Update From Washington, D.C.
Congress Certifies Biden Win After Day of Violence on Capitol Hill
January 7, 2021
Members of the House and Senate certified President-elect Joe Biden’s Electoral College victory early Thursday morning, with lawmakers returning to the U.S. Capitol hours after a mob of pro-Trump rioters stormed the building and shut down the proceedings. The ratification capped a chaotic and violent day in the nation’s capital, where four people died, including one woman who was fatally shot by Capitol Police.
The final validation of Biden’s win took place shortly after President Trump’s allies launched a last-ditch effort to block electors from two key states. In arguing their case before Congress, supporters of the president pointed to unsubstantiated claims of voter fraud in Arizona and Pennsylvania as warranting further investigation and, ultimately, a delay in considering the Electoral College results. In the end, however, the vast majority of Senate Republicans – along with a minority of the House GOP caucus – joined with every congressional Democrat to accept the election results put forth by the aforementioned states.
This morning’s action represents the last formal step in the process of affirming Biden’s election win and puts the president-elect on track to be sworn into office on January 20. For his part, President Trump issued a statement earlier today committing to an “orderly transition” of power on inauguration day.
Democrats Sweep Georgia Special Elections; Win Senate Control
Democrats this week won control of the U.S. Senate with key victories in two runoff races in Georgia. Democratic candidate Jon Ossoff unseated incumbent Republican David Perdue and Reverend Raphael Warnock defeated GOP Senator Kelly Loeffler in Tuesday’s special election. As a result, Vice President-elect Kamala Harris will soon have the power to cast tie-breaking votes over an evenly divided Senate. With the newfound power shift, Senator Chuck Schumer (D-NY) will take on new responsibilities as the chamber’s majority leader, while Senator Mitch McConnell (R-KY) will have a diminished role as minority leader.
As majority leader, Senator Schumer will be able to set the agenda in the upper chamber, a prospect which should help expedite the confirmation process for President-elect Joe Biden’s Cabinet nominations. However, despite taking control of the chamber, Democrats will face serious challenges in advancing some of their top legislative priorities, as most legislation of consequence will require 60 votes. Nevertheless, party leaders could attempt to use a legislative tactic, known as budget reconciliation, to fast-track key fiscal legislation through the Senate with a simple majority. In recent years, both parties have used budget reconciliation to their advantage, namely the 2017 tax cuts and the Affordable Care Act (PL 111-148).
House Adopts Rules for the 117th Congress
In other developments, the House formally adopted a rules package (H Res 8) that will govern the chamber’s proceedings for the 117th Congress. The measure, which was approved on a party-line vote, provides a broad exemption from the longstanding “pay-as-you-go” requirement for legislation relating to the COVID-19 pandemic or climate change. PAYGO rules generally require that the cost of legislation be offset with spending cuts or tax increases to make the measure budget neutral. H Res 8 would also eliminate a legislative procedure that provides for a motion to recommit with instructions. The minority has used the motion to propose changes to legislation before final passage, although it is often used to force difficult votes for members of the majority. It should be noted that a motion to recommit without instructions, which simply sends the legislation back to a committee, would still be allowed.