The brief was submitted in a case concerning Aimee Stephens, a transgender woman who was fired from a Detroit funeral home after she informed her employer that she was beginning her gender transition. The case, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission, et al., is one of three cases concerning LGBTQ workers’ rights that the Supreme Court is expected to hear this fall.
The brief, submitted by Solicitor General Noel J. Francisco and other Department of Justice attorneys, argues that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex and national origin, “does not bar discrimination because of transgender status.”
“In 1964, the ordinary public meaning of ‘sex’ was biological sex. It did not encompass transgender status,” the brief states. “In the particular context of Title VII — legislation originally designed to eliminate employment discrimination against racial and other minorities — it was especially clear that the prohibition on discrimination because of ‘sex’ referred to unequal treatment of men and women in the workplace.”
If the Supreme Court sides with the Trump administration, it will be overturning a decision by the 6th U.S. Circuit Court of Appeals, which sided with Stephens in March 2018.
“Discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII,” Judge Karen Nelson Moore wrote in the 6th Circuit’s decision. “The unrefuted facts show that the Funeral Home fired Stephens because she refused to abide by her employer’s stereotypical conception of her sex.”
Moore added that requiring the Christian business owner, Thomas Rost, “to comply with Title VII’s proscriptions on discrimination does not substantially burden his religious practice.”
Alliance Defending Freedom (ADF), the conservative legal group that had petitioned the high court to hear the Stephens case, said the lower court overstepped its bounds by “redefin[ing]” the term “sex” in Title VII to “mean something other than what Congress clearly intended.” Just hours before the Trump administration submitted its brief, ADF submitted one of its own, arguing that “judicially rewriting sex discrimination in Title VII will spill over into other federal laws that prohibit sex discrimination.”
“It will deny women and girls fair opportunities to compete in sports, to ascend to the winner’s podium, and to receive critical scholarships,” the ADF brief states. “It will also require domestic-abuse shelters to allow men to sleep in the same room as female survivors of rape and violence. And it may dictate that doctors and hospitals provide transition services even in violation of their religious beliefs.”
In addition to Stephens’ case, the Supreme Court is set to hear two cases dealing with workplace discrimination on the basis of sexual orientation. Those cases — Zarda v. Altitude Express and Bostock v. Clayton County — will be consolidated.
The Trump administration has made its position clear on the scope of sex discrimination in Title VII, so Friday’s amicus brief did not come as a surprise to those following the cases. In July 2017, the Department of Justice submitted an amicus brief with the 2nd U.S. Circuit Court of Appeals in the Zarda case opposing the extension of Title VII discrimination protections on the basis of sexual orientation. And in October 2018 — prior to the Supreme Court decision to hear the Stephens case — the DOJ filed a brief with the high court siding with the funeral home. In the Stephens case, the federal government is pitted against itself, since the Equal Employment Opportunity Commission is a defendant in the case.
The Supreme Court will hear the cases next term, which begins in October.
WASHINGTON — Informal discussions have begun on Capitol Hill about the possibility of creating a panel to scrutinize the Trump administration’s response to the coronavirus pandemic that would be modeled on the commission that investigated the terrorist attacks of Sept. 11, 2001, according to four people familiar with the discussions.
They described the discussions as “very preliminary” and involving mostly congressional Democrats.
One option could be a plan to review the administration’s response in the annual National Defense Authorization Act, two of the people said.
The review would focus on lessons learned about the government’s preparedness and what the administration could have handled better, they said, adding that the goal would be to come up with a better plan to handle a pandemic in the future.
A wholesale examination of the administration’s response could gain traction with the passing of a gruesome milestone Tuesday, when the number of deaths in the U.S. from the coronavirus surpassed the number of people who were killed on 9/11.
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But the formation of any commission, or possible congressional investigations, wouldn’t happen until after the country is through the crisis, the people familiar with the discussions said. Some lawmakers have suggested putting off any investigation until after November’s presidential election, they said.
The bipartisan 9/11 Commission was created by legislation signed into law by President George W. Bush to review the government’s preparedness for and response to the 2001 terrorist attacks. It was formed a year after the attacks and two years before Bush was up for re-election.
House Intelligence Committee Chairman Adam Schiff says he is working on a draft of a bill to form a commission.
After Pearl Harbor and 9/11, we looked at what went wrong to learn from our mistakes.
Once we’ve recovered, we need a nonpartisan commission to review our response and how we can better prepare for the next pandemic.
President Donald Trump has defended his administration’s handling of the pandemic, and his White House has repeatedly bucked congressional oversight.
The people familiar with the discussions said expectations are low for a review that has broad bipartisan support in Congress and the backing of the White House, particularly in an election year.
“I don’t know that you would get administration buy-in for something like that,” a senior administration official said. “Then, if the Democrats do one, it’s all one-sided.”
Any plan for a review that was tucked into the National Defense Authorization Act would require support from Senate Republicans and the White House.
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Separately, Congress wrote a number of accountability provisions into the third coronavirus relief bill, the CARES Act, to monitor the administration’s response and the distribution of billions of dollars of federal funds.
And the House Oversight and Reform Committee has already begun asking questions about the lack of access to testing early on in the crisis, even as Chairwoman Carolyn Maloney, D-N.Y., says the committee will dig deeply into the administration’s response after the crisis is over.
“The committee’s top priority is the health and safety of the American people, so we have been working to push the administration to identify and fix problems and to share more accurate information with the public,” Maloney said in a statement. “There is no doubt that the administration has mishandled this entire crisis, and our committee will certainly be engaged in robust oversight to review what happened and how to avoid these mistakes in the future.”
House Speaker Nancy Pelosi, D-Calif., raised the prospect of an investigation Sunday, saying Trump’s response cost lives and questioning whether he was leveling with Americans early on about the threat.
“What did he know, and when did he know it?” Pelosi asked in an interview on CNN. “That’s for an after-action review.”
Carol E. Lee
Carol E. Lee is an NBC News correspondent.
Courtney Kube is a correspondent covering national security and the military for the NBC News Investigative Unit.
WASHINGTON — Former Vice President Joe Biden is leading Vermont Sen. Bernie Sanders by over 30 points in Wisconsin, according to the latest Marquette University Law School poll released Wednesday. Per this poll, Biden garnered 65 percent support among likely Democratic voters versus Sanders’ 32 percent support.
Wisconsin’s primary, which is still scheduled to take place on April 7 despite the coronavirus pandemic, is one of the only contests still taking place in April — and it could be a stunning defeat for Sanders. In 2016, Sanders won the Wisconsin primary by 14 points. On Wednesday, Sanders called for the Wisconsin primary to be postponed, have early voting extended and encouraged people to vote by mail.
Despite lagging poll numbers, Sanders has said he will continue to assess his campaign and stay in the race. On Wednesday he said on MSNBC, “We’re taking a hard look at our campaign. We do have a narrow road, a path to victory. It’s going to be a tough fight.”
Biden has since said that there isn’t a need for more Democratic debates, but that he will not call for Sanders to exit the race.
The new poll also shows Biden just narrowly pushing ahead of President Trump in a general election match-up, where Sanders lags slightly behind Trump. Forty-eight percent of registered voters support Biden in a general election, with 45 percent supporting the president — however that falls within the poll’s 4.2-point margin of error. The poll’s February tracker showed the president and Biden tied in the state.
Wisconsin could become a must-win state for both the president and the eventual Democratic nominee. President Trump was the first Republican nominee to win Wisconsin since former President Ronald Reagan in 1984. And much of Biden’s campaign has been focused on restoring the so-called “Blue Wall” in Michigan, Wisconsin and Pennsylvania.
1d ago / 8:48 PM UTC
Laid off Bloomberg staffers docked taxes for campaign phones, computers
WASHINGTON — Laid off campaign staffers to Michael Bloomberg’s campaign who received their final paychecks on Tuesday were docked hundreds of dollars to cover taxes on their campaign-issued cellphone and laptop, three former Bloomberg campaign staffers told NBC News.
The deductions came as a lawsuit against the Bloomberg campaign, alleging that the campaign fraudulently promised jobs through November, has grown from one plaintiff to more than 50. The plaintiffs are seeking to get the case certified as a class action in seven states, a move that could raise the number of claimants to over a thousand.
Former staffers told NBC News that their paychecks were docked more than $400. The Bloomberg campaign had touted how they had lured top talent to the campaign with new iPhone 11s and MacBooks, and offered to let staff keep them when they were let go. A campaign spokesperson said staffers were told during the off-boarding process that they’d pay taxes on those items, but several former staffers said they did not realize that it would be automatically deducted from their remaining paychecks.
Sally Abrahamson, an attorney for the former staffers suing the campaign, said her firm, Outten & Golden, is now investigating the campaign’s deduction of “purported taxes on cell phones and laptops.”
“It doesn’t sound right. How can workers be expected to pay taxes on something they didn’t want?” Abrahamson told NBC News. “The law certainly doesn’t allow an employer to pay wages with anything but money.”
Earlier this month, Bloomberg abandoned his initiative to form an independent super PAC to absorb his presidential campaign and instead transferred $18 million to the Democratic National Committee. He laid off his staff of more than 2,400 people in that process and those staff members were invited to enter a competitive hiring process for a job at the DNC. Laid off staff will lose their health insurance at the end of April amid the coronavirus pandemic.
The lawsuit, filed by a former field organizer, alleges that Bloomberg’s campaign promised potential hires they’d have jobs through November regardless of who won the nomination. Many of the 50 additional plaintiffs who joined the lawsuit in an amended complaint filed in federal court Monday said they left other lucrative jobs and relocated across the country based on the campaign’s assurances.
A Bloomberg campaign spokesperson, responding to both the docked paychecks and the expanded lawsuit, re-issued the campaign’s statement from earlier in March.
“This campaign paid its staff wages and benefits that were much more generous than any other campaign this year,” the spokesperson said. “Staff worked 39 days on average, but they were also given several weeks of severance and healthcare through March, something no other campaign did this year.”
1d ago / 6:59 PM UTC
Democratic groups significantly outspending GOP groups on airwaves since coronavirus crackdown
WASHINGTON — Democratic candidates and aligned groups are outspending their Republican counterparts in the two weeks since President Trump announced guidelines aimed at slowing the spread of the coronavirus.
There’s been $23.5 million spent on political advertising from March 16 (the day the administration announced its “15 Days to Slow the Spread” guidelines) through Tuesday, with Democrats making up 69 percent of that ($16.2 million), Republicans making up 29 percent of that ($6.7 million), and independent groups filling in that last 2 percent.
All of these figures are from the ad-tracking firm Advertising Analytics.
Four of the top five biggest spenders over this period were Democrats:
Senate Majority PAC, the group aligned with Senate Democrats, has spent $3 million
Priorities USA Action, which is backing former Vice President Joe Biden’s presidential bid, has spent $2.8 million
One Nation, the non-profit aligned with Republican efforts particularly in the Senate, has spent $1.7 million
American Bridge 21st Century, the Democratic-aligned group that plays up and down the ballot, has spent $1.3 million
And Unite the Country, the pro-Biden super PAC, has spent $741,000
The ad with the second-most money behind it is from Vermont Independent Sen. Bernie Sanders’ presidential campaign, attacking Biden on Social Security and Medicare. Although both Biden and Sanders have wound down their ad spending to a virtual halt recently, Sanders spent $620,000 to run the ad over the time period. Virtually all of that came in the days surrounding the March 17 primaries, the ad has barely run since.
The Republican-aligned ad with the most spending behind it in recent weeks has been from One Nation, a spot that plays up Iowa Republican Sen. Joni Ernst’s work on prescription drugs. That spot has had $333,000 behind it since March 16.
During this time period, the top markets were the Portland-Aurburn market in Maine, Phoenix, and two markets in Florida covering Orlando and Tampa.
Maine is home to GOP Sen. Susan Collins’ re-election race; Arizona held its presidential primary on March 17 and has a competitive Senate race; and Florida also held its presidential primary on March 17.
1d ago / 4:19 PM UTC
Physician embraces his expertise while campaigning in the coronavirus era
WASHINGTON — As candidates across the country adjust to campaigning in the age of coronavirus, Dr. Cameron Webb sees an opportunity and is embracing his experiences as a physician and public health expert on the trail.
“It’s necessary to have the range of professional backgrounds represented in our legislature,” Webb told NBC News in a recent phone interview. “I think the expertise that I have is really useful in a moment like this.”
Webb hopes to be the first Democrat to fill Virginia’s fifth congressional seat since 2008, a GOP-held district the size of New Jersey that includes Charlottesville and much of central Virginia. A practicing physician and a public health sciences director at the University of Virginia’s medical school, he has made expanding affordable health care a major focus of his career and campaign.
“My job is to walk into rooms and ask people where it hurts,” Webb explained. “When you have a district that’s this diverse, that’s this broad, you have to be a really skilled listener in order to meet everybody’s needs.”
So far, the candidate thinks this strategy of listening to voters like he does with patients has been effective, and that his background allows him and his campaign to “model the leadership” required during the coronavirus crisis.
Webb, who serves on Virginia’s Medicaid board, remarked that he’s grateful for his state’s 2019 Medicaid expansion as the pandemic takes a toll on patients and businesses.
The candidate previously worked under both Presidents Obama and Trump as a White House Fellow serving on the health care team and a drug pricing task force. When speaking to NBC News, he compared Obama’s track record on public health to Trump’s, commenting that there are “very clear differences” in how this pandemic would play out under the former president.
Although Webb stressed that he won’t use the novel coronavirus as political leverage, he argued that the crisis reveals “other fault lines” in society and called out the American health care system for failing people.
“We’re seeing the lack of access to health care through the lens of this virus,” he said.
The fifth district is widely-considered a likely Republican seat and includes counties that pivoted from pro-Obama to pro-Trump but Webb doesn’t view the race as an “uphill battle.” The physician must beat out four other candidates in the Democratic primary before facing expected GOP competitor, Rep. Denver Riggleman, who won the district by almost seven percentage points in 2018.
The Riggleman campaign did not respond to a request for comment but the congressman’s Virginia distillery, Silverback, recently began producing hand sanitizer, which it’s offering for free to first responders and health care workers during the coronavirus outbreak.
Kyle Kondik, managing editor of Sabato’s Crystal Ball at the UVA Center for Politics, told NBC News last week that Republicans are favored to win the district but that it’s competitive enough to elect a Democrat “under the right circumstances.” He noted that Webb may “fit the moment.”
The Democratic primary is currently scheduled for June 9 and the district is on the Democratic Congressional Campaign Committee’s list of seats it aims to flip from red to blue.
1d ago / 1:11 PM UTC
Sanders: ‘There is a path’ to the nomination
READINGTON, N.J. — Vermont Sen. Bernie Sanders, who has been coy as of late about the future of his presidential campaign, told “Late Night” host Seth Myers on Monday he believes “there is a path” for him to win the Democratic nomination.
Sanders currently trails former Vice President Joe Biden by 312 delegates according to NBC News’ delegate tracker, and most of the Democratic primary races that occur in April have been pushed to later this Spring or Summer due to the coronavirus pandemic. But on Monday, Sanders touted his grassroots support which helped him earned first place finishes in a number of the early voting states, including delegate-rich California.
“There is a path. It is admittedly a narrow path,” Sanders said.
He added, “We have a strong grassroots movement who believe that we have got to stay in, in order to continue the fight to make the world know that we need Medicare for All, that we need to raise the minimum wage to a living wage, that we need paid family and medical leave,” Sanders said.
But Sanders did repeat his promise that he would support Biden if he himself is not the nominee.
“We’re seeing just how dangerous [President Trump] is with all of the misinformation that he is providing during this Coronavirus pandemic,” Sanders said, “So, yes, we have got to defeat Trump.”
Earlier this month when asked about the future of his campaign, Sanders said he was “focused” on coronavirus legislation, and heatedly told reporters that that he was not interested in answering campaign questions.
“I’m dealing with a f****** global crisis. You know? We’re dealing with it and you’re asking me these questions,” Sanders told reporters earlier this month.
After suffering a series of losses in primary states in March, Sanders campaign manager Faiz Shakir told reporters the senator was “going to be having conversations with supporters to assess his campaign” from Burlington, Vt. which is where Sanders has been when he was not voting in the Senate.
2d ago / 9:34 PM UTC
Republican, Democratic super PACs place initial ad buys in fight for Senate
WASHINGTON — Key Republican and Democratic super PACs have announced big spending plans in the fight for the Senate majority.
Both the Senate Majority PAC and the Senate Leadership Fund, groups aligned with top Democratic and Republican leaders respectively, have announced their first round of television advertising investments in recent days. The groups are focusing on five of the same states — Arizona, Colorado, Iowa, Maine and North Carolina — with Senate Leadership Fund spending in Kentucky as well.
SLF is booking $67.1 million, the group announced in a press release last week. And SMP is booking $69.2 million, it said in a press release Monday.
North Carolina is the beneficiary of the most early ad booking, with the Democratic SMP announcing plans to reserve $25.6 million there and the Republican SLF planning to book $21.8 million. There, Republican Sen. Thom Tillis will take on Democratic former state Sen. Cal Cunningham.
An NBC News/Marist University poll taken in late February of that race showed Cunningham up 5 points on Tillis among registered voters, 48 percent to 43 percent, within the margin of error. That poll took place just before the state’s primary.
The race receiving the next-most early booking dollars is Iowa, where Republican Sen. Joni Ernst is defending her seat against whichever Democrat wins the primary currently scheduled for June 2.
Ernst’s favorability rating fell to 47 percent among Iowa adults in the March Des Moines Register/Mediacom Iowa Poll, but 41 percent of likely voters said they’d definitely vote to re-elect Ernst compared to 31 percent who said they’d definitely vote for someone else.
Close behind in that early-spending figure is Arizona, where SMP is booking $15.7 million and SLF is booking $9.2 million through an affiliate group called Defend Arizona. There, Republican Sen. Martha McSally is looking to win the rest of the term vacated by the death of the late Republican Sen. John McCain.
While McSally lost the state’s 2018 Senate race, she was appointed to fill McCain’s seat after his death. A recent Monmouth University poll had Kelly up 6 points over McSally among registered voters, within the margin of error.
Then there’s Maine, which has already been home to a significant bevy of television ad spending by other outside groups. SMP is booking $9.6 million there while SLF is booking $7.2 million ahead as Republican Sen. Susan Collins seeks to defend her seat. The top Democrat in that race is state House Speaker Sarah Gideon, but Betsy Sweet, the former director of the Maine Women’s Lobby, is also running.
The groups are also going toe-to-toe in Colorado, where Republican Sen. Cory Gardner is expected to take on former Democratic Gov. John Hickenlooper. The Democratic SMP plans to book $5.2 million there, with the Republican SLF booking $5.5 million.
And SLF is also putting $10.8 million in early television spending into Kentucky through another affiliated group, Keep Kentucky Great. There, Senate Majority Leader Mitch McConnell is running for reelection and will likely face off against Marine veteran Amy McGrath.
These totals don’t include what’s expected to be a large digital presence by both groups, and the investments are likely to change as it gets closer to election day, with groups moving money around or injecting more money into competitive races.
2d ago / 9:08 PM UTC
NYC Democratic House candidate announces positive COVID-19 test
WASHINGTON — New York City Democratic House candidate Suraj Patel has tested positive for COVID-19, he confirmed in a new statement Monday.
Patel, one of the candidates featured in a recent MTP Blog story about how the new social distancing guidelines and the threat of coronavirus has fundamentally upended House campaigns, disclosed his positive test in a new statement posted on social media and on the blogging platform Medium.
He said he began developing symptoms earlier this month — which he described as “troubling tightness in my chest and difficulty breathing followed by a regular fever of 102 degrees. Patel lives with two doctors, one of whom is his brother, which he said underscored the need for him to test to see if had COVID-19, the disease caused by coronavirus, so that his roommates would know whether they were at risk.
Patel said that ultimately, he and his two housemates all tested positive. But he’s now “fully recovered” and “asymptomatic.”
“New Yorkers and Americans at large are stepping up in a tremendous unified way. We know how important it is to our most vulnerable populations that we slow the growth of this COVID epidemic. But as this becomes less abstract and more personal — when people’s loved ones start to show symptoms — human nature is such that we are going to want certainty and safety,” Patel wrote, before calling for universal COVID testing.
“The only proven way to slow and eventually stop this pandemic is to have an accurate picture of who has had the disease, who currently has it, and who is still at risk. Social distancing and the strong leadership of Governor Cuomo and others is buying us vital time, but the question is what is our federal government doing with the time that the sacrifices of so many Americans are buying them?” he wrote.
“If we fail to universally test, we face an indefinite amount of time in social distancing, only to see new cases of the virus arise when we ultimately return to normal life.”
Patel is running in the Democratic primary against longtime Rep. Carolyn Maloney.
2d ago / 5:40 PM UTC
Texas Republicans back Lt. Governor on controversial coronavirus comments
HOUSTON — Republican leaders in Texas are defending Lt. Gov. Dan Patrick’s controversial comments on coronavirus as illustrative of his love of country, even as others see those comments as reckless amid a national crisis.
Patrick, a Republican and popular former conservative radio host, drew headlines last week when he said he supported President Trump’s call to restart the U.S. economy as quickly as possible despite the ongoing spread of the virus.
The virus has proven most deadly to older people and those with underlying conditions, which means many of those being treated or hospitalized are elderly. Texas has almost 3,000 cases of Covid-19, the illness produced by the coronavirus, according to NBC News. Some 47 people have died.
Emphasizing the need to “get back to work,” Patrick told Fox News host Tucker Carlson, “those of us who are 70 plus, we’ll take care of ourselves, but don’t sacrifice the country.”
Patrick, who turns 70 this week, added, “No one reached out to me and said, ‘As a senior citizen, are you willing to take a chance on your survival in exchange for keeping the America that America loves for its children and grandchildren?’ And if that is the exchange, I’m all in.”
Patrick’s comments sparked backlash online, spurring hashtags including, #NotDyingforWallStreet and #TexasDeservesBetter. But in Texas, prominent Republicans said Patrick has a point.
“He’s really telling a story which is, you know, he wants to make sure there’s an American economy for people to come home to,” Houston area state Sen. Paul Bettencourt, 61, told NBC News. “That’s a big worry. The virus is a big worry, but then the next worry is, ‘do I have a job.’”
McKinney-area state Sen. Angela Paxton, 57, told NBC News: “We want to protect people and keep them healthy. Everyone is going to agree on that. How do we do it, that’s where there’s differences.”
She added, “But I think on the other hand, there’s no one that is going to say, it doesn’t matter if we destroy our economy.”
The mayor of Fort Worth, Betsy Price, a 70-year old grandmother of six, said that while the economy is a concern so is respect for the value of life.
“My children and my grandchildren are certainly not ready for their Tootsie to go anywhere or to put myself at risk,” Price said.
“I don’t know what talent he would sacrifice? Is it young talent? Is it the experience in seniors? Or where is it?“ Price said. “I just can’t quite get a handle around that.”
Other Texas GOP leaders suggested Patrick had been talking about a sacrifice he would be willing to make — not asking the rest of the country to do so.
“He was talking about himself,” Denton-area state Sen. Pat Fallon, 52, said. “He perfectly has every right to say, ‘I love this country so much that I would sacrifice, if I had to, my own well-being, to ensure the prosperity and opportunity that I had that my kids and grandkids could have.’ And I think it’s very noble.”
Not everyone is convinced, particularly Republicans who have been critical of Trump’s pull on their party.
“He’s a public official, he knows what he says has policy implications and it’s absurd to think that he just meant himself,” said Rick Tyler, a former aide to Texas Republican Sen. Ted Cruz and MSNBC political analyst who has frequently criticized President Trump.
John Weaver, a Texan and longtime Republican political strategist who has since founded a group that’s aimed at defeating Trump in November, argues Patrick wouldn’t actually be among the most vulnerable if restrictions were lifted. Texans who live along the US-Mexico border or lack access to adequate care, Weaver said, would be the ones who suffer.
“He’s talking about those people in the valley, who don’t have health insurance because they blocked the expansion of healthcare in this state. He’s talking about people in parts of Houston where, because of density and lack of healthcare, they’re more at risk.” Weaver said. “He’s not talking about himself.”
“There’s no real public policy out there where people are going to say, ‘Fine, we’ll get the economy moving again at the expense of 2 percent of the population,’” Weaver added.
In a statement released the day after the Fox News interview, Patrick seemed to reframe his message away from senior citizens potentially sacrificing their lives.
“When you close the doors of every business in America, you cannot help but destroy the economy and with it, the opportunity for the next generation to live the American dream,” the statement said.
2d ago / 3:43 PM UTC
Here’s what the Democratic presidential primary schedule looks like in the age of coronavirus
WASHINGTON — States continue to postpone Democratic presidential caucuses and primaries as the threat of coronavirus looms large and White House social distancing guidelines remain in place for another month.
All presidential contests before March 17 were held as scheduled but the list of states that have altered voting plans due to the novel coronavirus is extensive.
Here’s the modified schedule so far listed by original contest date.
Arizona primary (held)
Florida primary (held)
Illinois primary (held)
Ohio primary: now set to be an all-mail election on April 28
Georgia primary: postponed to May 19.
Puerto Rico primary: postponed to April 26 at the earliest.
Alaska Democratic Party-Run primary: in-person voting plans scrapped in favor of all-mail voting with the deadline on April 10.
Hawaii Democratic Party-Run primary: in-person voting plans scrapped in favor of all-mail voting with a deadline of May 22.
Louisiana primary: postponed to June 20.
Wyoming Caucuses: in-person caucuses suspended in favor of mail. The deadline is April 17.
Connecticut primary: postponed to June 2.
Delaware primary: postponed to June 2.
Maryland primary: postponed to June 2.
New York primary: postponed to June 23.
Pennsylvania primary: postponed to June 2.
Rhode Island primary: postponed to June 2, will be “primarily” by mail.
Saturday, May 2
Kansas Party-Run primary (DNC considers this a caucus)
Tuesday, May 5
Indiana primary: postponed to June 2.
Tuesday, May 12
West Virginia primary
Tuesday, May 19
Kentucky primary: postponed to June 23.
Tuesday, June 2
New Jersey primary
New Mexico primary
South Dakota primary
Washington, D.C. primary
Saturday, June 6
Virgin Island caucuses
3d ago / 6:14 PM UTC
New Biden digital ad argues Trump’s ‘ego will cost lives’ to coronavirus
WASHINGTON – The Biden campaign is issuing a cautious warning about President Donald Trump’s leadership in a new video, saying that his “ego will cost lives” in the fight against coronavirus.
In a digital video posted to Twitter and Facebook Saturday evening, the campaign uses Trump’s own words during a White House press briefing, where he admitted to telling Vice President Mike Pence not to call Michigan Gov. Gretchen Whitmer and Washington Gov. Jay Inslee, two Democrats, because he is “wasting” his time speaking with them.
“You don’t want to call the governor of Washington? You know what I say? If they don’t treat you right, I don’t call,” the video shows Trump saying.
In response, the campaign posts text on the screen over horror-movie like music that say, “His failure will cost lives. His downplaying will cost lives. His incompetence will cost lives. His ego will cost lives.”
The digital video, which is currently not a paid ad, already has about 5 million views on Twitter and thousands of engagements on Facebook and Instagram.
Biden has spent the past week criticizing Trump for his slow response to preventing the spread of the COVID-19, often pointing to numerous examples of Trump downplaying the seriousness of it earlier this year. The claims in the video are the furthest the campaign has gone in sharply pointing out how Trump’s continued approach to leading the effort could lead to American deaths.
On “Meet the Press” Sunday, Biden’s criticisms of the president were not as aggressive as his campaign’s.
While his campaign has repeatedly warned that Trump’s reaction to the crisis could cost American lives, Biden says he thinks it would be “too harsh” to say Trump has blood on his hands.
“He should stop thinking out loud and start thinking deeply. He should start listening to the scientists before he speaks. He should listen to the health experts. He should listen to his economists,” Biden said.
Whitmer also deflected Trump’s direct attacks against her in a “Meet the Press” interview.
“I’ve talked to the vice president a number of times. We’re working with everyone from the White House on down through FEMA, DHS, the Army Corps of Engineers because it’s got to be all hands on deck. We are not one another’s enemies. The enemy is the virus,” she said on Meet the Press.
4d ago / 3:29 PM UTC
Joe Biden leads Donald Trump in latest national poll
WASHINGTON — Former Vice President Joe Biden leads President Donald Trump by nine points in the latest Fox News general election poll. The poll, released Saturday, shows Biden garnering 49 percent support of registered voters, and Trump at 40 percent — pushing Biden outside the poll’s three-point margin of error.
The subsection groups show even stronger support for Biden. Suburban women, a key group in the 2018 midterms, support Biden over Trump by a 57-34 point margin. Biden also won self-described “moderates” with 53 percent support — Trump garnered just 24 percent support from the same group.
The Fox News poll shows overall stability of Biden’s support. In their February poll, Biden led Trump 49-41 percent, and in January he led 50-41 in the same poll. However, this is the first Fox News poll to also measure support of potential general election tickets.
Biden announced at the last Democratic presidential debate that he would choose a woman as his running mate. Registered voters seem to agree with that decision — in this poll, 63 percent of registered voters approve of that choice. And of three potential female senators Biden could pick, each ticket leads the Republican Trump-Pence ticket.
Fox News polled Biden with California Sen. Kamala Harris, Massachusetts Sen. Elizabeth Warren and Minnesota Sen. Amy Klobuchar — all former presidential candidates in this cycle. Harris and Klobuchar have since endorsed Biden, while Warren has yet to endorse either Biden or Vermont Sen. Bernie Sanders.
According to this poll, a Biden-Harris ticket and a Biden-Klobuchar ticket beat Trump-Pence with a 50 to 42 percent margin. A potential Biden-Warren ticket had a larger margin of victory at 52-42 percent support. All three ticket victories were outside of the poll’s margin for error.
The Fox News poll was conducted between March 21 and 24.
WASHINGTON — More than three dozen Democratic senators are pressuring the Trump administration to rescind or clarify new guidance that tells seniors to file a tax return to receive a stimulus payment.
Led by Maggie Hassan of New Hampshire and Sherrod Brown of Ohio, the senators wrote a letter Wednesday taking issue with IRS guidelines that say seniors who don’t submit returns “will need to file a simple tax return to receive an economic impact payment” under the coronavirus package.
The agency mentioned Social Security recipients in that category, which has caused confusion among some elderly Americans — an estimated 64 million Americans received Social Security benefits last year, and many aren’t required to file tax returns.
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“This filing requirement would place a significant burden on retired seniors and individuals who experience disabilities, especially given the current unavailability of tax filing assistance from Volunteer Income Tax Assistance and Tax Counseling for the Elderly programs during the COVID-19 crisis,” the senators wrote in the letter to Treasury Secretary Steven Mnuchin and Social Security Commissioner Andrew Saul, which was first reported by NBC News.
They called on the IRS to make the payments automatic without requiring seniors to file returns.
The signatories include Senate Minority Leader Chuck Schumer of New York, Minority Whip Dick Durbin of Illinois, Ron Wyden of Oregon, the ranking member of the Finance Committee, Democratic presidential candidate Bernie Sanders, I-Vt., and former candidates Elizabeth Warren of Massachusetts and Amy Klobuchar of Minnesota.
Hassan’s office argued that IRS guidance goes against the language of the law, which states that for non-tax-filing seniors, Treasury may use Social Security statements like forms SSA-1099 or RRB-1099 to determine eligibility and make payments.
It is unclear whether the IRS will fall back on those Social Security statements or whether failure to file at least a simple tax return will disqualify elderly Americans.
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A spokesperson for the IRS said Wednesday afternoon that the agency had nothing to add to its guidelines from Monday but to watch for updates.
The relief payments to help Americans through the COVID-19 emergency are available to individuals who earn less than $99,000 or married couples who make up to $198,000. They max out at $1,200 per person.
Chuck Marr, a tax policy expert at the progressive-leaning Center on Budget and Policy Priorities, estimated that more than 15 million Social Security beneficiaries “who currently don’t file tax returns and aren’t otherwise required to do so would have to file, if Treasury doesn’t use its authority to get those people payments automatically.”
Sahil Kapur is a national political reporter for NBC News.