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No. 19-5331 in the UNITED STATES COURT of APPEALS for the DISTRICT of COLUMBIA C
USCA Case #19-5331 Document #1871493 Filed: 11/16/2020 Page 1 of 87 [ORAL ARGUMENT SCHEDULED FOR FEBRUARY 23, 2021] No. 19-5331 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT COMMITTEE ON THE JUDICIARY OF THE UNITED STATES HOUSE OF REPRESENTATIVES, Plaintiff-Appellee, v. DONALD F. MCGAHN, II, Defendant-Appellant. On Appeal from the United States District Court for the District of Columbia EN BANC BRIEF FOR APPELLANT JEFFREY BOSSERT CLARK Acting Assistant Attorney General SOPAN JOSHI Senior Counsel to the Assistant Attorney General MARK R. FREEMAN MICHAEL S. RAAB COURTNEY L. DIXON DENNIS FAN Attorneys, Appellate Staff Civil Division, Room 7243 U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 (202) 353-8189 USCA Case #19-5331 Document #1871493 Filed: 11/16/2020 Page 2 of 87 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to D.C. Circuit Rule 28(a)(1), the undersigned counsel certifies: A. Parties and Amici The defendant-appellant is Donald F. McGahn, II. The plaintiff-appellee is the Committee on the Judiciary of the United States House of Representatives. Amici curiae in this Court are: Republican legal experts, former government officials, and former members of Congress (Steve Bartlett, Jack Buechner, Tom Coleman, George Conway III, Mickey Edwards, Stuart Gerson, Gordon Humphrey, Bob Inglis, James Kolbe, Steven Kuykendall, Jim Leach, Mike Parker, Thomas Petri, Trevor Potter, Reid Ribble, Jonathan Rose, Paul Rosenzweig, Peter Smith, J.W. Verret, Dick Zimmer); James Murray; former members of Congress and former Executive Branch officials (Thomas Andrews, William Baer, Brian Baird, Michael Barnes, John Barrow, Douglas Bereuter, Howard Berman, Rick Boucher, Barbara Boxer, Bruce Braley, Carol Mosley Braun, Roland Burria, Lois Cappa, Jean Carnahan, Robert Carr, Rod Chandler, Linda Chavez, Bill Cohen, James Cole, Jerry Costello, Mark S. -
The Long Red Thread How Democratic Dominance Gave Way to Republican Advantage in Us House of Representatives Elections, 1964
THE LONG RED THREAD HOW DEMOCRATIC DOMINANCE GAVE WAY TO REPUBLICAN ADVANTAGE IN U.S. HOUSE OF REPRESENTATIVES ELECTIONS, 1964-2018 by Kyle Kondik A thesis submitted to Johns Hopkins University in conformity with the requirements for the degree of Master of Arts Baltimore, Maryland September 2019 © 2019 Kyle Kondik All Rights Reserved Abstract This history of U.S. House elections from 1964-2018 examines how Democratic dominance in the House prior to 1994 gave way to a Republican advantage in the years following the GOP takeover. Nationalization, partisan realignment, and the reapportionment and redistricting of House seats all contributed to a House where Republicans do not necessarily always dominate, but in which they have had an edge more often than not. This work explores each House election cycle in the time period covered and also surveys academic and journalistic literature to identify key trends and takeaways from more than a half-century of U.S. House election results in the one person, one vote era. Advisor: Dorothea Wolfson Readers: Douglas Harris, Matt Laslo ii Table of Contents Abstract…………………………………………………………………………………....ii List of Tables……………………………………………………………………………..iv List of Figures……………………………………………………………………………..v Introduction: From Dark Blue to Light Red………………………………………………1 Data, Definitions, and Methodology………………………………………………………9 Chapter One: The Partisan Consequences of the Reapportionment Revolution in the United States House of Representatives, 1964-1974…………………………...…12 Chapter 2: The Roots of the Republican Revolution: -
Congressional Directory TEXAS
246 Congressional Directory TEXAS TEXAS (Population 2000, 20,851,820) SENATORS KAY BAILEY HUTCHISON, Republican, of Dallas, TX; raised in La Marque, TX; edu- cation: graduate of The University of Texas at Austin, and University of Texas School of Law; Texas House of Representatives, 1972–76; appointed vice chair of the National Transportation Safety Board, 1976; senior vice president and general counsel, RepublicBank Corporation, and later co-founded Fidelity National Bank of Dallas; owned McCraw Candies, Inc.; political and legal correspondent for KPRC–TV, Houston; religion: Episcopalian, married: Ray Hutchison; member: development boards of SMU and Texas A&M schools of business; trustee of The Uni- versity of Texas Law School Foundation; elected Texas State Treasurer, 1990; committees: Ap- propriations; Commerce, Science and Transportation; Rules and Administration; Veterans’ Af- fairs; elected to the U.S. Senate, by special election, on June 5, 1993, to fill the vacancy caused by the resignation of Senator Lloyd Bentsen; reelected to each succeeding Senate term. Office Listings http://hutchison.senate.gov 284 Russell Senate Office Building, Washington, DC 20510 .................................... (202) 224–5922 Chief of Staff.—Ruth Cymber. FAX: 224–0776 Legislative Director.—Joseph Mondello. State Director.—Lindsey Parham. 961 Federal Building, 300 East 8th Street, Austin, TX 78701 ................................... (512) 916–5834 10440 North Central Expressway, Suite 1160, LB 606, Dallas, Texas 75231 .......... (214) 361–3500 1919 Smith Street, Suite 800, Houston, TX 77024 ..................................................... (713) 653–3456 222 E. Van Buren, Suite 404, Harlingen, TX 77002 .................................................. (956) 423–2253 500 Chestnut Street, Suite 1570, Abilene, Texas 79602 ............................................. (325) 676–2839 145 Duncan Drive, Suite 120, San Antonio, Texas 78230 ........................................ -
26124 TTU Accom
Report to the Regents From the Texas Tech University Office of the President Eight Students Attend Ethical Leadership Conference exas Tech University President Jon Whitmore selected eight students to attend the annual Student TEthical Leadership Conference recently in Austin. The conference is hosted by the Center for Ethical Leadership in the Lyndon B. Johnson School of Public Affairs at the University of Texas. Students attending ments include Davia Ann Gernand, a mechanical engineering major from Bellaire; Danielle Ivey, a February 2005 zoology/premed major from Austin; Bruce Bills, a business information management systems major ■ from Earth; Kristen Morrow, a music education and clarinet performance major from El Paso; Emily Ehrlich, a marketing major from Perryton; Michael Hess, a history major from Round Rock; Corey Chapman, an architecture major from Dallas; and Jeremy Neurohr, honors program management major from Mesquite. Texas Tech University Names 10 Students as Congressional Interns for 2005 The new interns include these students: the office of U.S. Rep. Randy Neugebauer of Lubbock. Number Eight ■ ■ ■ Joshua J. Baca, a senior political science Jennifer Justice, a senior sociology and plish major from Las Vegas, N.M., who will work in the criminology major from Richardson, who will work office of U.S. Rep. Heather Wilson of Albuquerque, in the office of U.S. Rep. Sheila Jackson Lee of N.M. Houston. ■ Catherine Cardona, a senior political ■ Leticia Leyva, a senior microbiology and science major from Mathis, who will work in the chemistry major from Roby, who will work in the office of U.S. Rep. Kenny Marchant of Irving. -
Congressional Scorecard 109Th Congress 2 0 0 5 - 2006
IRANIAN AMERICAN POLITICAL ACTION COMMITTEE Congressional Scorecard 109th Congress 2 0 0 5 - 2006 Please visit us on the web at www.iranianamericanpac.org About IAPAC IAPAC is a registered bipartisan political action committee that contributes to candidates for public office who are attuned to the domestic concerns of the Iranian American community. IAPAC focuses exclusively on domestic policy issues such as civil rights and immigration, and it encourages Americans of Iranian descent to actively participate in civic affairs. Mission • To support and promote the election of candidates for federal, state and local office, regardless of party affiliation, who are attuned to the domestic needs and issues of the Iranian American community • To support and promote Iranian American participation in civic affairs Issue Advocacy Civil Liberties: Balancing Civil Liberties and National Security in the Post-9/11 Era. Protecting our security and ensuring that the government does not infringe upon basic constitutional rights have long been important issues for civil libertarians and certain ethnic communities. IAPAC believes that our government must take the appropriate measures to protect our nation from further atrocities, but that it can do so without eliminating basic constitutional rights. Immigration: Immigration reform that is driven by proper national security concerns and remedies based on a fair and accurate appraisal of deficiencies in the immigration process, and not simply on national origin. Specifically, IAPAC advocates for a fair and measured execution of federal regulations governing the issuance of non-immigrant and immigrant visas for Iranian nationals. Congressional Scorecard The IAPAC 2005-2006 Congressional Scorecard rates members of Congress on votes and other positions taken in the House of Representatives and the Senate in the 109th Congress, which affect the domestic needs of the Iranian American community. -
Congressional Committees Roster
HOUSE AND SENATE COMMITTEE MEMBERSHIP Provided below are House and Senate Committee membership rosters with jurisdiction over health programs as of Friday, November 17, 2006. At the time of this printing, only the Senate Democrats have released their Committee assignments. Assignments for the House Committees will not take place until December when Congress reconvenes in the lame-duck session. However, most Members of Congress who were on the Committees before the election will continue to serve. Members whose names are crossed out will not be returning in the 110th Congress. Members whose names are underlined, indicates that they have been added to the Committee. Senate Appropriations Committee Majority Minority Robert C. Byrd, WV - Chair Thad Cochran, MS - Rnk. Mbr. Daniel K. Inouye, HI Ted Stevens, AK Patrick J. Leahy, VT Arlen Specter, PA Tom Harkin, IA Pete V. Domenici, NM Barbara A. Mikulski, MD Christopher S. Bond, MO Harry Reid, NV Mitch McConnell, KY Herbert H. Kohl, WI Conrad Burns, MT Patty Murray, WA Richard C. Shelby, AL Byron L. Dorgan, ND Judd Gregg, NH Dianne Feinstein, CA Robert F. Bennett, UT Richard J. Durbin, IL Larry Craig, ID Tim P. Johnson, SD Kay Bailey Hutchison, TX Mary L. Landrieu, LA Mike DeWine, OH Jack Reed, RI Sam Brownback, KS Frank Lautenberg NJ Wayne A. Allard, CO Ben Nelson, NE Senate Budget Committee Majority Minority Kent Conrad, ND - Chair Judd Gregg, NH - Rnk. Mbr. Paul S. Sarbanes, MD Pete V. Domenici, NM Patty Murray, WA Charles E. Grassley, IA Ron Wyden, OR Wayne A. Allard, CO Russ Feingold, WI Michael B. -
CONGRESSIONAL RECORD— Extensions Of
E1708 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2008 garnered Illinois State Player of the Year hon- Nevertheless, receiving that award has always that day, our world survived the tyranny of ors and led his team to a State championship been a source of deep humility to me, be- Adolf Hitler. Lieutenant Colonel Rudder, this in 2001. He then went on to Pepperdine Uni- cause I know that I could not even walk in the great Aggie and American, didn’t stop there. versity, where he became one of their top shadows of this great American’s shoes. He went on to lead a unit in the Battle of the players and helped lead them to a national I want to salute the school board members, Bulge and became one of the most decorated championship in 2005. After graduating in Superintendent Cargill, Principal Piatt, and all veterans of World War II. 2005, Sean continued to pursue his love of who made this new school possible. James Having every right to say his public service the sport, playing professionally for 2 years. Earl Rudder High School is far more than was completed at the end of World War II, Then, Sean was selected to represent his brick, glass, and mortar, because a school Earl Rudder did what so many of America’s country on the international stage as a mem- represents the very best of our values as a veterans have done throughout our history. He ber of the United States’ Men’s Indoor community. This school represents the com- spent the rest of his life in service to others Volleyball Team in the Games of the XXIX mitment of one generation to the next. -
Congressional Directory TEXAS
246 Congressional Directory TEXAS TEXAS (Population 2000, 20,851,820) SENATORS KAY BAILEY HUTCHISON, Republican, of Dallas, TX; raised in La Marque, TX; edu- cation: graduate of The University of Texas at Austin, and University of Texas School of Law; Texas House of Representatives, 1972–76; appointed vice chair of the National Transportation Safety Board, 1976; senior vice president and general counsel, RepublicBank Corporation, and later co-founded Fidelity National Bank of Dallas; owned McCraw Candies, Inc.; political and legal correspondent for KPRC–TV, Houston; religion: Episcopalian, married: Ray Hutchison; member: development boards of SMU and Texas A&M schools of business; trustee of The Uni- versity of Texas Law School Foundation; elected Texas State Treasurer, 1990; committees: Ap- propriations; Commerce, Science and Transportation; Rules and Administration; Veterans’ Af- fairs; elected to the U.S. Senate, by special election, on June 5, 1993, to fill the vacancy caused by the resignation of Senator Lloyd Bentsen; reelected to each succeeding Senate term. Office Listings http://hutchison.senate.gov 284 Russell Senate Office Building, Washington, DC 20510 .................................... (202) 224–5922 Chief of Staff.—Ruth Cymber. FAX: 224–0776 Legislative Director.—Joseph Mondello. State Director.—Lindsey Parham. 961 Federal Building, 300 East 8th Street, Austin, TX 78701 ................................... (512) 916–5834 10440 North Central Expressway, Suite 1160, LB 606, Dallas, Texas 75231 .......... (214) 361–3500 1919 Smith Street, Suite 800, Houston, TX 77024 ..................................................... (713) 653–3456 222 E. Van Buren, Suite 404, Harlingen, TX 77002 .................................................. (956) 423–2253 500 Chestnut Street, Suite 1570, Abilene, Texas 79602 ............................................. (325) 676–2839 145 Duncan Drive, Suite 120, San Antonio, Texas 78230 ........................................ -
106Th Congpicdir Texas
TEXAS Sen. Phil Gramm Sen. Kay Bailey Hutchison of College Station of Dallas Republican—Jan. 3, 1985 Republican—June 5, 1993 Max Sandlin Jim Turner of Marshall (1st District) of Crockett (2d District) Democrat—2d term Democrat—2d term 127 TEXAS Sam Johnson Ralph M. Hall of Dallas (3d District) of Rockwall (4th District) Republican—5th term Democrat—10th term Pete Sessions Joe Barton of Dallas (5th District) of Ennis (6th District) Republican—2d term Republican—8th term 128 TEXAS Bill Archer Kevin Brady of Houston (7th District) of The Woodlands (8th District) Republican—15th term Republican—2d term Nick Lampson Lloyd Doggett of Beaumont (9th District) of Austin (10th District) Democrat—2d term Democrat—3d term 129 TEXAS Chet Edwards Kay Granger of Waco (11th District) of Fort Worth (12th District) Democrat—5th term Republican—2d term William (Mac) Thornberry Ron Paul of Clarendon (13th District) of Surfside Beach (14th District) Republican—3d term Republican—6th term* 130 TEXAS Rubén Hinojosa Silvestre Reyes of Mercedes (15th District) of El Paso (16th District) Democrat—2d term Democrat—2d term Charles W. Stenholm Sheila Jackson Lee of Abilene (17th District) of Houston (18th District) Democrat—11th term Democrat—3d term 131 TEXAS Larry Combest Charles A. Gonzalez of Lubbock (19th District) of San Antonio (20th District) Republican—8th term Democrat—1st term Lamar S. Smith Tom DeLay of San Antonio (21st District) of Sugar Land (22d District) Republican—7th term Republican—8th term 132 TEXAS Henry Bonilla Martin Frost of San Antonio (23d District) of Dallas (24th District) Republican—4th term Democrat—11th term Kenneth F. -
30532 Hon. Donald A. Manzullo Hon. Jim Turner Hon. Henry Bonilla Hon. Pete Sessions
30532 EXTENSIONS OF REMARKS November 17, 1999 carefully regimented days there, he has CELEBRATING THE 134TH ANNI- RECOGNIZING THE U.S. BORDER made up two grade levels in his schoolwork VERSARY OF THE BETHEL MIS- PATROL’S SEVENTY-FIVE YEARS and has become a quiet, well-mannered SIONARY BAPTIST CHURCH OF OF SERVICE young man. During their convention, the bankers held CROCKETT, TX SPEECH OF a golf tournament in addition to the craft sale and the concert. HON. HENRY BONILLA Some of them also toured the ranch, meet- HON. JIM TURNER OF TEXAS ing the kids and seeing where their money will go. They were so impressed, they may OF TEXAS IN THE HOUSE OF REPRESENTATIVES donate some of next year’s fund-raising haul IN THE HOUSE OF REPRESENTATIVES Wednesday, November 10, 1999 to the ranch, Pinkerton said. Mr. BONILLA. Mr. Speaker, I rise in support Acks, who said each day can bring small Tuesday, November 16, 1999 miracles for the often-strapped ranch, wasn’t of this legislation ‘‘recognizing the United surprised at their reaction. Anyone who vis- Mr. TURNER. Mr. Speaker, I rise today to States Border Patrol’s 75 years of service its, she said, can’t help but be touched. since its founding.’’ ‘‘It’s really just an amazing place,’’ she recognize and celebrate an important mile- stone in the history of Bethel Missionary Bap- I have nearly 800 miles of the Texas-Mexico said. border in my congressional district. I know all I commend America’s Community Bankers tist Church, of Crockett, Texas. On October 10, 1999, Bethel Missionary Baptist Church too well the extent to which Border Patrol for leaving its most recent hand-print in Or- agents meet the daily challenge of keeping celebrated 134 years of service to this East lando at the Edgewood Children’s Ranch, and our borders safe and curbing the flow of illegal Texas community. -
Kay Bailey Hutchison, Allan Shivers, Jr., Treasurer Not Printed at Taxpayer Expense
K AY B AILEY HUTC HISON January 2, 2009 Dear /Salutation/, Our state can do better. Faced with uncertain times, Texas must have leaders who look forward. We must start now to bring bold, innovative leadership to Austin. Ten years of one man in the Governor’s office has left challenges unanswered, too little trust and consensus, and too much infighting. This tone comes from the top and we can do something about it. Texans expect their leaders to bring people together, focus on positive results and do what is best for Texas. I believe Texans want new leadership and deserve a government in Austin that listens and responds. That’s why I’m forming an exploratory committee so I can begin organizing a campaign for Governor. I am not yet an official candidate, but Texas law requires this first vital step and I need your help. We must begin working today to rebuild our party. Do you share my concern that our state budget has doubled in ten years? Are you concerned that our state government ignores private property rights and property owners in a quest to cover our state with massive Toll Roads? Are you tired of the mismanagement of state government and the scandals? For example, after the Texas Youth Commission had to be put in receivership, new revelations about sexual assaults and abuse scandals have put the Commission once again under investigation. State Schools are being investigated by the Justice Department and were warned three times in three years for continuing to allow mistreatment of mentally retarded, physically handicapped and mentally ill Texans. -
In the Supreme Court of the United States ______
No. 19A60 In the Supreme Court of the United States _______________________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., Applicants, v. SIERRA CLUB, ET AL. _______________________________ MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND BRIEF OF FORMER MEMBERS OF CONGRESS AS AMICI CURIAE SUPPORTING MOTION TO LIFT STAY _______________________________ Douglas A. Winthrop Irvin B. Nathan Counsel of Record Robert N. Weiner ARNOLD & PORTER Andrew T. Tutt KAYE SCHOLER LLP Kaitlin Konkel 10th Floor Samuel F. Callahan Three Embarcadero Center ARNOLD & PORTER San Francisco, CA 94111 KAYE SCHOLER LLP (415) 471-3100 601 Massachusetts Ave., NW [email protected] Washington, DC 20001 (202) 942-5000 [email protected] Attorneys for Amici Curiae No. 19A60 In the Supreme Court of the United States _______________________________ DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., Applicants, v. SIERRA CLUB, ET AL. _______________________________ MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF _______________________________ Amici curiae, a bipartisan group of more than 100 former Members of Congress, move for leave to file the accompanying brief in support of plaintiffs’ motion to lift this Court’s July 26, 2019 stay of the injunction issued by the U.S. District Court for the Northern District of California in this case.1 Amici filed briefs supporting plaintiffs in the district court and the court of appeals in the proceedings both before and after this Court’s stay. Plaintiffs now seek to lift this Court’s July 2019 stay to ensure that the defendants cannot complete their unauthorized construction activities before this Court can act on a petition for a writ of certiorari.