Republicans have had to defer many of their legislative dreams, hoping the post-election release of political pressure could set up a productive “lame duck” session before a new Congress is seated.
Fat chance, many GOP lawmakers now say.
Beyond the uncertainties surrounding the midterms and a potential transition of power on Capitol Hill, members will return to Washington facing a considerable list of must-pass bipartisan bills but also potentially messy internal leadership fights, a foul national mood and a mere 24 legislative days to get anything done.
One thing on Republicans’ minds is whether some of their members even come back to vote.
“The question becomes: Who shows up for work after the elections?” Rep. Austin Scott (R-Ga.) said in an interview. “Attendance is an issue right now.”
There are some items, Scott added, that “ultimately … have to get done.” Those include an extension of government funding past Dec. 11 and the annual Pentagon policy bill. Major pieces of legislation to reauthorize farm, transportation and surveillance programs are also on deck. All are loaded with potential partisan flashpoints, however, and won’t be legislative chip shots.
Then there are pending bipartisan bills overhauling energy permitting and the college sports industry that many members are itching to get done this year. But many lawmakers fear those could easily get left behind — especially if Democrats can win control of either chamber and seek greater influence on the final products.
“What do you think?” an exasperated Sen. Thom Tillis (R-N.C.) said about the prospect for bipartisan accomplishments in the lame duck. “I mean, why? If you think about it, if Democrats win the House, why would they?”
Rep. Dan Newhouse (R-Wash.), who like Tillis is leaving Congress at the end of the year, echoed the belief that Democrats would “want to put their fingerprints more on things before they pass” in a majority-flips scenario.
Senate Minority Leader Chuck Schumer suggested as much in a recent interview: “The lame duck will be quite different if we win the Senate,” he said. “Same thing if they win the House, and same thing if we win both or neither.”
Then there are partisan GOP priorities that some Republicans are hoping to ram through in the final weeks of the year — especially if the party’s governing trifecta is about to end — such as enacting hundreds of millions of dollars in new defense funding as well as new voting restrictions.
While GOP leaders are leaving the door open to attempting to pass another bill through the party-line reconciliation process, there are no signs they are closer to having the necessary votes than they were this summer.
While some Republicans believe that losing a chamber would jump-start that process, others privately believe the exact opposite would happen, according to three GOP aides granted anonymity to speak candidly. There will be little incentive for lawmakers who just lost their seats — “free-range chickens,” some call them — to grind out a final legislative win, if they come back at all.
Senate Majority Leader John Thune last month admitted he is facing mathematical realities that make passing another reconciliation bill “difficult” even in a lame-duck session.
That likely spells doom for another GOP wish being bandied about for the post-midterms session: clearing a debt-limit increase through the end of President Donald Trump’s term. Thune has acknowledged that as a possibility multiple times since July, but several GOP senators are skeptical.
“I don’t like that idea,” said retiring Sen. Cynthia Lummis (R-Wyo.), who added she had to “hold my nose” in voting for the last debt-ceiling lift.
But other GOP leaders are professing more optimism about the post-midterm environment to overcome some long-standing roadblocks.
House Majority Leader Steve Scalise in an interview called it “an opportunity for everybody to focus on getting policy done because the election will be over.”
“I hope we get back to that, because it needs to happen,” he said.
But each piece of legislation still in limbo is riddled with thorny policy disputes. Senate Democrats blocked the defense bill amid a standoff over the Iran war and have objected to giving Trump back some surveillance powers. The farm bill, meanwhile, is mired in a fight over food assistance.
Thune has teed up an initial vote on the bipartisan permittingdeal, but Democrats continue to doubt whether Trump will live up to GOP negotiators’ clean energy commitments — and they could push for more concessions if they prevail in the midterms.
Even the must-do government funding bill is a potential minefield, with lawmakers widely expecting a punt until deeper into the holidays or even next year.
Democrats are fuming over the Trump administration’s recent decision to block roughly $1 billion in congressionally approved funding, which could complicate the dealmaking ahead of the deadline. That could make passage of the 12 annual spending bills, or a combined full-year “omnibus” package, impossible.
“I just don’t think we’ll get them done by the 11th,” Rep. Mike Simpson of Idaho, a senior GOP appropriator, said about the full-year bills. He predicted another short-term punt.
Beyond the policy disputes, there’s a host of other distractions leaders of both parties will be dealing with once they return to session Nov. 9.
Speaker Mike Johnson will immediately have to deal with a House vote on impeaching Defense Secretary Pete Hegseth forced by outgoing Rep. Thomas Massie (R-Ky.). With the Iran war weighing heavily on voters’ views of the GOP, some Republicans with an eye on the next election could decide to break ranks.
And though the elections will be over outside the Capitol, internal politicking could continue for weeks in both chambers.
A Democratic flip of the House could spark a potentially chaotic cascade of GOP leadership elections, especially with Johnson giving mixed signals about his intentions in that scenario. He broached the possibility he might not remain atop his conference in a Fox News interview last week, then said in a CBS News interview published Monday that he expected “my colleagues would ask me to continue leading this conference” even after a loss.
Thune says he is running again for GOP leader regardless of the election outcome, and no other senator has signaled they will challenge him. That hasn’t stopped some conservatives, in and out of the chamber, from questioning whether Trump will blame him if the majority is lost.
Sen. John Kennedy (R-La.) said the lame duck to-do list could ultimately come down to vibes.
“I know what they would like us to do and all that,” Kennedy said. “But you have no idea what the mood is going to be.”
