WASHINGTON — If it’s Tuesday ... President Joe Biden promotes the bipartisan infrastructure law in Portsmouth, N.H. ... More Democratic Senate candidates break with Biden over Title 42. ... Donald Trump Jr. will stump for JD Vance in Ohio Senate, while retiring GOP Sen. Rob Portman will campaign for Jane Timken, per NBC News’ Henry Gomez. ... NBC News' Benjy Sarlin breaks down the fight over who killed “Build Back Better.” ... And Russia steps up its offensive into eastern Ukraine.
But first: It’s one thing for a Trump-appointed federal judge to overturn the Biden administration’s mask mandate for federal transportation.
Yet it’s entirely another thing for the administration to not even fight the ruling — or even say it’s going to appeal it immediately.
That’s what happened on Monday, when U.S. District Judge Kathryn Kimball Mizelle in Florida struck down the CDC mandate that masks must be worn on airplanes, trains, buses and other public transportation.
After White House Press Secretary Jen Psaki called the ruling “disappointing,” an administration official later told NBC News that the masking order was “not in effect at this time” as it continued to review the decision.
Then the airlines dropped their mask requirement. So did Amtrak. As well as Uber.
Bottom line: A federal judge rolled over the president and his administration without a fight (at least so far).
And it’s not the first time this has happened — whether it was the U.S. Supreme Court rolling over Biden’s vaccine mandate, or Sen. Joe Manchin, D-W.V., rolling over “Build Back Better,” or Democratic candidates now trying to roll over the administration’s lifting of Title 42.
In a tough midterm year, the last thing Biden needs is to look weak.
Tweet of the day
Data Download: The number of the day is … 2
That’s how many House members in races that the Cook Political Report races as Toss Ups were outraised by their challengers of the opposite party in the first fundraising quarter, according to fundraising reports filed Friday.
Rep. Dan Kildee, D-Mich., was outraised by Republican self-funder Paul Junge, who raised nearly $1.3 million (including a $1.1 million contribution from Junge himself), to Kildee’s $869,000. Kildee did have more cash on hand, with $2.4 million in the bank to Junge’s $1.2 million.
And Rep. Steve Chabot, R-Ohio, raised $197,000 and had $582,000 banked away at the end of the quarter. The top Democrat in his race, Greg Landsman, raised $533,000 and had $419,000 in the bank at the end of the quarter.
Other numbers you need to know today:
9: The number of hours Trump ally Kimberly Guilfoyle spent with the Jan. 6 committee on Monday.
76 percent: The portion of Black respondents in a new Pew Research poll who say their race is extremely important or very important to how they shape their identities.
$106 million: How much the Democratic-aligned Senate Majority PAC is reserving for fall advertising airtime, per The Hill.
0: The number of countries in the highest “Level 4” travel risk category by the CDC (“Special Circumstances/Do Not Travel”), after the agency made changes to its list of travel warnings Monday.
22.4 percent: The increase in the two-week average of daily new Covid cases in America as of Monday afternoon, per NBC.
20 percent: The decrease in the two-week average of daily new Covid deaths in America as of Monday afternoon, per NBC.
80,895,561: The number of confirmed cases of coronavirus in the United States, per the most recent data from NBC News and health officials.
Midterm roundup: Title 42 tiff
For President Biden, the blowback over Title 42, the controversial pandemic restriction blocking migrants on the border, is coming from inside the house.
A slew of members of his own party are questioning or openly siding against the administration’s decision to lift the policy and restart asylum claims on the U.S.-Mexico border. Among those voices is the head of the Democratic Senate campaign arm, Michigan Sen. Gary Peters, as well as high-profile candidates running in key races on the midterm map.
Immigration can be a thorny issue, particularly in midterms. But it’s striking to see so many swing-state Democrats skeptical of their party’s president on the issue.
Elsewhere on the trail:
Arizona Senate: In a statement Monday evening, former President Donald Trump said he would make an endorsement in the GOP Senate primary “in the not too distant future.” He signaled he would not be endorsing the state’s attorney general, Mark Brnovich, whom Trump claims did little to prosecute voting irregularities in the 2020 election.
Iowa Senate: Democrat Michael Franken, a retired admiral, is the first Democratic Senate hopeful to jump onto the airwaves, launching a new spot arguing that “our values are being put to the test.”
Ohio Senate: Donald Trump, Jr., will hit the campaign trail with GOP Senate hopeful JD Vance, while retiring GOP Sen. Rob Portman will campaign with former state GOP chairwoman Jane Timken, NBC News’ Henry J. Gomez reports.
Pennsylvania Senate: Members of the Armenian American community want Republican Mehmet Oz to publicly acknowledge that Turkey committed genocide against Armenians.
Arizona Governor: Former Obama campaign manager Jim Messina announced Monday that he is backing, and will informally advise, gubernatorial hopeful Marco Lopez, who faces Secretary of State Katie Hobbs in the Democratic primary, NBC News’ Vaughn Hillyard reports.
Kansas Governor: Democratic Gov. Laura Kelly vetoed a slew of conservative bills last Friday, including a ban on transgender school sports participation and a bill that would allow parents to have a process to review and request the removal of classroom material.
New York Governor: Democratic Gov. Kathy Hochul launched her first TV ad buy tracked by AdImpact, spending $931,000 on the airwaves.
Wisconsin Governor: Former GOP Gov. Tommy Thompson has decided not to make another run for governor, per the Associated Press.
Georgia 07: Both Democrats running in this seat, Reps. Lucy McBath and Carolyn Bourdeaux, are up with new ads touting their commitment to passing a new Voting Rights Act.
Ad watch: Endorsed
In the Ohio Senate race, JD Vance released a new TV ad Monday, touting his endorsement from former President Donald Trump. Vance, one of five candidates running for the Republican nomination, officially received Trump’s endorsement on Friday afternoon.
“Trump fought back and so have I,” Vance says in the ad. “Now, I’ll take our fight to the U.S. Senate.”
Vance has spent just over $804,000 on the airwaves so far, per AdImpact, while other GOP candidates in the race have spent far more. Former state Treasurer Josh Mandel, for example, has spent $4.5 million on ads and investment banker Mike Gibbons has spent $11.6 million.
Meanwhile, Gibbons dropped a new ad Tuesday that attacks both Vance and former state GOP chair Jane Timken over taxes.
Talking Policy with Benjy: Who killed BBB?
Sahil Kapur and Carol Lee have a story on the blame game over Build Back Better’s demise, which doesn’t fit a simple narrative of progressives versus moderates.
Each version of the bill consisted of policies that moderates were largely happy to get behind, and BBB tended to poll well, even as President Biden faltered. There was no big backlash on the right the way there’s been on social issues this year. The provisions that key moderates removed or watered down were also among the most popular with voters, like taxes on billionaires, a crackdown on drug prices, and additional benefits for Medicare recipients.
But while no one provision within BBB was an obvious dealbreaker, its combined size in a 50-50 Senate ($3.5 trillion initially, later $2 trillion in the House bill) made it far more difficult to pass. The revenue required for it created trouble with tax-skeptic Sen. Kyrsten Sinema’s, D-Ariz., while the spending made the more fiscally hawkish Sen. Joe Manchin, D-W.V., uncomfortable. With so much money in play, every individual party player expected their priority to be included, which further bogged down the process.
Manchin’s decision to cut off talks makes him the most directly responsible for its death. But it was an individual move, not a moderate revolt, and progressives never rejected any offer from Manchin. Far from it, key leaders signaled they would likely accept anything the White House negotiated, just as they’re signaling now with a potential smaller bill. The problem was that Manchin left the table altogether, then refused to entertain later negotiations in line with his prior offers.
But managing Manchin’s personal quirks was a job for the White House and Majority Leader Chuck Schumer, and both aimed high, betting that Manchin could be pushed to drop his repeated demands that programs be funded on a permanent basis.
ICYMI: What else is happening in the world
The Hill reports President Biden told former President Obama he’s running for re-election.
CNBC reports that West Virginia Democratic Sen. Joe Manchin said at a recent fundraiser he’s planning on running for re-election in 2024.
Progressives are still split over the political impact of the Build Back Better plan.
NPR reports on how Republicans are handling abuse accusations against high-profile candidates.
