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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 ........................................ -
Officers and Officials of the House
OFFICERS AND OFFICIALS OF THE HOUSE OFFICE OF THE SPEAKER H–232 The Capitol, phone 225–0600, fax 226–1996 http://speaker.house.gov The Speaker.—J. Dennis Hastert. Chief of Staff.—Scott B. Palmer, H–228, The Capitol, 225–5555. Assistant to the Chief of Staff.—John Russell. Deputy Chief of Staff.—Michael Stokke, H–227, The Capitol, 225–0305. Chief Counsel.—Theodore Van Der Meid. Special Assistant.—Tim Kennedy. Director of Special Events.—Rachel Perry, H–419C, The Capitol, 225–0600. Staff Assistant (Room Reservations).—Courtney Franke. Staff Assistant.—Erin Mitchell. Policy Director.—Bill Hughes, 225–0510. Assistants to the Speaker for Policy.—Sally Canfield, Kevin Fromer, Kiki Kless, Bill Koetzle, Margaret Peterlin, Andy Tiongson, Chris Walker. Assistant to the Director of Policy.—Tripp Guess. Staff Assistant.—Ja’Ron Smith. Director of Speaker Operations.—Samuel Lancaster, H–232, The Capitol, 225–6398. Executive Assistant.—Kathleen O’Connor. Executive Staff Assistant.—Luke Hatzis. Scheduler.—Helen Morrell, H–229, The Capitol, 225–2774. Assistant Scheduler.—Chris Stottman. SPEAKER’S PRESS OFFICE H–326 The Capitol, phone 225–2800 Communications Director.—Ron Bonjean. Assistant to the Speaker for Communications and Outreach.—Charles Chamberlayne. Speechwriter.—Larry Farnsworth. SPEAKER’S FLOOR OFFICE H–210 The Capitol, phone 225–2204 Senior Floor Director.—Seth Webb. Floor Assistants: Dave Bellis, Karen Haas, Jay Pierson. OFFICE OF THE MAJORITY LEADER H–107 The Capitol, phone 225–4000, fax 225–5117 Majority Leader.—Tom DeLay. Chief of Staff.—Tim Berry. Special Assistant to the Chief of Staff.—Elizabeth Pauls. Deputy Chief of Staff.—Dan Flynn. Policy Director.—Brett Shogren. -
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. -
Feingold Says Hard Work Is Key to Political Landscape Change New
In This Issue: Supporting Vets........4 Feingold......................1 Supporting Troops ..4 New Poll Shows Kirk Can Be Beat in ‘06 New Poll....................1 Barton Bill ................5 by John Hmurovic Obama ........................2 IWIL ............................6 Truth Hurts ................3 Calendar ....................7 After two elections in which he received over 60 percent of the vote, no one denies that Republican Congressman Mark Kirk is a formidable candidate in a district that was drawn to make his seat in Congress For information or to volunteer call: safer. But a new poll conducted by the Washington, D.C. polling firm 847.266.VOTE (8683) Penn, Schoen and Berland shows that despite his past performance Or write to: and the advantages of incumbency, Mark Kirk is vulnerable in 2006 and Lauren Beth Gash, Chair, Tenth Dems PO Box 523, Deerfield, IL 60015 can be defeated by a strong Democratic candidate. Visit the website: www.tenthdems.org Kirk receives a high favorability rating from 10th District residents, but Newsletter: [email protected] once they begin to hear the details of how Kirk voted in Congress (see Editor John Hmurovic “When the Truth Is Told” on page 3), his support drops. It drops even Editorial Staff Lauren Beth Gash, Ellen more when they hear about some of the prospective Democratic Gill, Paul Kelly, Leslie Lipschultz, Ross candidates lining up to oppose him in 2006. Nickow, Mark Paul, George Rosenblit, Ben Kirk is being hurt by two factors: the sinking popularity of fellow-Republican, President George W. Struhl, Ron Weiner Bush; and by his own votes on a variety of issues. -
New York's Political Resurgence
April 8, 2015 New York’s political resurgence by JOSHUA SPIVAK New York, once a center of America's political world, long ago fell on hard times. Where the state was once practically guaranteed a slot on at least one of the presidential tickets, it has been many years since a New Yorker was a real contender for the presidency. And the record in Congress has been even worse — there the state always underperformed. But that may all be changing in a hurry. Former Senator Hillary Clinton (D-N.Y.) is the overwhelming favorite for the Democratic presidential nomination and now, thanks to the retirement of Sen. Harry Reid, (D-Nev.), Sen. Chuck Schumer (N.Y.) is the likely next Democratic Leader in the Senate. For the first time in decades, the Empire State may be a state on the political rise. Schumer’s ascension may be the biggest break with history. For the better part of a century, New York was the presidential incubator. But the state has never been particularly successful in Congress. No New Yorker has ever served as Senate Majority or Minority Leader. It had one Minority Whip — the first one ever, back in 1915. Since then, no other New Yorker has served in the top two positions in the upper chamber. New Yorkers haven’t exactly grabbed the reigns in the House either — the state has only elected two Speakers of the House — the last one, Theodore Pomeroy, left office in 1869. Even the lower leadership positions have been bereft of New Yorkers. The state has provided one House Majority Leader — the very first one, Sereno Payne. -
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. -
Hobby Fellows 2013
Hobby Fellows 2013 The Hobby Center for Public Policy (HCPP) at the University of Houston (UH) serves the Houston region and the state of Texas with timely and objective research on key public policy issues. In addition to its research and graduate training, HCPP is dedicated to providing educational and leadership opportunities to the diverse UH undergraduate population through its public service internship programs. Introducing Hobby Fellows The majority of University of Houston students work while attending col- lege. Few UH students can pursue public service careers in Austin or Washington, D.C., because internships—the primary gateway to perma- nent jobs in these cities—are available only to students who can afford to live away from home. The Hobby Fellows program seeks to offer UH undergraduate students the opportunity to work as full-time state interns in our state capitol during Former Hobby Center interns Mirel Herrera, regular legislative sessions beginning in 2013. Hobby Fellows will earn a Debra Gonzales and Lesley Nelson at the monthly stipend, have guided academic assignments, regular site visits state capitol. They now work as legislative by HCPP faculty and staff, and perhaps most importantly, enter a fast- staff: Mirel in Washington; Debra in Austin; and Lesley in Houston. paced learning track to becoming a leader in public service. Additional benefits include the following: ▪ Encouraging academic achievements and community involvement; ▪ Polishing oral and written communication skills; STUDY ▪ SERVE ▪ SUCCEED ▪ Providing leadership training; Record of Success ▪ Developing a strong sense of civic responsibility; ▪ Fostering relationships with interns from other Texas universities; & The Hobby Center for Public Policy has ▪ Increasing the positive exposure of UH’s Tier One students in Austin. -
Congressional Districts of the 110Th Congress of the Untied States
160°E 170°E 180° 70°N 170°W 160°W 150°W 140°W 130°W 115°W 110°W 105°W 100°W 95°W 90°W 85°W 80°W 75°W 70°W 65°W 60°W 65°N 60°N 50°N 55°N U S C E N S U S B U R E A U 55°N Congressional Districts of the 110th Congress 0 100 200 300 Kilometers 0 100 200 Miles 1:15,000,000 50°N of the United States 130°W 125°W 120°W January 2007 2009 45°N 45°N 40°N U.S. SENATE MEMBERSHIP U.S. HOUSE OF REPRESENTATIVES MEMBERSHIP 40°N ALABAMA MONTANA Jeff Sessions (R) Max Baucus (D) CONNECTICUT MICHIGAN OREGON Richard C. Shelby (R) Jon Tester (D) 1 John B. Larson (D) 1 Bart Stupak (D) 1 David Wu (D) 2 Joe Courtney (D) 2 Peter Hoekstra (R) 2 Greg Walden (R) 3 Rosa L. DeLauro (D) 3 Vernon J. Ehlers (R) 3 Earl Blumenauer (D) ALASKA NEBRASKA 4 Christopher Shays (R) 4 Dave Camp (R) 4 Peter A. DeFazio (D) Lisa Murkowski (R) Chuck Hagel (R) 5 Christopher S. Murphy (D) 5 Dale E. Kildee (D) 5 Darlene Hooley (D) Ted Stevens (R) Ben Nelson (D) 6 Fred Upton (R) DELAWARE 7 Timothy Walberg (R) PENNSYLVANIA ARIZONA NEVADA Michael N. Castle (R) 8 Mike Rogers (R) 1 Robert A. Brady (D) Jon Kyl (R) John Ensign (R) 9 Joe Knollenberg (R) 2 Chaka Fattah (D) John McCain (R) Harry Reid (D) DISTRICT OF COLUMBIA 10 Candice S.