Axios

The Justice Department has waived ethics rules to allow Solicitor General Elizabeth Prelogar to participate in some of the most high-profile cases before the Supreme Court, records show.

Why it matters: The waivers show how officials are balancing extensive private sector work with longstanding conflict-of-interest laws as well as stringent new ethics rules put in place in President Biden's first days in office.

Republicans on the House Science Committee are asking President Biden to examine whether Jane Lubchenco, a marine scientist who serves as a senior White House science official, violated scientific integrity policies prior to joining the administration.

Why it matters: Lubchenco, the first deputy director of climate and environment in the White House Office of Science and Technology Policy, is the co-chair of the White House's Scientific Integrity Task Force. The group issued its first report last month, outlining a framework for scientific integrity across federal agencies to help address political interference in science.

The number of abortions performed in Texas fell by 60% in the first month after the most restrictive abortion ban in the U.S. went into effect, according to data released Thursday by the Texas Health and Human Services Commission.

By the numbers: In August, there were a total of 5,404 clinic abortions conducted. That number fell dramatically in September to 2,197.

Supreme Court Justice Sonia Sotomayor said Wednesday she sees an "unprecedented" threat to the court as the confirmation battle to fill Justice Stephen Breyer's seat looms.

Driving the news: "I have concerns that we might be in crisis as norms in the nomination process are broken," Sotomayor said at a virtual lecture for New York University Law School.

Rep. Liz Cheney (R-Wyo.) defended the actions of the Jan. 6 select committee in an op-ed in the Wall Street Journal on Thursday, writing that the committee's investigation is "about fidelity to the Constitution and the rule of law."

Why it matters: The Republican National Committee censured Cheney and Rep. Adam Kinzinger (R-Ill.) last week over their participation on the select committee.

Toyota and Ford continued production cuts on Thursday as anti-vaccine mandate protesters persisted to block a U.S.-Canada border crossing that serves as a key link for the auto industry., per CNBC.

Why it matters: Automakers say the shutdown of the Ambassador Bridge for a fourth day on Thursday is hurting supply chains and causing headaches in an industry that was already facing a global chip shortage.

Nevada Gov. Steve Sisolak (D) on Thursday rescinded the state's mask mandate in public places, including schools, effective immediately.

Why it matters: Nevada now joins several other Democrat-controlled states that have also ended their mask requirements and other restrictions meant to lower the spread of COVID-19 this week.

With rare bipartisan support, the Senate passed landmark workplace legislation on Thursday that forbids companies from forcing sexual harassment and assault claims into arbitration.

Why it matters: The secretive dispute resolution process keeps litigation out of the public eye and is widely considered to favor employers over workers. The bill is the first major piece of legislation to come out of the upheaval of the #MeToo era. It now heads to President Biden for his signature.

People protesting vaccine mandates in Canada blocked the main U.S.-Canada border crossing in Manitoba on Thursday with a number of vehicles and farm equipment, the Royal Canadian Mounted Police in the province said.

Why it matters: Three ports of entry between the two countries have now been either temporarily closed or delayed by several hours over the protests, and auto factories that rely on those crossings have begun halting production.

Robot dogs could soon help patrol the U.S.-Mexico border.

Why it matters: Both political parties have long said U.S. Customs and Border Protection needs more technology to monitor the 2,000-mile terrain, but some Democrats and advocates say the border is already overly militarized.

The House panel probing the Jan. 6 insurrection has found gaps in White House phone logs from the day of the attack, with investigators finding few records of calls that former President Trump made which are known to the committee, the New York Times reports.

State of play: There is no evidence that the logs were altered, per the Times, and Trump is known to have routinely used his personal cellphone. But the lack of information has made it more difficult to piece together what Trump was doing during the riot.

Rep. Adam Kinzinger (R-Ill.) said Thursday that "we have to recognize" the possibility of a civil war, adding, "I don't think it's too far of a bridge to think that's a possibility."

Driving the news: "We're identifying now by our race, by our ethnic group, we're separating ourselves and we live in different realities," Kinzinger said on ABC's "The View."

Connecticut Gov. Ned Lamont (D) explained his decision to lift his state's mask mandate because his state's hospitalization rates are down, he said in a CNBC interview on Thursday.

Driving the news: 552 patients in Connecticut are hospitalized with COVID as of Wednesday, down from 1,270 hospitalizations on Jan. 27th, according to state data.

Authorities have arrested and charged a 16-year-old boy with terroristic threats in connection to bomb threats at multiple public and charter schools in Washington, D.C. on Wednesday, Metro Police said Thursday.

Driving the news: "MPD continues to investigate these incidents with our federal partners," the D.C. police department wrote on Twitter.

While President Trump was in office, staff in the White House residence periodically discovered wads of printed paper clogging a toilet — and believed the president had flushed pieces of paper, Maggie Haberman scoops in her forthcoming book, "Confidence Man."

Why it matters: The revelation by Haberman, whose coverage as a New York Times White House correspondent was followed obsessively by Trump, adds a vivid new dimension to his lapses in preserving government documents. Axios was provided an exclusive first look at some of her reporting.

Former President Trump said Thursday that he was "under no obligation" to return White House records to the National Archives and Record Administration at the end of his presidential term.

Driving the news: Trump also denied that he destroyed or flushed "papers and documents down a White House toilet."

The House Oversight Committee announced Thursday that it will start an investigation into former President Trump's handling of presidential records after the National Archives retrieved 15 boxes from his Mar-a-Lago residence.

Driving the news: The move comes one day after the National Archives and Records Administration reportedly asked the Justice Department to investigate the matter.

A Department of Homeland Security bulletin warns law enforcement across the U.S. that a convoy of truckers protesting vaccine mandates, similar to protests in Canada, could begin soon in the U.S., CNN reports.

Driving the news: A DHS official told Yahoo News truckers could "follow the Canadian model and shut down Washington."

Tesla is being sued over allegations of systemic racial discrimination at the company’s California facilities, a state regulatory agency announced late Wednesday. Tesla said ahead of the lawsuit that such action was "misguided."

Driving the news: California Department of Fair Employment and Housing (DFEH) director Kevin Kish said in an emailed statement that the agency filed the lawsuit Wednesday in the Alameda County Superior Court following an investigation launched after "receiving hundreds of complaints from workers."

The failed Build Back Better negotiations have left the relationship between Senate Majority Leader Chuck Schumer and Sen. Joe Manchin (D-W.Va.) severely strained.

• Both senators — and their staffs — quietly question whether the other side can be trusted, four sources close to the situation told Axios.

Why it matters: Democrats are privately concerned the breach will affect any effort to revive President Biden's BBB agenda. A medical absence by Sen. Ben Ray Luján (D-N.M.) already deprives Schumer of a reliable party vote.

Democrats up and down the chain are determined to exact a political cost after the Republican National Committee passed a resolution describing the Jan. 6 Capitol attack as "legitimate political discourse."

Why it matters: With historical trends in their favor, many Republicans have lamented that persistent talk about Jan. 6 is complicating their path back to the majority.

• “I think we should be focused on the elections and not this nonsense,” Rep. John Katko (R-N.Y.) said of the resolution last week.

Rep. Josh Gottheimer (D-N.J.) has reported more stock purchases and sales during the past two years than any other member of the U.S. House of Representatives, according to an Axios analysis of data from the House Stock Watcher.

Why it matters: Bipartisan momentum is building around legislation that would ban lawmakers from owning and trading individual stocks. House Speaker Nancy Pelosi is now backing some of the efforts after long fighting stock bans, as was reported on Wednesday.

New Mexico's main transparency group is urging U.S. Sen. Ben Ray Luján (D-N.M.) and his staff to release more information about his health following a stroke two weeks ago.

Why it matters: Luján is notoriously private, but a lack of health updates is making some New Mexico Democrats nervous about the future of his seat in a 50-50 Senate.