Biden’s agenda faces early hurdles in a divided Congress

U.S. President Joe Biden. (REUTERS)
U.S. President Joe Biden. (REUTERS)

Summary

  • GOP senators refuse to strike power-sharing deal if Democrats don’t commit to preserving filibuster; McConnell proposes Trump trial in two weeks

Democrats’ efforts to quickly confirm President Biden’s cabinet nominees and move forward with his legislative agenda collided with the reality of a narrowly divided Congress, with Senate Republicans refusing to agree to a power-sharing agreement unless Democrats promise to preserve a 60-vote threshold to advance most bills.

Senate Minority Leader Mitch McConnell (R., Ky.) and Senate Majority Leader Chuck Schumer (D., N.Y.) remain at loggerheads, and it isn’t known when they will next meet to continue negotiations over an organizing resolution that would set the guidelines and committee assignments for the new session. The Democratic and Republican caucuses each have 50 members, although Democrats hold the Senate majority because Vice President Kamala Harris can break any ties.

The standoff comes as Democrats are trying to confirm Mr. Biden’s cabinet picks, courting Republicans to support another Covid-19 relief package and broad immigration legislation, and bracing for a second impeachment trial of former President Donald Trump.

In the power-sharing talks, Senate Republicans want Democrats to agree to preserve the legislative filibuster—a longstanding rule that enables the minority party to block most legislation—for at least the next two years. Democrats say such demands don’t belong in an organizing deal. But without one, Republicans technically remain in control of most Senate committees, despite now being the minority party.

For now, the only way to get things done in the Senate is through the GOP-held committees or through a unanimous consent motion to bring a nominee or bill directly to the floor—a move that any single senator can block. Some Senate Republican chairs are cooperating with Democrats pending the passage of an organizing resolution, and are holding hearings or votes on some nominees.

The lack of a power-sharing agreement injected unexpected confusion into the new Senate majority’s first days. Sen. Dick Durbin (D., Ill.), in line to lead the Judiciary Committee, said its chairman could be one of three people as of current talks, with Republicans also rotating the top GOP slot between two lawmakers. Committee aides emailed reporters saying that incoming Democratic chairmen hadn’t secured that title just yet.

Another contentious issue is the expected Senate trial of Mr. Trump, after the House impeached him earlier this month on a charge of inciting insurrection, citing his egging on supporters who stormed the Capitol.

One possibility has been to bifurcate the Senate day and use just half of it for the impeachment trial so that other business can still be conducted. Multiple Democratic and Republican aides have said that would require GOP consent. So far, Republicans have declined to agree to splitting up the Senate’s day. House Speaker Nancy Pelosi (D., Calif.) declined to say Thursday when she would send the article of impeachment to the Senate.

Late Thursday, Mr. McConnell proposed starting the impeachment trial in mid-February to give Mr. Trump’s legal team and Democratic impeachment managers time to prepare. A spokesman for Mr. Schumer said he would review the proposal. Mr. Trump told associates he has picked Butch Bowers, a South Carolina attorney, to represent him in the trial, according to a person familiar with the matter.

Topping Democrats’ legislative agenda, Mr. Biden has proposed a $1.9 trillion Covid-19 relief plan that calls for a round of $1,400-per-person direct payments to most households, a $400-a-week unemployment insurance supplement through September, expanded paid leave and increases in the child tax credit.

White House press secretary Jen Psaki said Mr. Biden would increase his engagement with Congress now that the inauguration is behind him.

“I expect he’ll be rolling up his sleeves and be quite involved," she told reporters Thursday.

White House National Economic Council Director Brian Deese is planning to meet with lawmakers in the coming days about the president’s coronavirus relief proposal, she said.

Mr. Biden also sent a wide-ranging immigration bill to Congress on Wednesday that includes an eight-year path to citizenship for the 11 million immigrants in the U.S. who lack permanent legal status. Past presidents have failed to pass comprehensive immigration legislation, and Mr. Biden’s proposal will likely face opposition from many Republicans.

Mr. Biden notched one early victory Wednesday night when the Senate confirmed his first cabinet-level pick, Avril Haines, for director of national intelligence. On Thursday, the Senate Armed Services Committee, still led by Republican Sen. Jim Inhofe of Oklahoma, advanced the nomination of Lloyd Austin to serve as secretary of defense by bipartisan voice vote. The Senate and House then approved a resolution allowing the Army general to hold that civilian post, clearing the way for his confirmation.

In remarks on the Senate floor Thursday, Mr. Schumer stressed the importance of confirming more cabinet secretaries as quickly as possible, specifically secretaries of Defense, State, Homeland Security and Treasury.

“Let the first week of this Congress be a collaboration between our two parties to confirm President Biden’s cabinet," he said.

He later pointed to a 2001 power-sharing agreement as a model for 2021 and reiterated to reporters that Democrats are “strongly opposed to any extraneous provisions." The 2001 agreement gave the parties equal seats on committees and let nominees and bills advance to the floor even if a committee vote was tied.

Mr. McConnell, in his own floor remarks, agreed that the 2001 agreement is a good guide but said it needs to add protections for the filibuster.

“Certainly 20 years ago there was no talk, none whatsoever, of tearing down longstanding minority rights on legislation," he said. “I cannot imagine the Democratic leader would rather hold up the power-sharing agreement than simply reaffirm that his side won’t be breaking this standing rule of the Senate."

The legislative filibuster rule requires 60 votes for most bills to advance in the Senate, meaning that some Republicans would have to support the measures. But there is momentum among some Democrats and progressive activists to eliminate the legislative filibuster, which would lower the threshold for advancing bills to a simple majority, or 51 votes. A handful of Democrats have said they are wary of making such a change.

The organizing resolution itself is subject to filibuster, so it will need at least 60 votes to advance without a bipartisan agreement. Democrats said Republicans were overplaying their hand.

“It’s an absolutely unprecedented, wacky, counterproductive request," Sen. Brian Schatz (D., Hawaii) tweeted. “We won the Senate. We get the gavels."

Ms. Psaki told reporters that Mr. Biden spoke to lawmakers of both parties Wednesday about quickly confirming his cabinet. “The desire to get his cabinet in place and to get his team confirmed is front and center for the president," she said.

Although it often takes the consent of the Senate to speed up consideration of nominees, they can clear procedural hurdles with just a simple majority.

Sen. Rob Portman (R., Ohio) said he has talked to some of Mr. Biden’s team and has reached out to the president on nominees. Mr. Portman, who is poised to be the top Republican on the Senate Homeland Security Committee, said he thought it could be another week before Alejandro Mayorkas is confirmed to the post of secretary of homeland security.

The Senate needs unanimous consent to fast-track Mr. Mayorkas’s nomination for a floor vote, however, and Sen. Josh Hawley (R., Mo.) said he would object. Mr. Portman said that delay means Mr. Mayorkas must first clear a committee vote, which has yet to be scheduled.

Mr. Biden also faces an unclear path to passing additional coronavirus relief this year—at least with bipartisan support. The new administration has made clear it plans to attempt first to pass new stimulus measures with GOP votes before switching to other strategies that require a lower threshold and could be passed with just Democrats.

Republicans this week signaled some unease with the $1.9 trillion price tag of Mr. Biden’s new proposal so soon after the last package.

“I suspect the whole package is a nonstarter, but it’s got plenty of starters in it," Sen. Roy Blunt (R., Mo.) said Thursday. “We’re ready to look at what it takes to move forward, as effectively and quickly as we can, on vaccine distribution" and other issues, he said.

Mr. Durbin said a bipartisan group of 16 senators had been discussing what the next stimulus package should look like and whether there should be new, more targeted criteria for another round of direct payments.

This story has been published from a wire agency feed without modifications to the text.

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