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Lame-Duck Congress Faces Shutdown Deadline and Judge Push

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Congress returns to Washington on Nov. 9 for a lame-duck session, with Republicans still in charge of both chambers until the new Congress convenes on Jan. 3. Government funding runs out at the end of Dec. 11. Republican leaders also want to confirm as many of President Trump’s judicial nominees as possible before Democrats take over the Senate. A farm bill, the annual defense bill and a forced vote on impeaching Defense Secretary Pete Hegseth are competing for the same few weeks.

Background

A lame-duck session is the stretch between an election and the start of a new Congress, when members who lost or retired are still voting. This one follows a midterm in which Democrats won control of both chambers. Federal agencies are funded under a stopgap law signed in September, after lawmakers avoided an October shutdown. According to a Holland & Knight review of year-end deadlines, the House has passed three of the 12 annual spending bills, and the Senate had taken no comparable floor action before the election recess. After Democrats won the House in the 2018 midterms, a partial shutdown began on Dec. 22 and ran into the new Congress.

What Is on the To-Do List

Government funding. Lawmakers can pass full-year bills, bundle several together, extend the stopgap again, or let funding lapse for some agencies. Any bill needs Democratic votes in the Senate to clear the 60-vote filibuster threshold. The National Flood Insurance Program’s authority expires on the same day.

Defense and farm bills. The House passed its defense policy bill in July, but the Senate failed to clear a procedural vote to begin debate. The House passed a farm bill 224-200 in April, and the Senate Agriculture Committee approved its version in September. The main dispute is how quickly states must start paying a share of SNAP food aid costs.

Health programs. Mandatory funding for community health centers and a 2.5% Medicare physician payment increase both expire on Dec. 31 unless Congress acts.

Judges. Senate Judiciary Chair Chuck Grassley scheduled two nomination hearings starting Nov. 10, over Democratic objections, Reuters reported. Nine judicial nominees are pending before the committee, and 13 more could get full Senate votes before Christmas, including two picks for the 5th Circuit Court of Appeals. The Senate has confirmed 56 Trump judges since he returned to office.

A third reconciliation bill. Reconciliation lets some budget legislation pass the Senate by simple majority. Some Republicans want a final party-line package with more Pentagon money, farm aid and parts of the SAVE America Act. The House adopted a budget resolution in July, but the Senate has not, Puck reported before the election.

The Hegseth vote. Rep. Thomas Massie of Kentucky, a Republican who lost his primary, filed eight articles of impeachment against Hegseth in September, centered on the Iran war and the War Powers Resolution. Because he filed it as privileged, House leaders must act on it within two legislative days. ABC News reported that leaders could move to table it. Speaker Mike Johnson canceled the scheduled votes and sent the House home early, which pushed the deadline past the election.

What Different Sides Are Saying

Republicans who want a full push argue the party should pass as much of Trump’s agenda as it can before losing power. Senate Majority Leader John Thune was cautious before the election. He told The Washington Sun, as Raw Story reported, “Right now, we don’t have the votes to get on a third recon bill.” Retiring Rep. Don Bacon of Nebraska said he was skeptical a new bill would pass. Fact-check: Thune’s comment came before the results, and this article could not locate a post-election statement from him on reconciliation. Since the election, a source close to Thune told Fox News he intends to run for minority leader.

On Hegseth, Johnson has said the resolution will be tabled once the House returns, according to CNN reporting, and he called the effort a publicity stunt. Massie argues the war continued without congressional authorization. Fact-check: Whether the Iran war violates the War Powers Resolution is disputed. Attorney General Todd Blanche has defended Hegseth as following the law.

Democrats object to the judicial push. Sen. Sheldon Whitehouse of Rhode Island, expected to chair the Judiciary Committee in January, told Reuters, “There needs to be accountability for years of Republican bad behavior.” Fact-check: Lame-duck confirmation pushes are not new. After the 2024 election, Senate Democrats moved to confirm as many of President Biden’s judges as they could, while Trump urged Republicans to stop them. This article could not locate a statement from Senate Minority Leader Chuck Schumer or House Minority Leader Hakeem Jeffries setting out Democratic priorities for the session.

Related Links

Discussion Questions

  1. Should lawmakers who just lost an election still vote on major laws?
  2. Is it fair for a departing majority to confirm judges before the new Senate arrives?
  3. Would you rather Congress pass a short-term funding bill or risk a shutdown for a full-year deal?
  4. Do you find Thune’s caution or the push for a final party-line bill more reasonable?
  5. Should one member be able to force a House vote on impeaching a Cabinet official?
  6. Why do you think Congress so often leaves major deadlines until December?
  7. How might a shutdown affect public trust in Congress?
  8. Should judicial confirmations follow different rules when Senate control is about to change?
  9. Which item on the lame-duck list do you think matters most to ordinary people?
  10. Imagine you are the Senate majority leader. What would you schedule first, and why?

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