Although the result of the presidential race is still uncertain on the day after the 2020 general election, when the Senate returns to Capitol Hill later this month it will have an urgent “to do” list including some kind of relief for the ongoing pandemic, funding the government, and judges awaiting confirmation.
The first hard deadline is December 11, the date the federal government will shut down unless Congress approves the funding to keep it running, according to the Law 360 website, which interviewed stakeholders and Hill operatives:
Muftiah M. McCartin, co-chair of Covington & Burling LLP’s public policy group and a former Democratic House staffer, said quick action on a continuing resolution would clear the decks for budget writers to tackle a major stimulus bill and the fiscal year 2022 budget. Other expiring items could get pushed into next year, including a slew of tax extenders that could be paired with Medicare and Medicaid provisions expiring Nov. 30.
Susan B. Hirschmann, a former Republican aide who is CEO of lobbying firm Williams & Jensen PLLC, suggested there could also be an effort to address “surprise billing” in health care. Sen. Lamar Alexander, a Tennessee Republican who chairs the health committee, is retiring and could push for action on his bipartisan proposal — although there’s a crowded field of other bipartisan bills. But the presumption is against major changes. “I think the most likely scenario is a very lame ‘lame duck,'” Hirschmann said.
However, Covington counsel and former Republican aide Bill Wichterman said most GOP senators remain staunchly opposed to another bill with a price tag over $1 trillion, and even more so after some better-than-expected economic data from the third quarter.
“I’m not sure if Trump will want to start right where the negotiations left off,” Wichterman said. “There was a demonstrable lack of enthusiasm among congressional Republicans.”
“Holland & Knight LLP public policy group leader Rich Gold predicted a smaller measure might advance, with Democrats accepting a curtailed version of liability protections in exchange for new state and local funding,” Law 360 reported.
The news outlet reported that in addition to virus financial relief, broader legislation may take shape to stimulate the economy, including infrastructure projects, which has been on President Donald Trump’s “to do” list long before the economic struggles caused by the pandemic.
But, the report noted, if Democrats have their way infrastructure projects would include government funding for their so-called green energy agenda, including mass transit and alternative energy production.
“Lawmakers could aim to spur demand for hard-hit industries like travel and restaurants, Gold said, predicting bipartisan interest in restoring business entertainment deductions,” Law 360 reported.
As for judicial confirmations, “Several states saw a Senate seat change parties, which will impact judicial picks for federal district courts. Although Republicans in 2017 nixed the ‘blue slip’ tradition for appeals courts, senators still effectively have veto power for their states’ trial courts,” Law 360 reported.
The report also noted that Sen. Doug Jones’ (D-AL) loss to former football coach Republican Tommy Tuberville “eases the path for Republican-favored judicial picks.”
“Judicial picks could look different for the two states where well-known Democrats unseated Republican incumbents,” Law 360 reported. ”Arizona GOP Sen. Martha McSally lost to Democrat Mark Kelly, the Associated Press projected, which means the Grand Canyon State will have two Democratic U.S. senators for the first time since 1953. Former Colorado Gov. John Hickenlooper defeated GOP Sen. Cory Gardner.”
If Joe Biden wins the presidency, he will only have just a few dozen vacant judicial seats, while Trump had 120 openings when he took office.
“McConnell said last week he plans to use the lame-duck session to confirm two circuit judges and as many as 30 district judges,” Law 360 reported.
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