With Democrats on the cusp of winning the narrowest possible control of the Senate, President-elect
Incoming Vice President
That will make Biden’s nominations for the cabinet and other political appointments much more likely to win swift confirmation. Though Republicans could prolong debate, they wouldn’t be able to nix a nominee without pulling at least one Democrat across the aisle.
“It means that everyone that Joe Biden has picked to join his cabinet is likelier to have an easier time getting confirmed in the Senate,” Delaware Democratic Senator
Almost all legislation will need cooperation from Republicans because they require 60 votes in the Senate. There’s a narrow exception for fiscal related measures that can pass with a simple majority using the budget process, and Biden has two chances this year to use that so-called reconciliation process for items like his economic stimulus plan.
On other areas, the 60-vote requirement to cut off debate and proceed to a vote, necessitates getting GOP support, which will temper the more ambitious elements of Biden’s agenda, as well as the biggest hopes among progressives.
There is already a major push by progressives to end the 60-vote requirement in the Senate. That effort could be achieved with a simple majority vote, but West Virginia Senator
The following is a look at some of the advantages and limitations Biden and fellow Democrats face with a slim majority in the Senate:
Covid-19 Relief
Democratic control makes a massive difference here. McConnell and the GOP had consistently opposed aid for state and local governments in stimulus negotiations last year, and Democrats will now be able to pass a package that includes that element. The Senate refused to vote on a House measure to boost stimulus checks to $2,000 from $600 last month, and that’s now likely to go ahead as well. Further unemployment assistance and health care measures are also in the cards.
Schumer said at a press briefing Wednesday that the $2,000 checks will be “one of the first things” the new Senate does. Democratic Senator
Tax Overhaul
While Biden and congressional Democrats have set out to roll back some of President
Regulatory Changes
This is a key area where Democratic ambitions face significant limits. Many spending and revenue measures can be wrapped into so-called budget reconciliation legislation -- which only needs a simple majority of votes. But overhauling non-budget-related climate and immigration regulations, as well as gun control, family-leave guidance, minimum wages, labor rights and policing reform -- need to win 60 votes to proceed. Democrats will be able to rescind recent Trump regulations with a simple majority using the Congressional Review Act.
Political Investigations
Republicans won’t be able to force probes of the 2020 election results or the business dealings of the incoming president’s son,
Health Care
As with tax reform, some health care measures could be wrapped into budget legislation that only requires a simple majority. But in the same vein, Democrats would need to secure the backing of their moderate members to proceed, and that could limit the scope of what Biden or more progressive lawmakers in the caucus want to do. A Supreme Court ruling against the Affordable Care Act could spur action.
Judicial Appointments
McConnell, as Senate majority leader, nixed President
Social Media
A number of lawmakers want to eliminate Section 230 of the Communications Decency Act, which protects technology companies such as
(Updates with Schumer, Brown comments in second paragraph after ‘Covid-19 Relief’ subheadline.)
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Christopher Anstey, Wendy Benjaminson
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