THE TOP LINE
Pundits, prognosticators, and pols are starting to talk openly about the interregnum between the election and the start of the 117th Congress… and what comes afterward. This NYT opinion piece, for example, outlines a pro-democracy agenda to “end minority rule” and push back on anti-democratic practices undertaken by the Trump administration and its congressional allies. On their checklist: protecting and supporting the right to vote, reducing gerrymandering, eliminating the filibuster, granting DC and PR statehood, and ending the electoral college. On ours: restoring funding to Congress and reinvigorating its powers.
We see a bumpy road ahead with ongoing efforts by the Trump administration and its allies to suppress and undermine the vote, bias the census, deny election results, and unleash vigilante violence. But over the next two months there are important questions for our divided Congress, including how to address a possible government shutdown (with the CR ending in early December) and whether there will be a COVID relief bill. The US just reported the highest number of COVID infections in a single day. Had the US handled the pandemic in a similar fashion to South Korea, for example, only 2,800 people would have died thus far. The US is on track for 400,000 deaths in aggregate by the start of February, although the number of anticipated deaths would decrease by 100,000 if everyone wore masks. On the economic front, Sen. McConnell made clear he didn’t want a COVID relief bill before the election because, we think, it would force his senators to take electorally-sensitive votes and could push back the Barrett nomination; we wonder about the human toll of the delay.
Speaking of Judge Barrett, the Senate Judiciary Committee ignored its own rule (Rule III(1)) that requires two members of the minority party to be present to constitute a quorum for transacting business, and Sen. Schumer’s point of order that would have protected the rights of Committee members was voted down on the Senate floor 53-44. We’ve discussed previously the vast irregularities of the Senate proceedings concerning Judge Barrett, which Senate Democrats have highlighted by forcing the Senate majority to work its will without the usual consent granted by the minority. For all intents and purposes, Sen. McConnell has transformed the Senate into a majoritarian institution. Should Democrats take control of the Senate, the big question is whether members of that party will stay as united on protecting their agenda as Sen. McConnell has gotten his members to stay united in protecting his.
How will we know if the Dems are serious? I can’t say for sure, but an early sign will be whether Sen. Feinstein returns as chair of the Judiciary Committee. The alignment of capable committee chairs to Democratic priorities is a significant indicator of their seriousness to move forward an agenda — which will depend on how they structure their (still secret) caucus rules.
Let’s give McConnell the last word on this today. “A lot of what we’ve done over the last four years will be undone sooner or later by the next election. They won’t be able to do much about this for a long time to come.”