Regulatory Changes
This is a key area where Democratic ambitions face significant limits. Many spending and revenue measures can be wrapped into so-called budget reconciliation legislation — which only needs a simple majority of votes. But overhauling non-budget-related climate and immigration regulations, as well as gun control, family-leave guidance, minimum wages, labor rights and policing reform — need to win 60 votes to proceed. Democrats will be able to rescind recent Trump regulations with a simple majority using the Congressional Review Act.
Political Investigations
Republicans won’t be able to force probes of the 2020 election results or the business dealings of the incoming president’s son, Hunter Biden. Democratic-run committees may decide to initiate investigations of Trump’s actions while in office or of his federal tax returns.
Health Care
As with tax reform, some health care measures could be wrapped into budget legislation that only requires a simple majority. But in the same vein, Democrats would need to secure the backing of their moderate members to proceed, and that could limit the scope of what Biden or more progressive lawmakers in the caucus want to do. A Supreme Court ruling against the Affordable Care Act could spur action.
Judicial Appointments
McConnell, as Senate majority leader, infamously nixed President Barack Obama’s effort to put Merrick Garland on the Supreme Court in 2016. Republicans could similarly have slowed or blocked Biden’s federal judiciary appointments, but that path will be clear if the Democrats win control. Again, the need to keep the caucus united could shape the president’s choices. Democratic activists are already pushing for Supreme Court Justice Stephen Breyer to retire soon so he can be replaced with a younger liberal jurist.
Social Media
A number of lawmakers want to eliminate Section 230 of the Communications Decency Act, which protects technology companies such as Facebook Inc. and Google owner Alphabet Inc. from liability for most content published by their users. Members on both sides of the aisle worry it does little to encourage the companies to tackle illegal drugs, threats, child sex abuse, stalking and defamation online. But changes here would need widespread approval to proceed.