South Dakota governor Kristi Noem to face questions during confirmation hearing for DHS secretary
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(WASHINGTON) — Kristi Noem, South Dakota’s firebrand Republican governor, faces a grilling Friday at her confirmation hearing to be secretary of homeland security.
Noem, the daughter of a farmer and a former representative from South Dakota, will be questioned before the Senate Homeland Security and Governmental Affairs Committee.
She first came on the national scene during the pandemic and gained notoriety when she did not shut down businesses and schools in the state — instead keeping it open and even hosting a Fourth of July fireworks show at Mt. Rushmore.
“We didn’t mandate anything,” Noem said at the Republican National Convention in July 2024. “We never ordered a single business or church to close. I never even defined what an essential business was, because I don’t believe that the government has the authority to tell you that your business isn’t essential.”
During her last state budget address in December, Noem touted what she called progress on the state economy, education and public safety.
Noem was one of the Republican governors to send National Guardsmen to the southern border to help the Texas National Guard.
If confirmed, border security will be a main concern as Customs and Border Protection and Immigration and Customs Enforcement (ICE) would fall under her purview at the Department of Homeland Security.
“I have increased resources to combat the horror of human trafficking,” she said in December. “And when President Trump secures the southern border, we’ll cut off the primary pipeline for human trafficking into our country.”
In an interview on Newsmax shortly after President-elect Trump’s election victory she said the “number one priority” will be the border.
“We’ve got to secure our country, and we’ve got to get the murderers and terrorists and rapists out of this country, and make America safe again. That’s really what his goal is. And I’m just so proud of him that he’s working so hard at it immediately,” she said.
A one-time potential vice-presidential prospect, Noem would oversee 22 agencies with more than 260,000 employees — on issues ranging from the border to federal disaster management to the Secret Service.
Earlier this year, she was embroiled in a series of controversies, including drawing scrutiny and a lawsuit over her social media endorsement of a dental work she received from a practice in Texas.
She was also criticized for writing in her new memoir about how she shot and killed her 14-month-old dog “Cricket” after she said it demonstrated an “aggressive personality, and she was forced to admit what she called “errors” in her book, including claiming she once met with North Korean leader Kim Jong Un. That description was removed from the book, according to the publisher.
Trump defended and praised her amid the controversies last year, saying she’s gone through “rough” days but that he likes her “a lot.”
(WASHINGTON) — President-elect Donald Trump has been calling Senate Republicans to push for now-former Rep. Matt Gaetz to be confirmed as attorney general as lawmakers continue to raise concerns over the nomination.
Gaetz was being investigated by the House Ethics Committee for alleged sexual misconduct and illicit drug use. But his resignation from Congress after being announced as Trump’s pick to lead the Justice Department placed the panel’s report in limbo.
Some Senate Republicans are standing by their calls to see the report, though many now say they will be banking on their colleagues in the Senate Judiciary Committee — known for often controversial public hearings — to do a fulsome vetting of Gaetz.
Gaetz’s nomination will come before the Senate Judiciary Committee, which will vote on whether to send it to the whole of the Senate. Incoming Senate Majority Leader John Thune said on Monday night he’ll leave it to the panel to determine what information they need to vet Gaetz, and whether or not that includes the ethics committee report.
“I’m not sure I know the answer to how that’s going to be handled,” Thune said when asked about the report. “I think that’s going to be a House issue, and then ultimately up to the Senate Judiciary Committee who is going to have the responsibility to go through the confirmation hearing and the process.”
Judiciary committee members say they believe they’ll get information on Gaetz during the committee process with or without the Ethics report. But it could be fiery.
“Whether we get the ethics report or not, the facts are going to come out one way or the other, and I would think it would be in everybody’s best interest, including the president’s not to be surprised by some information that might come out during the confirmation hearing in the background check, so we’re going to do our job and under the Constitution,” said Republican Sen. John Cornyn.
Cornyn seemed to suggest that one way that information could come out is by calling those associated with the allegations to appear before the Senate Judiciary Committee.
“It’s not critical that they release the report because we know roughly who the witnesses are, and soon they’ll be called before the judiciary committee,” Cornyn said.
If Gaetz makes it before the committee it is not yet clear what witnesses would ultimately be called to testify. Republicans could call one of these women, or their attorney, before the committee if they want to hear from them. But Democrats would also have the opportunity to call witnesses, and they are not ruling out calling the women who have made allegations against Gaetz to testify.
“That’ll be a committee decision,” Sen. Peter Welch, a Vermont Democrat, said on Monday when asked about whether he’d support calling one of the women.
Calling such a witness has the potential to lead to a public hearing not unlike the high-profile Brett Kavanaugh Supreme Court nomination hearing, during which his accuser, Christine Blasey Ford, testified.
Sen. Thom Tillis, who also serves on the Senate Judiciary Committee, alluded to that process on Monday.
Tillis said he was inclined to “honor Speaker Johnson’s position” on the House Ethics Committee report. Johnson has said he doesn’t want the report released. But there are other ways for the committee to obtain information, Tillis said.
“You should take a look at the Kavanaugh hearing,” he said.
The belief that information contained in the report would eventually be known to the committee, either by leak, press report or FBI background check, was widespread among Republicans.
“As we all know, this place leaks like a wet paper bag, and I would not faint with surprise to find out that the ethics report at some point leaks,” Sen. John Kennedy, who serves on the Judiciary Committee, said.
But when some Republicans were pressed on whether they’ll insist on an FBI background check on Gaetz being completed, there was a bit of a lack of clarity. Sen. Chuck Grassley, who will likely return to chair the committee next session, said it would be up to the president to request a background check.
Gaetz has been working the phones, reaching out to members of the Senate Judiciary Committee urging them to consider his nomination through regular order.
“I got a phone call from Congressman Gaetz, and I congratulated him and he said,” Will I get a fair shake in the Senate?” Kennedy said. “And I said ‘Absolutely Matt, just come on over, answer all the questionnaires, tell us the truth, tell us what your plans are for the agency and I’m looking forward to it.'”
Sen. Josh Hawley, R-Mo., said Gaetz told him he wants a hearing before the committee.
“He wants to move forward with his nomination and wants to be able to answer these things in public and have it go through the regular process, have confirmation here, which I think is good. We should do that,” Hawley said.
Hawley, however, cautioned against a Kavanaugh-style confirmation hearing, something he said was “not normal”.
Sen. Lisa Murkowski, who opposed Kavanaugh’s confirmation, said she, too, would be looking to the Judiciary Committee’s process. She thinks the House ethics report should be a part of it.
“I think the committee will have an opportunity to again engage in very significant vetting. It would certainly make sense to have something if the report was complete or close to completion,” she said.
Regardless of the committee process there remains skepticism among Republicans about Gaetz’s ability to be confirmed.
“He does have an uphill climb,” Sen. Joni Ernst, R-IA, said. “But I look forward to visiting with him about it.”
(WASHINGTON) — The Supreme Court on Monday was divided over whether the Food and Drug Administration had unlawfully rejected millions of flavored e-cigarettes for approved sale in U.S. over concerns about nicotine addiction among young people.
During oral arguments in a case that could have a significant impact on public health, the justices grappled with tobacco industry claims that the government had given unclear and shifting requirements for new product applications and failed to provide proper notice to the companies.
“FDA switched its position on what studies were required” to show that the products have benefits to existing smokers that offset risks to youth, argued Eric Heyer, the attorney representing vape manufacturers Triton Distribution and Vapetasia, which are seeking a green light to market e-liquids such as “Jimmy the Juice Man Peachy Strawberry” and “Iced Pineapple Express.”
Federal law requires sellers of new nicotine products to provide regulators with scientific evidence to show that the products would promote public health, but the statute does not spell out specifically what evidence is necessary and sufficient. The FDA’s guidance on how to meet that requirement is at the center of the case.
“Their argument is that the guidance were actually a moving target, that either they weren’t clear or you changed the guidance as time went on,” said Justice Clarence Thomas, who appeared sympathetic to vape manufacturers.
“That is their argument,” replied Biden administration lawyer Curtis Gannon, representing the FDA, adding, “But I think that the key point is that they knew from the statute that they needed to be making this comparison about what the benefits were with respect to existing smokers and weighing that against the potential costs with respect to nonsmokers and attracting youth.”
Justice Neil Gorusch suggested that the companies might not have been given “fair notice” of how they could comply with the law. “Wouldn’t due process require an opportunity for notice and a hearing?” he asked Gannon.
E-cigarettes and vapes, which deliver nicotine without some of the harmful effects of smoking, have been booming in popularity. Kid-friendly flavors, such as fruit, candy, mint, menthol and desserts, are not approved by the FDA and are on the market illegally.
While vaping among youth is declining, more than 1.6 million children use the products, according to the Centers for Disease Control and Prevention. Nearly 90% of them consume illicit flavored brands.
Manufacturers have acknowledged that their products may appeal to youth but insist that a “growing body of scientific evidence” shows that “flavors are crucial to getting adult smokers to make the switch and stay away from combustible cigarettes.”
A federal appeals court sided with the companies last year, saying the agency had acted arbitrarily. If the Supreme Court upholds that ruling, it could clear the way for broader marketing and sale of flavored nicotine products.
The Court’s three liberal justices all seemed to share the government’s view that FDA did not illegally move the goal posts during the process and that the companies simply lacked the evidence to win approval.
Since 2009, when Congress passed legislation aimed at curbing tobacco use among young people, the government has almost universally denied tobacco company requests to sell flavored nicotine e-liquids, citing risks of addiction among minors.
The FDA said the two companies in this case provided insufficient evidence that the benefits of their flavored e-products in helping tobacco smokers quit exceed the dangers of hooking children.
“I’m so totally confused,” Justice Sonia Sotomayor told Heyer. “What [FDA] said is what you provided wasn’t sufficient.”
Justice Ketanji Brown Jackson said she was “baffled” by Heyer’s argument because the FDA had explicitly articulated its standard.
“I guess I’m not really seeing what the surprise is here, or what the change is here,” said Justice Elena Kagan. “There’s just not a lot of mystery here about what FDA was doing. You might disagree with that, because you think that, in fact, the world of 40-year-olds really wants to do blueberry vaping, but you can’t say that FDA hasn’t told you all about what it’s thinking in this respect.”
Justice Brett Kavanaugh, who could be a critical vote in the case, signaled sympathy to the industry’s complaint about discretionary government regulation but suggested he wasn’t convinced FDA had acted unreasonably.
“If the agency says [your claims of benefits to adult smokers] that doesn’t outweigh the harm to youth, we’ve reviewed everything, we’re aware of everything, of course they’re aware of everything that’s out there, that’s kind of the end of it, isn’t it?” Kavanaugh asked.
Even if they lose the case, several justices noted, the vape manufacturers could reapply for approval with the FDA in a new application.
While the first Trump administration had taken a hard line against the marketing and sale of sweet and candy-flavored vapes, president-elect Donald Trump said during the campaign that he wants to “save” flavored vapes.
“We don’t know exactly what that’s going to look like,” said Heyer. But, he added, that his clients “can’t afford to wait that out.”
Nearly a quarter of high school students who use e-cigarettes consume illicit menthol-flavored varieties, according to the 2023 National Youth Tobacco Survey.
Josie Shapiro, the 2024 national youth ambassador for the Campaign for Tobacco-Free Kids who testified before Congress on the dangers of nicotine addiction, said illicit flavored vapes hooked her at age 14.
“I think that by marketing any sort of flavored product as bubble gum or any of the genres of candy, it’s going to catch the eyes of children,” Shapiro said. “I’m still addicted, and I’m still trying to fight my addiction. Honestly, the FDA needs to regulate all flavored tobaccos to flavor ‘tobacco’ products and get them off the market.”
Public health experts have credited the FDA’s restrictions on flavored nicotine products with helping to drive down the number of teenagers who vape gradually from an “epidemic” level just five years ago.
The case, Food and Drug Administration v. Wages and White Lion Investments, LLC, will be decided before the end of the Supreme Court’s term in June 2025.
(WASHINGTON) — President Joe Biden and first lady Jill Biden will mark World AIDS Day on Sunday by debuting the AIDS Memorial Quilt at the White House.
It will be displayed on the South Lawn as the Bidens commemorate the day with survivors, their families and advocates.
A red ribbon will also be displayed on the South Portico of the White House to recognize those who have died due to AIDS-related illnesses, as well as the more than 40 million individuals living with HIV around the world.
The red ribbon — now an annual tradition — made its first appearance in 2007, under the Bush administration.
President Joe Biden and first lady Jill Biden will mark World AIDS Day on Sunday by debuting the AIDS Memorial Quilt at the White House.
It will be displayed on the South Lawn as the Bidens commemorate the day with survivors, their families and advocates.
A red ribbon will also be displayed on the South Portico of the White House to recognize those who have died due to AIDS-related illnesses, as well as the more than 40 million individuals living with HIV around the world.
The red ribbon — now an annual tradition — made its first appearance in 2007, under the Bush administration.
The White House said in statement that the Biden administration has made ending the HIV epidemic a key priority.
The statement touted the administration’s National HIV/AIDS Strategy, which is focused on reducing new HIV infections, improving outcomes for people with HIV and breaking down societal barriers. It was established in 2021.
The White House Office of National AIDS Policy is set to release a progress report on the Biden administration’s strategy next week.
The AIDS Memorial Quilt, a powerful symbol of the human toll of the virus, was originally displayed on the National Mall during the October 1987 National March on Washington for Lesbian and Gay Rights, at a time when many felt the federal government had been too slow to respond to the crisis.
The quilt, which is regularly displayed across the U.S. as an education tool, now contains nearly 50,000 panels, honoring more than 105,000 lives lost.
HIV infection in the U.S. declined by about 12% overall between 2018 and 2022, but remains a persistent problem, according to the Centers for Disease Control and Prevention.
In 2019, the Department of Health and Human Services announced an effort to end the HIV epidemic in the U.S. It aimed to reduce new infections to 9,300 by 2025 and 3,000 by 2030. However, in 2022, there were more 31,800 estimated new HIV infections, according to the CDC.
