The White House News

FIRST ON FOX: A pro-Palestinian Democrat seeking to represent Michigan in the U.S. Senate is calling for President Biden to drop out of the 2024 race for the White House, claiming his “handling of the Israel-Gaza conflict has thrown his Presidency into a tailspin.”

Nasser Beydoun, who declared in April his candidacy for the Michigan Senate seat being vacated by retiring Sen. Debbie Stabenow, told Fox News Digital that Biden’s incessant support for Israel amid its war with Hamas terrorists has alienated a large portion of his base.

“As a Democratic Candidate for the U.S. Senate in Michigan, given the current environment, I can not support this president as my party’s nominee,” Beydoun, the former chairman and executive director of the Arab American Civil Rights League, said in a statement to Fox.

Biden’s willingness to support Israel’s efforts inside Gaza, Beydoun insisted, has resulted in the alienation and loss of “key voting blocks” that previously supported him in the 2020 presidential election.

AOC LEADS TWO DOZEN DEMOCRATS CALLING FOR ISRAEL CEASEFIRE OVER ‘VIOLATIONS AGAINST CHILDREN’ IN GAZA

“President Biden’s handling of the Israel-Gaza conflict has thrown his Presidency into a tailspin,” he said. “He has alienated not just Arab Americans but Muslims, Christians, Jews, and others in a way that far surpasses our sentiments following President Trump’s Muslim travel ban. These key voting blocks in swing states like mine overwhelmingly supported him in the last election and now find themselves politically homeless.”

“Joe Biden has blood on his hands, and we are disgusted by his support of rampant violence in Gaza,” Beydoun added.

Beydoun — who has donated thousands of dollars to Democrats in the past, including pro-Palestinian Reps. Ilhan Omar and Rashida Tlaib — insisted that “every elected official has a job to represent the needs of their community” and that “Michiganders need a voice in Washington that listens to and understands their needs.”

The ongoing conflict in the Middle East, which Palestinian officials said last week had resulted in the deaths of more than 10,000 people in Gaza, has caused friction within the Democratic Party as several elected members call for a cease-fire.

Biden and other Western leaders have pushed back on calls for a cease-fire in Gaza, arguing it would only serve to benefit Hamas terrorists. Biden’s administration has instead pushed for humanitarian pauses in the fighting, which Israel has agreed to.

Earlier this week, 400 government officials from 40 departments and agencies within the Biden administration signed a letter opposing the president’s handling of the Israel-Hamas war and demanded a cease-fire.

BIDEN SAYS ISRAEL WILL STOP FIGHTING IN GAZA WHEN HAMAS ‘NO LONGER MAINTAINS THE CAPACITY TO MURDER’

Tuesday’s letter, first reported by the New York Times, includes officials from the State Department, White House, National Security Council and the Justice Department. The signatories of the letter remained anonymous to protect against professional retaliation.

“We call on President Biden to urgently demand a cease-fire; and to call for de-escalation of the current conflict by securing the immediate release of the Israeli hostages and arbitrarily detained Palestinians; the restoration of water, fuel, electricity and other basic services; and the passage of adequate humanitarian aid to the Gaza Strip,” the letter reads in part.

Rep. Alexandria Ocasio-Cortez, D-N.Y., is also leading renewed calls for Biden to support a cease-fire between Israel and Hamas over the “grave violations” being committed against children in the war.

Along with 23 other progressive lawmakers, Ocasio-Cortez wrote to Biden and Secretary of State Antony Blinken on Thursday asking for details on the U.S. plan to de-escalate tension in the region.

“We write to you to express deep concern about the intensifying war in Gaza, particularly grave violations against children, and our fear that without an immediate cessation of hostilities and the establishment of a robust bilateral ceasefire, this war will lead to a further loss of civilian life and risk dragging the United States into dangerous and unwise conflict with armed groups across the Middle East,” the progressive lawmakers noted in their letter.

The ongoing tension among Democrats over their support for Israel led to a protest Wednesday evening outside the headquarters of the Democratic National Committee as pro-Palestinian demonstrators grew violent while calling for an immediate cease-fire in the ongoing Israel-Hamas war.

U.S. Capitol Police said about 150 people were “illegally and violently protesting” near the DNC headquarters building in the Capitol Hill neighborhood of Washington.

Biden and his administration have remained steadfast in support of Israel’s ongoing war against Hamas. U.S. officials have strongly condemned the Oct. 7 terror attacks on Israel, in which Hamas terrorists infiltrated the Jewish state and massacred as many as 1,200 people, taking some 240 back to Gaza as hostages.

Israel has responded by bombarding Gaza with rocket fire and a ground invasion.

Fox News’ Anders Hagstrom and Elizabeth Elkind contributed to this report.

Top Democrats who have been pressuring the Supreme Court to adopt a new code of ethics appear dissatisfied after the court’s unprecedented announcement of a new Code of Conduct, saying the code alone isn’t enough. 

Majority Leader Chuck Schumer, D-N.Y. said, “It is long past time for a code of conduct that explicitly applies to the justices,” adding “the lack of any way to enforce the code should any justice decide to ignore it is a glaring omission.”

Senate Judiciary Chairman Dick Durbin, D-Ill., said the new rules “fall short” of what Congress “could and should expect,” despite several Republicans saying Democrats’ efforts would be unconstitutional. 

“I’m still reviewing the court’s new code of conduct. For now, I will note that the court’s adoption of this code marks a step in the right direction,” said Durbin.

‘DANGEROUS’ DEMOCRAT JUDICIAL ETHICS BILL WOULD ALLOW ANY ‘JACKALOON’ TO DEMAND A RECUSAL, SEN. KENNEDY SAYS

“It may fall short of the ethical standards which other federal judges are held to, and that’s unacceptable And if it falls short, the American people will ultimately have the last word, and the integrity of the court is at issue,” he said.

Sen. Sheldon Whitehouse, D-R.I., echoed that sentiment in comments via a video on X, formerly Twitter, calling the code a “first step” and pushed for congressionally imposed enforcement rules.

But a Republican Judiciary Committee member, Sen. Marsha Blackburn of Tennessee, said, “It’s the court’s role – not Congress’ – to set out how they operate as an independent, coequal branch of government.” 

“The efforts from Senate Democrats – including with their recent subpoena authorization charade – are nothing more than an attempt to delegitimize the court as an institution, simply because they disagree with its recent decisions,” she charged. 

SENATE DEMOCRATS TURN UP THE HEAT, ANNOUNCE ‘NEXT STEP’ IN SUPREME COURT ETHICS INVESTIGATION

Blackburn added the committee should focus its efforts on “protecting the safety” of the justices and their families “given the threats from the far left” they’ve faced in recent months. 

Last week, Democrats on the committee attempted to authorize subpoenas of private citizens for their connections to some of the justices on the court, but after Republicans countered with threatening to request subpoenas for things like Jeffrey Epstein’s private jet manifests, Democrats appeared to sour on the idea.

DEMOCRATIC SENATOR FILES ETHICS COMPLAINT AGAINST SUPREME COURT JUSTICE SAMUEL ALITO

On Tuesday, the nine justices issued an unprecedented Code of Conduct, along with a statement that said, “For the most part these rules and principles are not new: The Court has long had the equivalent of common law ethics rules, that is, a body of rules derived from a variety of sources, including statutory provisions, the code that applies to other members of the federal judiciary, ethics advisory opinions issued by the Judicial Conference Committee on Codes of Conduct, and historic practice.” 

“The absence of a Code, however, has led in recent years to the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules,” they said.

“To dispel this misunderstanding, we are issuing this Code, which largely represents a codification of principles that we have long regarded as governing our conduct,” the justices added.

The code is a set of five “canons,” including two new provisions that appear to be in response to reports over travel arrangements for private trips taken by Justices Samuel Alito and Clarence Thomas paid by others, and use of court staff for book promotion – referring to a recent report on Justice Sonia Sotomayor’s staff urging colleges and libraries to buy her latest book.

SUPREME COURT ADOPTS MODIFIED ETHICS CODE AFTER PRESSURE FROM HILL DEMS

But Durbin responded with thinly veiled criticism, saying, “After years of refusing to act, a series of scandalous disclosures involving several justices on the court, and the Senate Judiciary Committee passing legislation sponsored by Sen. Sheldon Whitehouse on ethical reform, the Supreme Court has finally responded.”

“Today, for the first time in history, the Supreme Court of the United States is at least saying to the American people: ‘We hear you,'” he declared.

Durbin said he will “carefully review this proposed code of conduct to evaluate whether it complies with our goal that the highest court in the land not languish with the lowest standard of ethics in our federal government,” adding that it “begins a dialogue which can end with restoring integrity of the court. 

Carrie Severino, JCN president and a former clerk for Justice Thomas, predicted Tuesday that she doubts the code “will satisfy Senate Democrats and their liberal dark-money backers, as their campaign has never really been about ethics but rather intimidating a court that it despises for being faithful to the Constitution.”

SOTOMAYOR’S WEALTH HAS SKYROCKETED SINCE JOINING SUPREME COURT, RAISING ETHICS CONCERNS

Democrats on the committee have pushed to pass the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act, which would have required the Supreme Court to adopt a code of conduct, create a mechanism to investigate alleged violations of the code of conduct and other laws, update disclosure and transparency when a justice has a connection to a party or amicus before the court, and require justices to explain their recusal decisions to the public.

But it was met with sharp criticism from Republicans, including Sen. John Kennedy, R-La., who said the measure would be “”as dead as a fried chicken,” indicating that he did not believe the measure would earn the 60 votes needed to advance on the Senate floor. 

‘DANGEROUS’ DEMOCRAT JUDICIAL ETHICS BILL WOULD ALLOW ANY ‘JACKALOON’ TO DEMAND A RECUSAL, SEN. KENNEDY SAYS

He also said the legislation is meant to be “a court-killing machine.”

“It would allow any jackaloon out there in America in a tinfoil hat, whose own dog thinks he’s an utter nutter, to file a motion to recuse a United States Supreme Court justice.”

“Now, what could possibly go wrong? And my Democratic colleagues know that,” he said. 

Kennedy said the bill is “dangerous, but it’s unserious.” 

The House Intelligence Committee is unveiling a series of proposals to reform a key surveillance tool that’s been both credited with preventing terror attacks on U.S. soil as well as accused of being a vehicle for spying on U.S. citizens. 

Section 702 of the Foreign Intelligence Surveillance Act (FISA) lets the U.S. government keep tabs on specific foreign nationals outside the country without first obtaining a warrant to do so.

The 73-page report by Republicans on the committee’s bipartisan FISA Working Group was led by Rep. Darin LaHood, R-Ill. It defends section 702, added to FISA in 2008, as a critical part of U.S. defense in the wake of Sept. 11, 2001. 

“[I]t is hard to find an adjective that adequately describes a tool that has done as much to safeguard American lives and liberty as it has,” the report said. “We are unable to calculate just how many lives it has saved. It is worth noting that there has not been another 9/11 since Section 702’s inception, despite the persistent threat of terrorism.”

However, the report also acknowledges, “Section 702 has a number of problems requiring significant reform — from the need for increased penalties, compliance, and oversight, to the querying abuses by the FBI.”

Section 702 is set to expire at the end of this year, and is already facing an uphill battle for renewal. 

Critics of the program have accused it of being overbroad and susceptible to abuse. Members of Congress on both the extreme right and left have claimed it encroaches on Americans’ civil liberties, specifically if the FBI conducts warrantless surveillance on communications between Americans and foreign nationals.

Allies of former President Donald Trump, like Reps. Matt Gaetz, R-Fla., and Marjorie Taylor Greene, R-Ga., have claimed the program was used to improperly spy on the Trump 2016 campaign, including ex-aide Carter Page.

But the Friday report sought to beat back those accusations. Lawmakers disputed the notion that Section 702 allows the intelligence community to access all of a U.S. citizen’s correspondence if they communicate with a foreign national.

“If a U.S. person communicates with a target of Section 702 collection, only the specific correspondence in which the foreign target is a party is collected — this is referred to as ‘incidental collection.’ The government can never target U.S. persons whose communications are incidentally collected under Section 702,” it said. 

The report also calls Section 702 “individualized and extremely limited” to foreigners “who possess or communicate specific types of foreign intelligence information.”

And while lawmakers acknowledge that FBI abuses were found to have occurred in the FBI’s surveillance of Page and the 2016 Trump campaign, they maintained that those were separate from Section 702. 

Republicans shared their thoughts on the violent protests outside the Democratic National Committee (DNC) on Wednesday night that saw U.S. Capitol Police (USCP) officers pepper sprayed by protesters.

The Capitol Hill neighborhood of Washington, D.C., saw fireworks on Wednesday night when pro-Palestinian protesters clashed with police in front of the DNC.

Republicans weighed in on the protests online, with Florida Rep. Kat Cammack posting a video of the protest while she was on Capitol Hill.

PRO-PALESTINIAN VIOLENT PROTEST ERUPTS OUTSIDE DNC HEADQUARTERS IN WASHINGTON DC, CAPITOL POLICE INJURED

“I am on Capitol Hill right now and it’s on lockdown,” Cammack wrote. “No getting in or out of our offices.”

“We have officers that were pepper sprayed by pro-Hamas protestors with a lot of people attempting to break into the Democratic HQ,” she continued. “Anyone else notice how violent the so-called ‘ceasefire’ crowd is?”

Arizona Rep. Andy Biggs, a Republican, posted that the “nation’s capital is under siege.”

“Last week, it was the White House,” Biggs wrote. “This week, it’s the DNC.”

“These left-wing lunatics have to be held accountable,” he added.

“Thank you [USCP] for keeping Democrats safe from their own terrorist loving supporters,” Rep. Mike Collins, R-Ga., posted. “Stay safe out there.”

National Republican Congressional Committee communications director Jack Pandol said in a statement that sometimes “saying nothing says everything.”

“Multiple officers injured in the line of duty and Democrats can’t even offer a simple thank you – let alone condemn the antisemitic riot,” Pandol said.

“The glaring truth is, these pro-Hamas rioters represent Democrats’ base of support and they are terrified to offend them,” he continued.

Fox News Digital has reached out to the DNC for comment.

The USCP released a statement on Thursday regarding Wednesday night’s protests after “approximately 200 people” gathered to protest Israel’s war with the Palestinian terrorist group Hamas.

“We have handled hundreds of peaceful protests, but last night’s group was not peaceful,” the USCP wrote. “The crowd failed to obey our lawful orders to move back from the DNC, where Members of Congress were in the building.”

“When the group moved dumpsters in front of the exits, pepper sprayed our officers and attempted to pick up the bike rack, our teams quickly introduced consequences – pulling people off the building, pushing them back, and clearing them from the area, so we could safely evacuate the Members and staff.”

“Six officers were treated for injuries, from minor cuts to being pepper sprayed to being punched,” the USCP said.

USCP revealed that “24-year old Ruben Arthur Camacho of Woodbridge, NY, was arrested for Assault on a Police Officer after an officer witnessed Camacho slam another officer into a garage door and then punch the female officer in the face.”

“Last night our team was quick, decisive, courageous and in control,” the Capitol Police wrote.

“When demonstrations cross the line into illegal activity it is our responsibility to maintain order and ensure people’s safety,” they concluded.

Fox News Digital’s Chad Pergram contributed reporting.

President Biden told a group of world leaders that California Gov. Gavin Newsom “could have the job I’m looking for” if he wanted, amid a low approval rating and discontent within his own party.

“I want to talk about Governor Newsom. I want to thank him. He’s been one hell of a governor, man,” Biden said Wednesday during a welcome reception for APEC Leaders in San Francisco. “Matter of fact, he could be anything he wants. He could have the job I’m looking for.”

Biden’s eyebrow-raising comment was made at “the most significant event with world leaders in San Francisco in recent history,” according to the APEC 2023 website for the event.

Newsom recently elevated rumors of running a “shadow campaign” amid trips to Israel amid its war with Hamas, before heading to China late last month to meet with Chinese President Xi Jinping.

LIBERAL COLUMNSITS, DEMS PILE ON BIDEN, SUGGEST DEMOCRATS EMBRACE NEW CANDIDATE AMID DISMAL POLLS

“The track record is not good for him to be gallivanting around the world doing basically a shadow campaign for president, just waiting for the moment when they finally decide to throw Biden under the bus,” Rep. Doug LaMalfa, R-Calif., told Fox News Digital amid Newsom’s travels.

LaMalfa added that Biden is the “starter” and Newsom is the “backup quarterback” in the 2024 race, as more Democrats vocalize their concern over the strength of a Biden nomination.

“I don’t think the president should run,” former Democrat Rep. Tim Ryan recently told CNN. “I don’t think Trump should run; I don’t think President Biden should run.”

David Axelrod, a former President Obama advisor, also questioned whether a Biden nomination would be the wisest choice for the Democratic Party next cycle.

“Only @JoeBiden can make this decision,” Axelrod posted on social media. “If he continues to run, he will be the nominee of the Democratic Party. What he needs to decide is whether that is wise; whether it’s in HIS best interest or the country’s?” 

FETTERMAN HITS NEWSOM FOR NOT HAVING ‘GUTS’ TO ADMIT HE’S RUNNING SHADOW CAMPAIGN AGAINST BIDEN

An anonymous former state lawmaker in Michigan suggested Biden is a “transitional president.”

“It feels like he was the perfect person for 2020. But not for 2024,” a former Democratic state lawmaker, whose name was not revealed, told The Wall Street Journal. “He’s a transitional president, and you have to know when to transition, and it is now.”

While some Democrats are calling for Biden to step aside, Sen. John Fetterman, D-Pa., accused Newsom of running a shadow campaign and not having the “guts to announce it.”

“Let me say something that might be uncomfortable,” Fetterman said at a Democratic Party dinner in Iowa. “Right now there are two additional Democrats running for Pennsylvania, excuse me, running for president right now. One, one is a congressman from Minnesota. The other one is the governor of California. They’re both running for president, but only one had the guts to announce it.”

Biden campaign manager Julie Chávez Rodríguez told reporters on the eve of the second Republican presidential nomination debate in September that Newsom has been a “tremendous asset to the campaign, and we’re really grateful to have him as part of our national advisory board.”

Newsom has said he would not run against Biden in 2024, but should the president drop out of the race, Axios predicts potential Democratic alternatives are positioning themselves to jump in the race.

“Democratic governors and senators are quietly moving to boost their national profiles and position themselves to run for president in 2028 — or in 2024, if President Biden unexpectedly drops out,” Axios reported in a recent story.

As many Democrats and strategists express concern over a 2024 Biden campaign, Fox News and Quinnipiac University surveys, both dropped Wednesday, reveal 59% of voters currently disapprove of Biden’s job performance as president.

A recent CNN poll also found Biden trailing Trump by four percentage points, 49%-45%, among registered voters in a hypothetical 2024 matchup.

Democratic Rep. Dean Phillips, D-Minn., and spiritual guru Marianne Williamson are both running in the primary against Biden, who will turn 81 years old on Nov. 20 and continue making history as the oldest American president to-date.

Fox News’ Nikolas Lanum and Andrew Mark Miller contributed to this report.

Sen. Tommy Tuberville’s, R-Ala., colleagues pleaded on the Senate floor early Thursday morning – from midnight until nearly 4 a.m. – to drop his objection to military promotions, which has placed more than 400 positions in limbo for nine months, over the Pentagon’s abortion policy 

Sens. Lindsey Graham, R-S.C., Todd Young, R-Ind., Dan Sullivan, R-Alaska and Joni Ernst, R-Iowa, again tried to push a batch of distinguished nominees to top military leadership positions through the Senate just two weeks after their first attempt. 

Sen. Mike Lee, R-Utah, a staunch supporter of Tuberville, objected. 

“Senators Sullivan and Ernst are making some great tributes to generals and admirals whose confirmations have been delayed,” Lee posted to X just before 2:30 a.m. on Thursday. “I wish they’d blame President Biden even half as much as they’re – quite unfairly – blaming Sen. Tuberville.” 

SENATE DEMOCRATS ADVANCE MEASURE TO CIRCUMVENT TUBERVILLE’S MILITARY HOLDS 

The DOD’s abortion policy – which pays for some expenses incurred by an abortion procedure for service members – was implemented without approval from Congress after the overturning of Roe v. Wade last year.

Tuberville has argued the policy violates the 1976 Hyde Amendment, which limits the use of federal funds to pay for abortion services except in cases of rape, incest or when the life of the mother is at risk. 

On the floor, Graham appealed to Tuberville’s opposition to the policy and signaled his pro-life advocacy, but he opposed the blockade. Instead, he championed taking the policy to court. 

“Generally speaking in America, when you get a legal dispute, you go to court,” Graham said Thursday morning. “The DoD general counsel has a memo it doesn’t violate the Hyde Amendment. I think they’re wrong. But we’re not a court of law here.”

TUBERVILLE NOT BUDGING ON MILITARY HOLDS OVER ABORTION POLICY AS DEMS EYE RULES CHANGE

The GOP lawmakers took turns praising some of the military leaders awaiting promotions and reading their biographies, and argued they are being “held hostage” by objections to a policy that they have no control over.

“We need to fix the policy that – the abortion policy – that we all disagree with here,” Sullivan said. “There’s a number of ways that we can do it. Again, I worked with Sen. Tuberville on ways to do that. And I do agree with my colleagues here. This was started and provoked by the Biden administration, but punishing these 450 members and their families is not the best way to go about doing that.”

Ernst said she and her colleagues are “all pro-life” but appealed to Graham’s suggestion of changing the policy through the court. 

“There has to be another way to overturn this policy,” Ernst said. “That’s our jobs, it’s not the jobs of these nominees. It’s our job to make sure the policy is right.”

Tuberville remained seated at his desk while Lee defended the objection. The debacle occurred just after the Senate voted to pass the House’s bill to keep some government programs funded until staggered deadlines in January and February.

TUBERVILLE TO MAINTAIN HOLD ON MILITARY NOMINEES OVER PENTAGON ABORTION POLICY

“We’ve been asked the question over and over again, why punish the innocent?” Lee said on the floor. “Indeed, why punish the innocent? You know who’s innocent? Babies. You know who doesn’t have a voice in the Senate? Babies. You know who can’t speak for themselves? Babies.”

“How many future admirals are going to be aborted by this policy by the Pentagon itself?” he added. 

Democrat senators on the Rules Committee advanced a resolution Tuesday to circumvent Tuberville and confirm the military promotions. The resolution heads to a full floor vote and will need nine Republicans to vote alongside Democrats to codify the measure.

New York’s highest court heard arguments Wednesday in a lawsuit that could reshape congressional districts in the state, which is expected to be a key battleground next year in the fight for control of the U.S. House.

The Court of Appeals hearing in Buffalo came as Democrats want to scrap the state’s district lines after losing congressional seats that helped Republicans win a narrow majority last year.

Democrats want the maps to be redrawn in a way that will give the party an edge in 2024. Republicans are trying to keep the current district lines in place.

NEW YORK’S LEGAL BID TO REDRAW HOUSE MAP COULD DECIDE CONTROL OF CHAMBER

DRAFT OF NY CONGRESSIONAL REDISTRICTING MAP ‘ABSOLUTELY BRUTAL’ FOR DEMS

The case could have major ramifications for the coming elections, where Republicans’ control of the House is set to be tested by races in New York and other states where redistricting battles could sway seats in favor of either party.

“New York is being looked at as one state that can provide more congressional opportunities,” said New York Law School professor Jeffrey Wice, adding “each of these court battles matter as Democrats try to win their way back to a majority.”

The lawsuit follows a bungled redistricting effort by Democrats for the 2022 elections.

The maps used in last year’s elections were supposed to be drawn by an independent, bipartisan commission that was established by voters to remove politics from the redistricting process. But Republicans and Democrats on the commission could not reach a consensus and eventually gave up, allowing the Democrat-controlled Legislature to draw its own map.

That map was expected to give Democrats a major edge by clustering Republican voters into a few GOP super districts, while diluting their voting power in the rest of the state.

A legal challenge stopped the Democrats’ plan though.

The Court of Appeals ruled that the state Legislature hadn’t followed proper procedure in adopting the maps. A judge instead had an independent expert draw a new set of congressional lines that, along with strong GOP turnout, led to Republicans flipping seats in the New York City suburbs and gaining control of the House.

Now, Democrats want the Court of Appeals to restart the redistricting process.

They argued that the maps should be redrawn by the commission, following a set of procedures in state law, rather than reusing the court-drawn map from last year.

Republicans said the court’s expert came up with politically balanced districts that shouldn’t be discarded.

“They’re asking for a do-over to try and gerrymander the state again, and it really flies in the face of common sense,” said John Faso, a former congressman who is advising other Republicans in the case.

Judges on the Court of Appeals applied heavy scrutiny to both sides during the almost two-hour long hearing Wednesday, which centered on the interpretation of constitutional questions that have lingered over the current map. It is unclear exactly when the Court of Appeals will issue a decision in the case.

NEW YORK’S HIGHEST COURT STRIKES DOWN DEMS’ ‘PARTISAN’ REDISTRICTING IN ‘BIG TIME’ DEFEAT

Similar redistricting fights are still playing out in other states.

Nationwide, Democrats have dedicated major financial and organizational resources to retake districts in New York next year. Republicans are aiming to hold onto the seats, focusing on issues such as crime and the arrival of migrants that they hope will animate suburban voters.

About a week ago, many looked to New York’s election results for clues about how suburban areas around the country may vote next year.

Republicans, who won all four congressional races on Long Island in 2022, continued their streak there with wins in county executive races. Democrats, meanwhile, notched wins in suburbs north of the city.

FIRST ON FOX: House Republicans announced Thursday that they are probing the Biden administration over its proposed menthol cigarette ban, which is expected to be finalized in the coming weeks.

In a letter to senior White House officials, House Small Business Committee Chairman Roger Williams, R-Texas, and Rep. Dan Meuser, R-Pa., expressed concern about the proposed regulations and listed a series of questions about the rulemaking process. They urged the administration to consider the proposal’s “significant economic impacts on small entities” and potential “fueling of illicit markets” that would result.

“Unfortunately, the Biden administration has proposed another rule that would disproportionally harm our nation’s small businesses,” Williams — who led the letter to Office of Management & Budget Director Shalanda Young and Office of Information & Regulatory Affairs Administrator Richard Revesz — told Fox News Digital in a statement. 

“Banning menthol cigarettes would result in an estimated loss of $2 billion dollars in sales at convenience stores across the country and would simply create a black market for these products,” he continued. “It is my hope that Director Young and Administrator Revesz reject this rule and allow small business to operate without government interference.”

CONSERVATIVE GROUP UNLEASHES 6-FIGURE AD CAMPAIGN TARGETING BIDEN’S MENTHOL CIGARETTE BAN

Williams and Meuser noted in their letter that, under the Regulatory Flexibility Act, agencies are required to analyze proposed rules and assess whether they will have a significant economic impact on a substantial number of small businesses. They added that the federal government’s analysis showed such a significant impact, supporting data released by the National Association of Convenience Stores (NACS).

According to the NACS, which sent a letter to President Biden opposing the proposal on Nov. 8, the rule would lead to a reduction of $72,285 a year in non-tobacco sundry sales and $160,107 a year in tobacco product sales for the average convenience store nationwide. Overall, the convenience industry would collectively lose $2.16 billion in sales.

BIDEN ADMIN’S PROPOSED MENTHOL CIGARETTE BAN COULD BECOME LIABILITY IN 2024: ‘UNINTENDED CONSEQUENCES’

“Prohibition has never worked,” Javier Palomarez, the president and CEO of the United States Hispanic Business Council (USHBC), another group opposing the proposal, said in a statement this week. “The proposed menthol ban flies in the face of American voters and is poised to dismantle a sizable portion of our economy as tax-paying, law-abiding and job-creating convenience stores rely on these products for 30% of their sales.”

“Further, the tobacco industry as a whole supports over 600,000 jobs and $40 billion in wages. This economic activity contributes over $45 billion annually in federal and state taxes, a significant amount of which goes to fund our public schools,” said Palomarez. “The ban will also create an illegal market, shifting sales and revenue away from innocent, small businesses and hand Mexican cartels a new revenue source.”

In April 2022, the FDA issued product standards to prohibit menthol as a characterizing flavor in cigarettes and prohibit all characterizing flavors other than tobacco in cigars. The agency said the move would reduce disease and death from tobacco product use by reducing youth experimentation and addiction, and increasing the number of smokers that quit.

Tobacco smoking remains the lead cause of preventable death nationwide, according to the FDA. In proposing the rules, the FDA cited its congressional authority to adopt tobacco product standards.

EX-LAW ENFORCEMENT OFFICIALS WARN BIDEN’S MENTHOL CIGARETTE BAN COULD ‘CREATE A VACUUM’ FOR MEXICAN CARTELS

Last month, the FDA sent the proposed regulations to the White House Office of Management and Budget for review, a final step in finalizing and eventually implementing the menthol cigarette ban. Brian King, the director of the FDA’s Center for Tobacco Products, previously told Fox News Digital that the move means the proposal reached its “final step of review for regulatory documents.”

“The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit,” Health and Human Services Secretary Xavier Becerra said after the rule was proposed. “Additionally, the proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities.” 

In addition to NACS and USHBC, regional organizations representing convenience store operators, and other national business groups like the Convenience Distribution Association have lined up in opposition to the proposal. Lawmakers including Sens. Tom Cotton, R-Ark., and Kyrsten Sinema, I-Ariz., have also pushed back on the regulations.

Menthol cigarettes represent 34% of total cigarette sales, and flavored cigars account for 51% of cigar sales in convenience stores, NACS data showed. In addition, consumers who purchased menthol cigarettes and flavored cigars also purchased $10.7 billion in other non-tobacco products during visits to convenience stores last year.

Additionally, a Tax Foundation analysis conducted in 2022 concluded the restriction would cost the federal government $1.9 billion and state governments a total of $4.7 billion, given the high tax rates on cigarettes.

However, proponents of the proposed action said it could lead to reduced tobacco use and ensure positive health outcomes.

“Once finalized, rules to end the sale of menthol cigarettes and flavored cigars rule will be the most significant actions that the FDA’s Center for Tobacco Products has taken in its 14-year history. The American Lung Association is eager for these lifesaving rules to be implemented and urges the White House to finalize these rules before the end of the year,” American Lung Association CEO and President Harold Wimmer said last month.

“The science and data are clear. Ending the sale of menthol cigarettes and flavored cigars will save lives,” Wimmer continued. “It will also help reduce the unjust disparities in tobacco use caused by the tobacco companies targeting certain communities with menthol cigarettes.”

The NAACP, 100 Black Men of America Inc., U.S. Conference of Mayors and Campaign for Tobacco-Free Kids have also signaled support for the FDA’s proposal.