Congress’s top priorities this lame duck session

This is a segment from the Forward Guidance newsletter.

As the so-called lame duck session of Congress (the period between Election Day and the end of the Congressional term) rages on, here’s a look at what lawmakers are most focused on in these final weeks of the 118th Congress:

Judicial nominations

A top priority for Senate Democrats has been getting as many of President Biden’s judicial nominations approved before the party loses its majority. Democrats and Republicans have reportedly come to an agreement to consider seven district court judges after the Thanksgiving recess, with an additional six being placed on the calendar in December. Donald Trump cleared 234 total judges during his first term, while Biden so far has had 221 of his picks confirmed.

The budget

Lawmakers in September passed a short-term extension that will fund the government through Dec. 20. They now must either extend again or pass a full fiscal year spending bill. Given the Republican’s newfound power, they are likely not motivated to negotiate a full bill in the next three weeks, so another extension seems most plausible.

A recess appointment scheme?

Rumors are circulating that Trump is considering recess appointments — which involve trying to forcibly adjourn Congress — to get some of his cabinet picks through. The practice — used by former Presidents Barack Obama, George W. Bush and Bill Clinton — has been made more difficult by recent Supreme Court interpretation, which allows Congress to block recess appointments.

There is speculation that the House could agree to recess while Trump uses Constitutional powers to force the Senate to adjourn. It sounds a bit far fetched, but we will be monitoring the situation.