justice reforms.

In her mandate letter, Trudeau asked Wilson-Raybould to work on implementation of recommendations from the inquest into the death of Ashley Smith regarding the restriction of the use of solitary confinement and the treatment of those with mental illness.

Administrative segregation is used when there is no reasonable alternative to maintain the safety and security of the institution, staff and inmates. It differs from disciplinary segregation, which is applied to inmates who are found guilty of a serious offence in custody.

It was an over-utilized tool, said Liberal MP Mark Holland, the parliamentary secretary to Public Safety Minister Ralph Goodale.

All of us were deeply saddened and heartbroken by some of the cases we heard, be it Ashley Smith or others.

The Correctional Service of Canada is also amending its policy to outlaw the practice in cases involving serious mental disorders or prisoners who are certified, those who are engaged in self-injury and those at risk of suicide.

Canadians expect our government to be smart on crime, to protect society and create safer communities, said Holland. Human custody and evidence-based rehabilitation and re-integration are at the core of strong new measures in criminal justice reform.

Under the current law, the Correctional Service of Canada is required to release prisoners from administrative segregation at the earliest possible time. The new law would establish an initial time limit of 21 days, and then 15 days once the legislation has been the law of the land for 18 months.

The legislation also proposes amending the Corrections and Conditional Release Act and the Abolition of Early Parole Act to make them compliant with the Charter of Rights and Freedoms.

That includes reinstating an oral hearing after a suspension, termination or revocation of parole.

The legislation would also allow offenders convicted of an offence before March 28, 2011, and who meet the criteria for accelerated parole, to once again be eligible for an accelerated parole review.

In 2014, the Supreme Court of Canada struck down retroactive changes to parole eligibility that were enacted by the previous Conservative government.

The unanimous ruling found that the Abolition of Early Parole Act was in clear breach of the Charter because it imposed new punishment on people who had already been tried and sentenced.

Marco Mendicino, Rayboulds parliamentary secretary, said the new legislation would also reinstate the right for an offender to get an oral hearing after their parole or statutory release is revoked.

Mendicino said the previous Conservative government revoked that right in 2012, leaving the discretion of whether to hold a hearing to a parole board member.

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Even Liberals Are Worried About Liberal Extremism – Fox News Insider

Posted: at 7:38 pm

Experts on extremism are increasingly shifting their focus from right-wing extremism to what they see as a rise of violence on the left, according to a new report.

"The past few months have seen enough of a rise in politically motivated violence from the far left that monitors of right-wing extremism have begun shifting their focus, and sounding the alarm," a report on Vice.com said.

Liberal violence has seen an uptick since President Trump was elected.

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The subject of left-wing violence reared its head last week after a Bernie Sanders supporter opened fire on congressional Republicans playing baseball last Wednesday, injuring five including House Majority Whip Steve Scalise (R-La.).

At UC Berkeley earlier this year, protesters started fires, attacked crowds of people, and smashed property.

Left-wing extremism is nothing new, the Vice.com report admitted, citing the Black Panthers and Weather Underground.

What were seeing is the democratization of extremism and the tactics of radicalism," said Brian Levin, former New York City police officer anddirector of California State University's Center for the Study of Hate and Extremism. Levin added that his warnings about the rising tensions have been dismissed in the past.

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BUDGET: Zinke, Perry on Hill this week as spending talks advance … – E&E News

Posted: at 7:38 pm

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George Cahlink and Kellie Lunney, E&E News reporters

Energy Secretary Rick Perry (left) and Interior Secretary Ryan Zinke are among the administration officials on Capitol Hill this week defending the president's budget. C-SPAN

Energy Secretary Rick Perry and Interior Secretary Ryan Zinke are due on Capitol Hill this week to defend their fiscal 2018 budget request as House Republicans scramble to set in motion a plan to pass a spending package before summer recess.

GOP leaders have been eyeing packaging all 12 annual spending bills in a single omnibus before the five-week break. That would allow the House to focus on tax reform in the fall and strengthen its hand in final spending talks with the Senate.

But lawmakers first will need to adopt a budget or a substitute deal to set domestic and defense discretionary spending levels. Without an accord, it would be much harder to move the omnibus.

"You can't have the cart get before the horse, you have to have the [budget] number," Rep. Jim Jordan (R-Ohio) said.

Negotiations have gone on for weeks in the House, but the Budget Committee has yet to schedule a markup something usually done in April or May. The administration's delay in delivering its spending plan affected the panel's planning.

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Rep. Ken Calvert (R-Calif.), chairman of the House Interior and Environment Appropriations Subcommittee, said last week the GOP is grappling with how to deal with strict budget caps set by the 2015 budget deal.

Calvert suggested there is broad support within the party for increasing defense spending, but he says doing so by cutting domestic accounts as some conservatives want would be "untenable."

If Congress does not raise the budget caps, overall discretionary spending would be cut by about $5 billion next year, according to the 2015 deal.

The House Appropriations Committee already signaled its interest in going beyond those caps by approving a fiscal 2018 military construction and veterans affairs spending bill that includes $6 billion more than last year's figure. That bipartisan bill is the first and so far only spending measure to surface this year.

House conservatives, particularly members of the hard-right Freedom Caucus, are among those pressing for deep cuts in mandatory spending programs, like welfare, in exchange for any domestic boost in 2018.

Those conservatives likely have the votes to block any fiscal 2018 spending bills if they do not win funding reductions.

Rep. Tom Cole (R-Okla.), a member of the Interior and Environment Appropriations Subcommittee, said the House would need a budget or spending framework this month to make its plans work.

But Democrats in both the House and Senate are already worried about the impact of delays in adopting a budget.

"Until you have a budget resolution, until you know what the allocation of the overall discretionary dollars are, you have no idea frankly what the ramifications of $6 billion extra" for military construction and veterans affairs are, said House Minority Whip Steny Hoyer (D-Md.) last week.

Hoyer warned that appropriators could slash programs in upcoming spending bills to make up the difference. "You give more to one, you've got to take more from another," he noted.

Democrats in the Senate have the same concerns.

"You bet I'm worried," Sen. Patty Murray told E&E News last week. The Washington Democrat sits on both the Budget and Appropriations committees.

"We are way late in this process, we are running fast into a September deadline, [and] putting ourselves in jeopardy with Trump already saying he wants to shut down government."

In early May, just after the government averted a shutdown, President Trump tweeted that the country could use a "good shutdown" in September, when the current fiscal year ends.

While there's talk of the House putting an omnibus spending bill on the floor before the August recess, Sen. Tom Udall (D-N.M.), ranking member of the Interior and Environment Appropriations Subcommittee, said he hasn't yet heard of a similar plan for the Senate.

"I think our plan right now is to either have individual appropriations bills or small minibuses at this point," he said.

Zinke, who will be defending his agency's $11.7 billion fiscal 2018 budget request, will likely receive a friendly reception from lawmakers, despite expected pushback from Democrats and Republicans on proposed cuts to popular programs, including the Land and Water Conservation Fund and payments in lieu of taxes (E&E Daily, May 26).

Questions about the administration's preference for more energy development over new federal land acquisition are a safe bet.

Democrats, including Cantwell and Rep. Ral Grijalva of Arizona ranking members of the Natural Resources panels in the Senate and House will likely seize on Zinke's recent secretarial order directing a review of sage grouse policies, as well as his review of 27 national monuments.

Zinke, a former Montana congressman, released his interim report on Bears Ears last week, recommending a to-be-determined reduction of the Utah monument's 1.35-million-acre footprint (E&E News PM, June 12).

Another flashpoint: the Bureau of Land Management's announcement last week that oil and gas companies don't have to comply with the Obama-era rule on methane venting, flaring and leaking on public and tribal lands, pending judicial review (Greenwire, June 14).

Senate Energy and Natural Resources Chairwoman Lisa Murkowski (R-Alaska) will no doubt ask Zinke about the department's proposal to open up a portion of the Arctic National Wildlife Refuge in Alaska to drilling, a route she has long championed.

On the other side of the Capitol, House Natural Resources Chairman Rob Bishop (R-Utah) will likely seek answers on how Congress can work with the executive branch to reform the 1906 Antiquities Act and shrink Bears Ears.

The Alaska Wilderness League will hold a media conference today, ahead of the budget hearings, to oppose drilling in ANWR (E&E Daily, May 24).

Energy Secretary Perry, who will be defending his agency's $28 billion budget request, is facing questions over proposed cuts, like scrapping the Advanced Research Projects Agency-Energy and slashing the Office of Energy Efficiency and Renewable Energy by 70 percent, from $2.1 billion to $636 million.

Supporters of the president's plan say the Department of Energy has shifted too far away from its core mission and needs rebalance. In budget documents, the administration said, "The private sector is better positioned to finance disruptive energy research."

But critics say independent analyses, such as one this month from the National Academies of Sciences, Engineering and Medicine on ARPA-E, show DOE funding plays a unique and needed role.

Lawmakers also are likely to press Perry on how the administration's stated goals such as support for the national laboratories and coal technology mesh with the budget proposal.

Under the request, research and development at the Office of Fossil Energy which oversees carbon capture and storage research would see its budget cut by more than half, from $668 million to $280 million. Funding at the Office of Science, which oversees the majority of the labs, would fall by about 17 percent, to $4.5 billion.

Also likely to come up is the administration's plan to eliminate the mixed oxide fuel fabrication facility in South Carolina, a program with GOP backing (E&E Daily, May 24).

One of the project's most vocal supporters, Sen. Lindsey Graham (R-S.C.), sits on the Senate Energy and Water Development Appropriations Subcommittee, which is hosting Perry this week.

The Energy chief might also face questions about nuclear waste, mainly the agency's proposed $120 million to work on resuming the licensing process for the controversial Yucca Mountain repository in Nevada.

Reporters Manuel Quiones, Christa Marshall and Sam Mintz contributed.

Schedule: The House Energy and Water Development Appropriations Subcommittee hearing on the Energy budget is Tuesday, June 20, at 1 p.m. in 2359 Rayburn.

Witness: Energy Secretary Rick Perry.

Schedule: The Senate Energy and Natural Resources Committee hearing on the Interior budget is Tuesday, June 20, at 10 a.m. in 366 Dirksen.

Witness: Interior Secretary Ryan Zinke.

Schedule: The House Financial Services and General Government Appropriations Subcommittee hearing on Office of Management and Budget spending is Wednesday, June 21, at 2 p.m. in 2359 Rayburn.

Witness: Office of Management and Budget Director Mick Mulvaney.

Schedule: The Senate Interior and Environment Appropriations Subcommittee hearing on the Interior budget is Wednesday, June 21, at 9:30 a.m. in 124 Dirksen.

Witnesses: Zinke; Olivia Barton Ferriter, deputy assistant Interior secretary for budget, finance, performance and acquisition; Denise Flanagan, director of Interior's Office of Budget.

Schedule: The Senate Defense Appropriations Subcommittee hearing on the Air Force budget is Wednesday, June 21, at 10:30 a.m. in 192 Dirksen.

Witnesses: Air Force Secretary Heather Wilson, Air Force Chief of Staff Gen. David Goldfein.

Schedule: The Senate Energy and Water Development Appropriations Subcommittee hearing on the Energy budget is Wednesday, June 21, at 2:30 p.m. in 138 Dirksen.

Witness: Perry.

Schedule: The House Natural Resources Committee hearing on the Interior budget is Thursday, June 22, at 9:30 a.m. in 1324 Longworth.

Witnesses: Zinke, Ferriter and Flanagan.

Schedule: The Senate Energy and Natural Resources Committee hearing on the Energy budget is Thursday, June 22, at 10 a.m. in 366 Dirksen.

Witness: Perry.

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BUDGET: Zinke, Perry on Hill this week as spending talks advance ... - E&E News

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