Update from Washington, D.C.
Senate Gears Up for Supreme Court Confirmation Battle; Congress Poised to Approve Stop-Gap Budget
September 24, 2020
With the recent passing of Supreme Court Justice Ruth Bader Ginsburg, much of the talk on Capitol Hill this week was whether the Senate should move quickly to begin the process of replacing the late justice or wait until after next month’s elections. For his part, President Trump has announced his intentions to nominate a new associate justice by the end of the week, with Seventh Circuit Court of Appeals Judge Amy Coney Barrett the current favorite to receive the nomination.
Meanwhile, Senate Majority Leader Mitch McConnell (R-KY) has pledged to start the confirmation process shortly after the president announces his nominee. In fact, Senate GOP leaders are developing plans to begin confirmation hearings as early as October 12, setting up a contentious fight with Democrats ahead of the November 3 election. While Democrats may be able to delay the process, the full Senate could conceivably hold a final vote on Trump’s nominee one week before voters head to the polls. Looking ahead, a contentious confirmation battle will likely put other pre-election priorities in a state of flux.
Despite the bitter partisan divide over the next Supreme Court justice, a stopgap government funding bill (HR 8337) is set to receive final approval in the coming days. With the October 1 start of the new fiscal year just around the corner, lawmakers have yet to approve any of the 12 annual appropriations bills. However, after a bit of legislative deal-making, House and Senate leaders came to an agreement to avert a government shutdown.
The continuing resolution (CR), which the House has already approved and the Senate is expected to clear early next week, would generally extend fiscal year 2020 funding levels through December 11. The measure also includes several “anomalies” that would adjust the amount available to certain agencies and extend a number of statutory authorities. For example, the measure includes a provision requested by the White House and Senate Republicans that would allow the Agriculture Department’s Commodity Credit Corporation to be reimbursed for payments made to farmers and ranchers. In addition, HR 8337 would extend federal surface transportation programs and the National Flood Insurance Program through September 30, 2021.
The CR also would extend for a full year the Pandemic Electronic Benefit Transfer (P-EBT) program, which allows states to adjust their Supplemental Nutrition Assistance Programs (SNAP) to provide additional aid to households with children eligible for free or reduced-price school meals for school closures related to the coronavirus pandemic. The program, which was established under the Families First Coronavirus Response Act (PL 116-127), would be expanded to include children at child care facilities affected by shutdowns and at schools with reduced attendance hours. The measure also would extend for a full year other program flexibilities included in PL 116-127, including waivers for the National School Lunch Program and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).