Congress prepares for an unhappy holidays as lawmakers return for ‘lame duck’ session

Congress returns after a Thanksgiving break for a final legislative push before House Speaker Nancy Pelosi hands over her gavel to Republicans early in the new year.

Party leaders and factions are competing for priorities with limited floor time to move – with key ‘must pass’ legislation also set to soak up time and attention.  Democrats have just weeks left with unified control of Congress, although their Senate majority will continue into the new year. 

Legislation to protect same-sex and interracial marriages got a boost this month when a dozen Senate Republicans voted to advance a bill – signaling it could clear a Republican filibuster to become law if it gets priority.

Democrats pushed the bill after the Supreme Court struck down Roe v. Wade this summer, with some lawmakers warning same-sex marriage protections could be the next to fall.

Legislation to reform the Electoral Count Act, with its complex provisions spelling out the role of Congress in counting the Electoral College votes for president, could also sneak through to passage while Democrats are in control.

A version by Democratic Rep. Zoe Lofgren of California and Republican Wyoming Rep. Liz Cheney – who is soon to depart Congress – already passed the House, and 16 Republicans are on board with a Senate version. 

The legislative hardball all comes as President Joe Biden’s White House is trying to jump into the holiday spirit, rolling hot a new gingerbread White House and holiday decorations.  

Democrats have just a few weeks left of unified control of government. Speaker of the House Nancy Pelosi (D-CA) (L) and Senate Majority Leader Charles Schumer (D-NY) hope to act on ‘must-pass’ legislation as well as remaining legislative priorities before the Republicans take over the House

Legislative priorities like those will have to contend for attention with action just to keep the government running, with the latest continuing resolution set to expire December 16th. 

Lawmakers either must pass a new one or pass a broader ‘omnibus’ bill to fund the government. Without action, parts of the government would shut down right before Christmas. Pushing through such large-scale legislation would require buy-in from Senate Republicans, some of whom are retiring.

The impasse could easily run right up against Christmas and New Year’s, when lawmakers are usually desperate to get home.  

Any game of legislative chicken is likely to provide just a taste of the clashes that are expected in divided government once Republicans take control of the House.

Lawmakers hope to push through changes to the Electoral Count Act, with support from a group of Senate Republicans

President Biden wants to push through $40 billion to aid Ukraine

Democrats want to act to protect same-sex marriage rights before they hand over control of the House

That is one reason Democratic leaders are contemplating passing an increase in the $31.4 trillion statutory debt ceiling. Although the government is not set to run up against the limit immediately, by acting now Democrats could try to snatch away some leverage from Rep. Kevin McCarthy (R-Calif.), who hopes to be Speaker. 

If they don’t, a high-stakes fight with a fiscal shutdown looming could be a top feature of next year. 

President Joe Biden also wants to push through $40 billion in Ukraine funding before the changeover, after McCarthy said Republicans would not provide a ‘blank check’ for Ukraine aid.

That follows reports that nine months of security packages have strained the arsenals and supplies of the U.S. and NATO allies.

That is on top of the National Defense Authorization Act, which is considered must-pass legislation, and which each year sets the direction of U.S. defense policy. 

Biden also hopes for $9 billion in COVID funding, but Republicans balked last time he tried to get additional funding.