Axios

Defense Secretary Lloyd Austin issued a directive Thursday to improve the U.S. military's approach to civilian harm mitigation and response, calling it a "strategic and a moral imperative."

Why it matters: The Pentagon has faced criticism for years for amassing civilian casualties in its missions, especially in the Middle East. New York Times investigations have found systemic failures in efforts to prevent civilian deaths, as well as a cover-up of a 2019 airstrike that killed dozens of women and children in Syria.

South Florida Republicans in this year’s midterm elections are trying to capitalize on turnout success among Latinos in 2020 while Democrats vie for voters, too.

Driving the news: The Republican National Committee opened a Hispanic community center for cultural and campaign events in Doral, just two miles from former President Trump’s golf course, and in a city with a heavy Venezuelan population.

Alaska Gov. Mike Dunleavy (R) has joined Texas Gov. Greg Abbott's (R) lawsuit to block President Biden and the Department of Defense from enforcing a vaccine mandate for the National Guard, his office announced Thursday.

Why it matters: The lawsuit argues that when national guardsmen are serving the state, the federal government does not have authority over them.

A 15-year-old accused of killing four students in a shooting at a Michigan high school will pursue an insanity defense, AP reports.

The latest: Ethan Crumbley's defense attorney filed a notice Thursday that will lead to a series of mental health exams. The judge will then decide if the insanity defense can go forward based on the findings of the exams, AP notes.

Senate Minority Leader Mitch McConnell on Thursday urged President Biden "not to outsource" his nominee to succeed Supreme Court Justice Stephen Breyer "to the radical left."

What he's saying: "Looking ahead — the American people elected a Senate that is evenly split at 50-50. To the degree that President Biden received a mandate, it was to govern from the middle, steward our institutions, and unite America," McConnell said in a statement.

Latino teen filmmakers, musicians and playwrights are among the high school seniors nominated for this year’s U.S. Presidential Scholars Program.

What to know: The U.S. Presidential Scholars Program was established in 1964 by President Lyndon Johnson to recognize high school seniors that excel academically. An arts scholars program was incorporated in 1979.

President Biden on Thursday said he will announce the nominee for Supreme Court Justice Stephen Breyer's replacement by the end of February.

Driving the news: Biden also affirmed that he will nominate a Black woman to replace Breyer, saying "it's long overdue."

A little-known, often-circumvented provision of the Federal Reserve Act is causing new problems for President Biden's nominees to the world's most powerful central bank.

Driving the news According to the law that established the Fed, each member of the seven-member Board of Governors must come from a different one of the 12 regional districts that divide up the U.S. Three of the president's nominees appear to live in the same Fed district.

President Biden cautioned against ignoring history and warned against a "resurgence of antisemitism," saying "hate doesn’t go away; it only hides" in a statement honoring International Holocaust Remembrance Day.

The big picture: Biden invoked the recent Colleyville, Texas, synagogue standoff and the 2017 tragedy in Charlottesville, Virginia, as present-day reminders of antisemitism and the pressing need to "ensure that bigotry and hate receive no safe harbor, at home and around the world."

Justice Stephen Breyer on Thursday sent a letter to President Biden formally announcing his retirement from the Supreme Court.

State of play: Breyer said his retirement will take effect when the court "rises for the summer recess (typically late June or early July) assuming that by then my successor has been nominated and confirmed."

A federal judge on Wednesday temporarily halted a South Dakota executive order from taking effect that would have placed new restrictions on abortion medications.

Why it matters: U.S. District Judge Karen Schreier granted Planned Parenthood's request for a suspension against Republican Gov. Kristi Noem's order, saying it “imposes an undue burden on a person’s right to seek an abortion.”

Reps. Carolyn Maloney (D-N.Y.) and Jackie Speier (D-Calif.) on Thursday introduced a resolution to recognize that the Equal Rights Amendment has met all legal requirements to be considered the 28th constitutional amendment.

The big picture: If added to the Constitution, the ERA would guarantee that constitutional rights may not be denied or abridged on account of sex.

The EPA is vowing to take new steps to help communities disproportionately burdened by pollution, after Administrator Michael Regan's tour of areas in Louisiana, Mississippi and elsewhere.

State of play: The steps include expanding air monitoring and "aggressively" using unannounced inspections of polluting facilities suspected of noncompliance with standards, the EPA said.

The White House said Thursday that a record 14.5 million Americans have signed up for health insurance through Obamacare marketplaces since Nov. 1, including more than 10 million enrollments through HealthCare.gov.

Why it matters: Last year's stimulus bill contained substantial investments in the program, including increased subsidies for people who don't receive health insurance from an employer or through Medicare or Medicaid.

President Biden's job approval rating has dropped to 34% in Georgia, a closely watched swing state he won in 2020, according to a new Atlanta Journal-Constitution/University of Georgia poll shared with Axios.

Why it matters: Biden risks serving as a drag on his party in key Senate and gubernatorial contests.

Republicans running in high-profile primary races aren't racing to defend Ukraine against a possible Russian invasion. They're settling on a different line of attack: Blame Biden, not Putin.

What's happening: Leery of the base, they are avoiding — and in some cases, rejecting — the tough-on-Russia rhetoric that once defined the Republican Party. GOP operatives working in 2022 primary races tell Axios they worry they'll alienate the base if they push to commit American resources to Ukraine or deploy U.S. troops to eastern Europe.

The U.S. will make sure the Nord Stream 2 gas pipeline project between Russia and Germany won't go ahead if Russian troops invade Ukraine, State Department spokesperson Ned Price told NPR on Wednesday.

Why it matters: Germany's ambassador to the U.S. appeared to support Price's strong rhetoric on the strategically significant pipeline that would circumvent Ukrainian transit infrastructure and deliver Russian gas directly to Germany, eliminating one of the last deterrents Ukraine has against an invasion, per Axios' Zachary Basu.

Asian American and Pacific Islander groups, led by Tongan Americans, wrote to President Biden Wednesday to urge his administration to ramp up aid assistance to Tonga and follow through on climate action to address root causes.

The big picture: The call came as British and Australian navy ships arrived in Tonga to deliver aid without making contact with anyone on the coronavirus-free Pacific Island nation that's been devastated by the deadly Jan. 15 volcanic eruption and tsunami.

A federal judge ordered Oath Keepers leader Stewart Rhodes to remain jailed Wednesday until trial on charges stemming from the Capitol riot.

Why it matters: The judge said the most prominent far-right figure charged in the Jan. 6, 2021, insurrection had access to weapons and his alleged "continued advocacy for violence against the federal government" gave credence to prosecutors' view that, if released, Rhodes could endanger others.

The Biden administration has restored an Obama-era policy requiring federal prisons to consider safety when deciding where to house transgender people, the Bureau of Prisons confirmed to the 19th Wednesday.

Why it matters: Former President Trump had rescinded the policy, forcing hundreds of trans inmates to live in confines based on their sex assigned at birth.

In February 2020 — weeks before COVID-19 became a pandemic and months before Donald Trump's supporters stormed the U.S. Capitol — Justice Stephen Breyer agreed to sit for an interview with Margaret Talev for "Axios on HBO."

Why it matters: Amid the instant analysis on Wednesday about the political effects of his retirement, Talev's mind returned to their conversation — and a speculative question she'd asked about the next presidential election.

Mentions of Ukraine or Ukrainian President Volodymyr Zelensky in congressional statements and social media posts have been on the rise — with nearly 1,000 already this month, according to data from Quorum.

Why it matters: The growing threat of a Russian invasion has been mirrored by a growth in Ukraine-related chatter.

The chance to propel a historic pick onto the Supreme Court is a potential lifeline to the Democratic Party, not because it will shift the high court's ideological balance but because it will shift the nation's political conversation, Axios is told.

Why it matters: Democrats were smarting from political losses in Congress, the president's abysmal approval ratings and a potential Supreme Court vote to overturn Roe v. Wade. They also face the specter of significant midterm losses.

Conservatives know they're unlikely to stop President Biden from filling a Supreme Court vacancy, but they plan to target Senate Democrats who face competitive re-election fights and are all but certain to vote for the successor to Justice Stephen Breyer.

Between the lines: The general strategy will be to tie those Democrats to positions seen as political liabilities in states like Arizona, Georgia and New Hampshire, where incumbents are seeking re-election this year, an operative briefed on early strategy talks told Axios.