Update from Washington, D.C.
Senate Returns to DC; Supreme Court Hears Oral Arguments on the Affordable Care Act
November 12, 2020
Following a divisive national election, senators returned to the nation’s capital this week to formally kick off a lame duck session. While Senators Mitch McConnell (R-KY) and Chuck Schumer (D-NY) were reelected to lead their respective parties in the next Congress, control of the chamber will hinge on the outcome of two Georgia Senate runoff elections set to take place on January 5. As it stands, Republicans will hold at least 50 seats to 48 for Democrats when the 117th Congress convenes. Democrats would need to win both contests to wrest control of the Senate from Republicans. In the case of a 50-50 split, Vice President-elect Kamala Harris would hold the tie-breaking vote.
Aside from leadership elections, the most notable development in the Senate was the Appropriations Committee’s long-overdue release of its 12 annual spending bills for fiscal year 2021. Due to major political disagreements over a number of high-profile issues, Senate GOP leaders chose not to introduce or consider any spending measures prior to the election. Despite the significantly delayed start to the appropriations process in the upper chamber, release of the legislation sets the stage for bicameral budget negotiations with the House, which, to date, has cleared 10 of its 12 funding bills.
Looking ahead, lawmakers will have until December 11 to approve a new budget, which is when the current Continuing Resolution is slated to expire. By all accounts, congressional leaders are committed to passing an omnibus spending package that will fund the entirety of the federal government through next September. In order to do so, however, lawmakers will need to address several controversial issues that have bogged down this year’s budget process, including potential new spending for border wall construction activities and whether to incorporate policing reform measures in a final spending deal.
Across Capitol Hill, House lawmakers will make their formal return next week. First up for the chamber will be new member orientation and leadership elections. According to Majority Leader Steny Hoyer (D-MD), the top legislative priority for House Democrats will be a COVID-19 relief measure. In addition, the House will look to clear a final FY 21 budget, as well as a reauthorization of the Water Resources Development Act and the National Defense Authorization Act . Finally, the chamber plans to vote on a comprehensive cannabis reform bill (HR 3884) before the end of the year. While the legislation – known as the Marijuana Opportunity Reinvestment and Expungement Act – will likely pass the House with some bipartisan support, it faces long odds in the Senate.
Supreme Court Hears ACA Oral Arguments
The U.S. Supreme Court this week heard legal arguments on a case challenging the constitutionality of the Affordable Care Act’s (ACA) individual mandate. The case – California v. Texas (Docket 19-840) – centers on a Texas lawsuit arguing that Congress effectively repealed the individual mandate when it eliminated the tax penalty for not purchasing health insurance. CSAC filed an amicus brief in the case May. Pursuant to its legal challenge, Texas – which was joined by 19 other states – contends that the mandate is a key underpinning to the ACA and, without it in place, the entire law should be invalidated. On the other hand, California has maintained that the mandate should be considered severable from the rest of the ACA, which would require the law to remain intact.
During oral arguments, it appeared that Chief Justice John Roberts and Justice Brett Kavanaugh were sympathetic to California’s position that the ACA should stand. If that is indeed how they rule, the two justices would likely join the three liberal judges on the Court in a possible 5-4 decision in support of the ACA. A final ruling from the Court is not expected until late spring or early summer of next year.