With Democrats on the cusp of winning the narrowest possible control of the Senate, President-elect Joe Biden faces a wider avenue for enacting some of his campaign agenda, though the chamber’s legislative procedures will still pose limits.
Raphael Warnock beat Republican opponent Kelly Loeffler in Georgia’s runoff elections on Tuesday, while the race between Jon Ossoff and Republican David Perdue was still too close to call. Ossoff was leading by more than 17,000 votes and claimed victory, a win that if validated makes the Senate split 50-50 among Republicans and the Democratic caucus.
Incoming Vice President Kamala Harris would be able to cast tie-breaking votes, giving Democrats a one-vote majority — but one that will make an enormous difference for the new administration. With Chuck Schumer of New York as majority leader, displacing Republican leader Mitch McConnell, Democrats will control the Senate’s schedule, deciding on what measures can be considered for a vote by the full chamber.
That will make Biden’s nominations for the cabinet and other political appointments much more likely to win swift confirmation. Though Republicans could prolong debate, they wouldn’t be able to nix a nominee without pulling at least one Democrat across the aisle.
“It means that everyone that Joe Biden has picked to join his cabinet is likelier to have an easier time getting confirmed in the Senate,” Delaware Democratic Senator Chris Coons, a close Biden ally, said on CNN Wednesday. “It means that the confirmation process can’t be slow-walked or obstructed, and that he’ll be able to have the talented and capable and seasoned group that he’s already chosen serving early in the administration.”
Almost all legislation will need cooperation from Republicans because they require 60 votes in the Senate. There’s a narrow exception for fiscal related measures that can pass with a simple majority using the budget process, and Biden has two chances this year to use that so-called reconciliation process for items like his economic stimulus plan.
On other areas, the 60-vote requirement to cut off debate and proceed to a vote, necessitates getting GOP support, which will temper the more ambitious elements of Biden’s agenda, as well as the biggest hopes among progressives.
There is already a major push by progressives to end the 60-vote requirement in the Senate. That effort could be achieved with a simple majority vote, but West Virginia Senator Joe Manchin, a conservative Democrat, has said he would block the effort.
The following is a look at some of the advantages and limitations Biden and fellow Democrats face with a slim majority in the Senate:
Covid-19 Relief
Democratic control makes a massive difference here. McConnell and the GOP had consistently opposed aid for state and local governments in stimulus negotiations last year, and Democrats will now be able to pass a package that includes that element. The Senate refused to vote on a House measure to boost stimulus checks to $2,000 from $600 last month, and that’s now likely to go ahead as well. Further unemployment assistance and health care measures are also in the cards.
Tax Overhaul
While Biden and congressional Democrats have set out to roll back some of President Donald Trump’s 2017 tax cuts, including raising taxes on corporations and people who make more than $400,000, that won’t be easy. Moderate Democrats could join Republicans in blocking or at least tempering increases. Schumer wants to restore federal deductions for state and local taxes that were limited by Trump, but that also may not be straightforward.