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Good morning, Early Birds. Today is the International Day of Non-Violence. Be extra kind today. We all could use that on a Monday. Tips: <a href="mailto:earlytips@washpost.com?utm_campaign=wp_power_up&amp;utm_medium=email&amp;utm_source=newsletter&amp;wpisrc=nl_powerup">earlytips@washpost.com</a>. Thanks for waking up with us.

Reading this online? <a href="https://www.washingtonpost.com/newsletters/the-early-202/">Sign up for The Early 202 to get scoops and sharp political analysis in your inbox each morning</a>.

In today’s edition … &nbsp;The House prepares for a vote to oust McCarthy … What we’re watching: Dean Phillips after his announcement about stepping down from Democratic leadership … but first …

🚨: California Gov. Gavin Newsom (D) will tap Emily’s List President Laphonza Butler to fill the seat of the late Sen. Dianne Feinstein, <a href="https://www.washingtonpost.com/politics/2023/10/01/dianne-feinstein-replacement-senate/">our colleagues Maeve Reston and Tyler Pager report</a>. (Butler’s appointment was first reported by Politico.)

“The interim appointment will extend until at least November 2024. … With the appointment, Newsom, who is widely viewed as a future White House contender, fulfilled the promise he made in 2021 to appoint a Black woman to the chamber.”

The Supreme Court is back in session today. Here’s what to expect.

Jabin Botsford

The Supreme Court kicks off another high-stakes term today that could reshape the balance of power in Congress, strip federal agencies of their regulatory authority and limit the scope of the First and Second amendments.&nbsp;

But as the nine justices don their robes and return to the bench for the first time in three months, they do so against the backdrop of increased attention on the court — and the justices themselves.

The nine Supreme Court justices are confronting <a href="https://news.gallup.com/poll/511820/views-supreme-court-remain-near-record-lows.aspx">sinking approval ratings</a> driven in part by the court’s recent ethics controversies.&nbsp;

All eyes will be on Justice Clarence Thomas, who has fielded calls for recusal, resignation and impeachment over his relationships with wealthy, conservative donors. ProPublica <a href="https://www.propublica.org/article/clarence-thomas-secretly-attended-koch-brothers-donor-events-scotus">revealed last month</a> that Thomas attended at least two donor events hosted by the Koch network, the conservative political network behind a high-stakes case this term, Loper Bright Enterprises v. Raimondo.

The revelations about Thomas and other justices have prompted congressional Democrats to call on the justices to adopt a binding ethics code. It also prompted some members of the court, including <a href="https://www.washingtonpost.com/politics/2023/05/23/supreme-court-ethics-roberts/">Chief Justice John G. Roberts Jr.</a> and Associate <a href="https://www.washingtonpost.com/politics/2023/09/07/justice-kavanaugh-ethics-supreme-court/">Justices Brett M. Kavanaugh</a> and Elena Kagan, to consider adopting one on their own.

The court <a href="https://www.washingtonpost.com/politics/2023/02/09/supreme-court-ethics-code/?itid=lk_inline_manual_81">considered adopting</a> an ethics code in the past but could not reach a consensus.

Meanwhile, “Biden indicated in <a href="https://www.propublica.org/article/biden-interview-trump-supreme-court-ethics">an interview with ProPublica</a> [published Sunday] that he thought the court should have its own ethics code, saying it is ‘just not the case’ that the Constitution would prohibit or discourage such a code,” <a href="https://www.washingtonpost.com/politics/2023/10/01/supreme-court-new-term-ethics/?itid=lk_inline_manual_22">our colleagues Robert Barnes and Ann E. Marimow report</a>. “No one argues that the court could not adopt its own regulations, but members of Congress and constitutional scholars are split on whether the legislative branch could impose one on the justices.”

Here are six of the term’s most interesting Supreme Court cases:&nbsp;

1. Alexander v. South Carolina State Conference of the NAACP (Oct. 11)

The Supreme Court will once again revisit allegations of racial gerrymandering — this time in Charleston, S.C.&nbsp;

At issue is a Republican-drawn redistricting map that was rejected by a three-judge panel for exiling “over 30,000 African American citizens from their previous district” and creating a “stark racial gerrymander,” <a href="https://www.democracydocket.com/wp-content/uploads/2021/10/4932022-1-6-findings-of-fact-and-conclusions-of-law.pdf">according to the panel</a>. In this case, the South Carolina legislature has denied using race as the main factor when drawing up the map.

A ruling in favor of the NAACP would <a href="https://www.politico.com/news/2023/05/15/supreme-court-racial-redistricting-case-00096925">change the boundaries</a> of the district represented by Republican Rep. Nancy Mace. The district voted for former president <a href="https://www.washingtonpost.com/donald-trump/" target="_blank" class="contextual_link">Donald Trump</a> by more than eight points in 2020 but could become more competitive.

2. Lindke v. Freed, O’Connor-Ratcliff v. Garnier (Oct. 31)

There are several cases on the court’s docket this term that will tackle the future of online speech. The first two — Lindke v. Freed and O’Connor-Ratcliff v. Garnier — will seek to answer whether the First Amendment prohibits public officials from blocking constituents.&nbsp;

(“Two years ago, the justices <a href="https://www.washingtonpost.com/politics/courts_law/supreme-court-trump-twitter-clarence-thomas/2021/04/05/b05686ee-960f-11eb-b28d-bfa7bb5cb2a5_story.html?itid=lk_inline_manual_4&itid=lk_inline_manual_33">dismissed a similar challenge</a> to Trump’s efforts to block critics on Twitter, after he lost reelection and his Twitter account was suspended,” <a href="https://www.washingtonpost.com/politics/2023/04/24/social-media-blocks-supreme-court/?itid=lk_inline_manual_33">Robert writes</a>.)

The high court will also debate the constitutionality of laws passed in Texas and Florida that regulate the tech industry’s content-moderation policies. They are Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton. Conservatives argue that social media platforms are <a href="https://www.washingtonpost.com/politics/2023/09/29/supreme-court-social-media-florida-texas-google-facebook/">censoring their viewpoints</a>, while the companies argue that the new laws violate their First Amendment right to choose what to publish on their platforms.&nbsp;

This is one of the term’s most anticipated cases because a ruling in favor of the government would narrow the scope of a landmark Second Amendment case that the court decided last year, New York State Rifle &amp; Pistol Assoc. v. Bruen.&nbsp;

At issue in Rahimi is whether a 1994 federal law that prohibits people under domestic violence restraining orders from possessing a firearm violates the Second Amendment.&nbsp;

Last year’s ruling in Bruen, which overturned New York’s century-old concealed carry law, “raised new obstacles for government officials throughout the country to justify restrictions on firearms,” <a href="https://www.washingtonpost.com/politics/2023/06/30/supreme-court-guns-domestic-abusers/">Ann writes</a>. A ruling in favor of the government in Rahimi would clarify whether a history of domestic violence is a justifiable restriction.

4. Muldrow v. City of St. Louis, Missouri (TBD)

This case will test the scope of the 1964 Civil Rights Act and whether plaintiffs who accuse their employers of discrimination must prove to the courts that they were significantly harmed by the action.&nbsp;

The U.S. Court of Appeals for the 8th Circuit <a href="https://www.law.georgetown.edu/supreme-court-institute/wp-content/uploads/sites/13/2023/09/Supreme-Court-Institute-OT-23-Term-Preview-Report.pdf">concluded that proof</a> of a “significant disadvantage” is required because without it, workers could file claims for every action they didn’t like. A ruling in favor of the plaintiff, Jatonya Clayborn Muldrow, a Black female police sergeant from St. Louis, could leave workplace diversity, equity and inclusion programs open to lawsuits.&nbsp;

5. Loper Bright Enterprises v. Raimondo (TBD)

The case, brought by a group of commercial fishing companies backed by the Koch network, asks the court to overturn the Supreme Court’s 1984 landmark decision in Chevron v. Natural Resources Defense Council, which gave agencies wide-ranging authority to implement regulations.

“Attorney Roman Martinez, who was a Roberts clerk, said during a recent Supreme Court preview session at Georgetown Law School that there is ‘good reason to think the challengers have a lot of wind at their back’ because of the changing composition of the court with the addition of three justices nominated by Trump,” Bob and Ann write.

If the Supreme Court’s 6-3 conservative majority overturns the 1984 ruling, federal agencies would be stripped of their regulatory authority once and for all, <a href="https://www.washingtonpost.com/politics/2023/05/25/supreme-court-clean-water-act/">continuing trends that have accelerated</a> in the Roberts court: overturning precedent and limiting the power of federal agencies.

6. Harrington v. Purdue Pharma L.P. (TBD)

The justices will review <a href="https://www.washingtonpost.com/health/2023/08/10/opioids-purdue-pharma-sackler-family-supreme-court/">Purdue Pharma’s proposed bankruptcy plan</a>, which would set aside as much as $6 billion to help ease the country’s opioid crisis. It would also require members of the Sackler family to relinquish control of the company and shield them from future lawsuits over the company’s role in fueling the opioid crisis.

The Justice Department, which called the deal “an abuse of the bankruptcy system,” has asked the court to decide whether the U.S. bankruptcy code allows courts to limit the liability for the Sacklers.

The House prepares for a vote to oust McCarthy

Andrew Caballero-Reynolds

House Republicans bought themselves seven more weeks to negotiate over government spending on Saturday when House Speaker Kevin McCarthy (R-Calif.) and a bipartisan coalition <a href="https://www.washingtonpost.com/politics/2023/10/01/how-congress-averted-government-shutdown-now/">passed a bill</a> to avert a government shutdown over the opposition of 90 House Republicans.

Now, Rep. Matt Gaetz (R-Fla.) could bring a vote to oust McCarthy, known as a motion to vacate, as early as today, triggering a 48-hour timeline.&nbsp;

Because Republicans hold such a narrow majority in the House, “if more than five hard-liners vote in favor of deposing McCarthy, Republicans will need Democrats to help overcome that margin,” our colleagues Marianna Sotomayor, Leigh Ann and Mariana Alfaro <a href="https://www.washingtonpost.com/politics/2023/10/01/kevin-mccarthy-matt-gaetz-house-speaker/">write.</a>

Where Democrats stand on disposing McCarthy

Democrats are signaling that saving McCarthy, either by voting present on a motion to vacate or by voting present on a motion to table — a procedure expected to be brought up to dispose of the motion to vacate — is far from guaranteed, Marianna, Leigh Ann and Mariana write.&nbsp;

Democrats really dislike — and some even despise — McCarthy and they have zero trust in him. The lack of trust comes after years of broken promises by McCarthy, including his backtracking on the <a href="https://www.washingtonpost.com/politics/2023/04/26/debt-ceiling-explained/" target="_blank" class="contextual_link">debt ceiling</a> agreement with <a href="https://www.washingtonpost.com/elections/candidates/joe-biden-2024/" target="_blank" class="contextual_link">President Biden</a> days after the deal was inked this spring. &nbsp;

McCarthy’s attempt to<a href="https://www.washingtonpost.com/politics/2023/09/30/government-shutdown-averted/?itid=lk_inline_manual_54"> jam Democrats</a> with the short-term spending bill on Saturday to keep the government open by giving them less than 30 minutes notice to read the 71-page bill infuriated Democrats. Democratic leadership asked McCarthy’s office for a bit more time to read the bill but they said no.

Democrats are now even more irate because McCarthy, on CBS’s “Face the Nation” on Sunday, <a href="https://www.cbsnews.com/news/kevin-mccarthy-house-speaker-face-the-nation-transcript-10-01-2023/">tried to blame </a>Democrats for wanting a government shutdown, despite every House Democrat except one voting for the bill that McCarthy put on the floor on Saturday.

House Minority Leader Hakeem Jeffries (D-N.Y.), meanwhile, has built a significant amount of trust and goodwill among his fellow Democrats and he is unlikely to use that political capital to save McCarthy, say multiple people close to the situation.

Any asks Jeffries makes of his party members to salvage McCarthy’s speakership would have to be viewed as a significant win by Democrats, Marianna, Leigh Ann and Mariana write. Democratic leadership is urging lawmakers not to indicate where they stand, according to people familiar with the matter.

Here are some of the things they would want, our colleagues note:&nbsp;

“Rep. Ann Kuster (D-N.H.), chair of the New Democrat Coalition, a large caucus made up of pragmatic Democrats, said in an interview that ‘the deep distrust for McCarthy in the caucus, the legislative record of his conference, and the baseless impeachment are reasons it would be a big lift for any House Democrat to vote to save him.’”

“Some of the demands being floated among Democrats include funding the government at levels previously agreed to by McCarthy and <a href="https://www.washingtonpost.com/elections/candidates/joe-biden-2024/?itid=lk_inline_manual_68&itid=lk_inline_manual_74">President Biden</a>, the reallocation of the number of Democrats compared to Republicans on committees and a more equal percentage of earmarks in appropriations bills; Democrats say they have received a significantly lower percentage of earmarks than Republicans.”

“More drastic concessions could mean asking McCarthy to skirt hard-line conservatives in his conference and form a coalition government where McCarthy governs to the center.”

“‘Democrats don’t intend to telegraph their vote on a motion to vacate, to give Jeffries the best negotiating position,’ said one House Democrat, who spoke on the condition of anonymity to openly discuss internal dynamics.”

A vote on whether to depose McCarthy would heighten the tensions that have riven House Republicans since the battle over the speakership nine months ago, when about 20 Republicans forced McCarthy to endure 15 rounds of balloting. Gaetz has accused McCarthy of violating the deal he struck with hard-liners to become speaker, which has never become public.

It’s unclear how many Republicans would be on Gaetz’s side, but there is frustration with McCarthy in his conference.&nbsp;

However, some House Republicans who support McCarthy have already <a href="https://twitter.com/RepLarryBucshon/status/1708506410407911596?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet">lashed out at Gaetz</a>.

“I fear that attempting to vacate Speaker McCarthy at this juncture is a bad idea that will lead to worse outcomes for conservatives,” Rep. Thomas Massie (R-Ky.) <a href="https://twitter.com/RepScholten/status/1708589875375513889?s=20">wrote on social media</a> late Sunday. Massie, who helped oust John A. Boehner from the speakership in 2015, is close to the House Freedom Caucus but is also a McCarthy ally.

Gaetz has been threatening such a move for weeks, and McCarthy pledged Sunday on “Face the Nation” that he would survive.

“Bring it on,” McCarthy said. “Let’s get over with it and let’s start governing.”

Rep. Dean Phillips (D-Minn.) announced Sunday afternoon that he would step down from Democratic leadership. Phillips has been the co-chair of the Democratic Policy and Communications Committee.&nbsp;

Phillips has publicly and repeatedly <a href="https://www.washingtonpost.com/politics/2023/08/17/phillips-biden-trump/">called for Biden</a> not to run for reelection or, if Biden does run, for another Democrat to challenge him.&nbsp;

“My convictions relative to the 2024 presidential race are incongruent with the majority of my caucus, and I felt it appropriate to step aside from elected leadership to avoid unnecessary distractions during a critical time for our country,” Phillips said in a statement.

Phillips told us last week that he was making no presidential plans until the government is funded. The government did not shut down and his step back from leadership is a big deal. We’re watching to see if Phillips takes any steps toward challenging Biden himself.&nbsp;

Biden has only two things on his public schedule this week and they’re both today: He will commemorate the 33rd anniversary of the Americans With Disabilities Act and hold a Cabinet meeting.

On the agenda for the latter: gun violence, artificial intelligence and the implementation of the bills he signed in his first two years in office.

The first of Trump’s many civil and criminal trials begins today in a Lower Manhattan courtroom. New York Attorney General Letitia James filed a <a href="https://www.washingtonpost.com/national-security/2023/10/01/trump-trials-case-tracker/?itid=sf_article_list">$250 million lawsuit</a> against the former president and his company for allegedly inflating the value of his “real estate empire to negotiate better interest rates from lenders and to cut down on insurance policy costs,” <a href="https://www.washingtonpost.com/politics/2023/10/02/trump-fraud-trial-ny/">our colleague Shayna Jacobs reports</a>. Trump and his children, Donald Trump Jr., Eric Trump and Ivanka Trump, will probably testify.

<a href="https://www.washingtonpost.com/politics/2023/10/02/biden-fain-uneasy-relationship-strike/?itid=lk_inline_manual_100">Biden and UAW’s Shawn Fain forge an uneasy alliance amid labor turmoil</a>. By Toluse Olorunnipa.

<a href="https://www.washingtonpost.com/politics/2023/10/01/mccarthy-mcconnell-congress-government-shutdown/?itid=lk_inline_manual_101">McCarthy, McConnell suffer setbacks over control of their caucuses</a>. Analysis by Paul Kane.

From across the web:&nbsp;

<a href="https://www.wsj.com/politics/elections/democrats-still-publicly-back-biden-for-2024-privately-their-fears-are-growing-657de6e2?mod=hp_lead_pos3">Democrats still publicly back Biden for 2024. Privately, their fears are growing</a>. By the Wall Street Journal’s Catherine Lucey and Ken Thomas.

Thanks for reading. You can also follow us on X, formerly known as Twitter: <a href="https://twitter.com/tobiaraji">@tobiaraji</a>, <a href="https://twitter.com/theodoricmeyer">@theodoricmeyer</a> and <a href="https://twitter.com/LACaldwellDC">@LACaldwellDC</a>.

Rutgers University, BA in Biological Sciences

American University, MA in Journalism and Public Affairs

Tobi Raji covers the federal judiciary and the Supreme Court as a part of The Washington Post's Opportunity Program. She was previously a researcher for The Early 202, a pre-dawn newsletter about the nation’s major power centers, including the White House, Congress and the Supreme Court. She joined The Post in 2021.

Tobi Raji

Deadline Club Award for Newspaper or Digital Local News Reporting, 2014

McGill University

Columbia University

Theodoric Meyer is a national political reporter for The Washington Post and a co-author of the Early 202 newsletter.

Theodoric Meyer

Joan Shorenstein Barone Award for Excellence in Congressional Reporting in 2018

Radio Television Digital News First Amendment Clarity Award in 2019

New York Press Club Award for feature writing on Donald Trump in 2016

North Carolina State University, BA in Communications

Leigh Ann Caldwell is co-author of The Washington Post’s Early 202 and focuses on Congress and politics. She is also an anchor for Washington Post Live, conducting high-impact newsmaking interviews. Before joining The Post in 2022, Caldwell was a correspondent at NBC News, most recently as a member of its congressional unit. 

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