This is not what a mandate looks like
Republicans claim they’re entering next Congress in a position of strength but the latest funding fight once again suggests otherwise.
First Things First
👋🏾 Hi, hey, hello! Welcome back to Once Upon a Hill. I didn’t feel well on Monday so I skipped writing yesterday’s newsletter. Thanks for understanding.
Republicans emerged from last month’s election proclaiming the American people delivered them a mandate to enact Donald Trump’s agenda after the president-elect swept the seven battleground states and led a nationwide shift to the right—even in some of the country’s bluest domains.
But a critical element of fulfilling an electoral mandate is governing—the strenuous work of building coalitions within and across parties to push the policy limits of what’s possible in a given political moment—and these past few days have been a brutal reminder of what we’ve known for the past two years: The House GOP is unable to govern the most fundamental
Take government funding, for example. Hardline conservatives oppose bills that combine all 12 appropriations bills into one measure, known as an omnibus. Instead, they prefer lawmakers pass individual funding bills through “regular order,” a process where legislation originates at the committee level and members have ample time to thoroughly debate and amend it before a final floor vote.
That’s a noble cause if House conservatives didn’t corrupt those bulls with poison pills that jam their own moderate colleagues before Democrats ever have to put up a fight. Once these bills stall and funding deadlines occur, two options exist: Pass a temporary extension of current funding levels (known as a continuing resolution) or shut down the government. And while both options are suboptimal to regular order, shutdowns inflict unnecessary pain on hardworking Americans and vulnerable communities who rely on federal agencies to earn their living or make ends meet.
This is the outlook Mike Johnson (R-La.) has faced countless times since he ascended to the speakership last year after Kevin McCarthy (R-Calif.) was booted in part because he brought a CR to the floor to avoid a shutdown. On the one hand, Johnson shares the conservative politics of his right flank. On the other, the buck stops with him when it comes to governing in the lower chamber. So with flimsy support from his conference, a barebones majority and a Friday night deadline, Johnson did what he’s done three times in 14 months: Conceded Democratic priorities to House Minority Leader Hakeem Jeffries (D-N.Y.) in exchange for enough votes to blot out his own party’s insistence that turning the federal lights off is the natural next step when you can’t engineer your policy preferences.
Last night, we finally received the 1,547-page text of the CR. Lawmakers in both chambers will rush to pass it by the weekend to keep the government open and ensure the two-week holiday recess remains intact.
It extends current funding levels through March 14, 2025, which guarantees Hill Republicans will spin this cycle again smack-dab in the thick of Trump’s first 100 days, in addition to confirming the president-elect’s cabinet and attempting to pass a party-line energy and border bill before tackling the tall task of stretching his 2017 tax cuts for several more years. (Johnson will have a slimmer majority through next April than he does now, FWIW.)
The bill also includes $100 billion in disaster aid for communities recovering from extreme weather events, such as the hurricanes that ravaged the southeastern US this fall or the devastating wildfires that engulfed Hawaii last year. Additionally, a one-year extension of the farm bill and $10 billion in emergency economic assistance to keep farmers afloat was attached to the measure. That’s not all: Democrats secured millions for child care, workforce training and job placement and full federal funding for the Francis Scott Key Bridge rebuild in Baltimore after its collapse in March. Corn-belt lawmakers notched a provision allowing permanent national E-15 fuel sales year-round.
The CR includes more than 500 pages related to health care alone. It includes reforms that would eliminate spread pricing—a practice where pharmacy benefit managers charge a health plan or insurer a higher price for a prescription drug than what they pay the pharmacy to dispense it—and instead pay PBMs a flat administrative fee for all Medicaid programs. Medicare telehealth flexibilities were extended for two years so beneficiaries outside of rural areas could continue to receive services.
New restrictions on US investment in China also made the cut to prevent Beijing from reaping the benefits of American innovation in artificial intelligence and semiconductor manufacturing. The same goes for a trade agreement that will allow duty-free imports of textiles and apparel from Haiti. The bill also approved the transfer of RFK Stadium, the defunct home of the NFL’s Washington Commanders, from the federal government to the District of Columbia as a centerpiece of economic renewal in the nation’s capital.
A few member priorities were excluded from the bill, including legislation to accelerate the process for energy projects and an extension to the African Growth and Opportunity Act, which provides sub-Saharan African countries with duty-free access to thousands of US products. Agriculture Democrats were also unable to transfer funds from the Inflation Reduction Act to boost the conservation title of the farm bill.
However, members of Congress are in line to receive their first pay increase since 2009, as the CR excludes an often-inserted provision that blocks what is supposed to be an automatic annual cost-of-living adjustment.
It’s likely Johnson will bring the bill to the floor under suspension of the rules, a procedure for fast-tracking legislation that requires a two-thirds majority for final passage instead of the simple majority threshold he’d have to clear if he processed the bill through the House Rules Committee. But the three hardline conservatives on Rules jeopardize the prospects of it surviving the committee and Johnson doesn’t have the time to waste on anything but a sure thing at this point.
What’s also sure is that the ordeal has reignited the ire of the House Freedom Caucus, the formal body of ultraconservative Republicans. They’re demanding Johnson adhere to the 72-hour rule before calling a vote on a measure, which would put House passage on Friday evening. The HFC has also demanded a vote on a bill to cut non-defense spending by 13 percent to pre-COVID 2019 levels and an amendment to stop the Biden administration from selling border wall construction materials, both of which are nonstarters for Democrats.
Once the House approves the CR, it will go to the Senate. There, notwithstanding an agreement on a specified list of amendments in exchange for limiting debate time, Schumer will have to schedule several procedural votes ahead of final passage. If senators play hardball, we could see a brief shutdown this weekend.
“With this agreement, we are now on our way to avoiding a government shutdown,” he said after the bill was released last night. “In order to finish the job and avert a shutdown, both chambers must continue to work in a bipartisan fashion and put American families first.”
Do you have questions about the lame-duck session or the incoming Trump presidency? Drop me a line at michael@onceuponahill.com or send me a message below to get in touch and I’ll report back with answers.
Happenings
The House will meet at 10 a.m. with first and last votes expected at 4 p.m.
The House Administration Committee will hold a hearing at 10 a.m. on prohibiting foreign interference in American elections.
The House Veterans’ Affairs Committee will hold a hearing at 10:15 a.m. on congressional power over the VA after Loper Bright Enterprises v. Raimondo, the Supreme Court case that overruled the Chevron doctrine, a 40-year-old high court principle under which federal courts defer to a federal agency's reasonable interpretation of an ambiguous statute when Congress has authorized that agency to administer it.
The House Judiciary Subcommittee on the Constitution and Limited Government will hold a hearing at 2 p.m. to revisit the implications of the FACE Act, a 1994 law that protects people seeking reproductive health care from threats of force, obstruction and property damage.
The Senate is in at 10 a.m. with a procedural vote on the National Defense Authorization Act at 11:45 a.m. and a procedural vote on the Social Security Fairness Act.
The Senate Budget Committee will hold a hearing at 10 a.m. on the climate-driven insurance crisis.
The Senate Judiciary Committee will hold a hearing at 2 p.m. on the RESTORE Patent Rights Act, which focuses on restoring America's status as the global leader in intellectual property.
The Joint Economic Committee will hold a hearing at 2:30 p.m. for a hearing on tariffs and trade wars.
Read All About It
“The battle against Trump 2.0 begins in the states” by Tim Dickinson: “Democratic governors are talking a tough game against the incoming administration—and activists are determined to hold them to their promises.”
“Los Angeles County shows why Democrats lost” by Noah Lanard: “A Mother Jones analysis of voting data shows rich voters remained loyal as Latino and Asian voters moved right—revealing fissures in a Democratic party that sees itself as a champion of the working class.”
“Hyundai is becoming the new Tesla” by Patrick George: “Even in a Trump presidency, America’s EV future may not run through Elon Musk.”
“The housing affordability crisis is going global” by Josh Mitchell: “Home prices and rents are rising faster than incomes in big cities in Europe and beyond. ‘The price in Ireland is mental.’”
“Do car-free zones hurt disabled people? We asked experts.” by Julia Métraux: “City planners and advocates are seeing ‘accessibility used as a political football.’”
“Lawsuit reveals how colleges really talk about rich applicants” by Douglas Belkin: “‘Sure hope the wealthy raise a few more smart kids!’ wrote one college enrollment officer, according to the suit.”
“Drug dealers have moved on to social media” by Mattha Busby: “The marketing of illegal drugs on open platforms is “gaining prominence,” authorities note, while the number of drug transactions on the dark web has decreased in recent years.”
“The nicest man on the internet” by Scachhi Koul: “Tony P. is making a career of performing ‘vibrant masculinity.’ Can he be for real?”
“Is the NBA’s three-point frenzy sinking ratings?” by Tom Kludt: “As teams hoist more shots than ever from downtown, TV viewership is also down. League execs don’t appear rattled, but some commentators are concerned: ‘I wouldn’t be opposed to a limit on the number of threes,’ says one.”
“‘Mufasa’ or: How the original Lion King got his groove on” by David Fear: “Barry Jenkins’ CGI prequel can’t escape the shadow of the Disney animated classic, but it does prove that you can extend a brand with heart, soul, and some catchy songs.”
“What the hell was Bartmania?” by Darryn King: “Thirty-five years ago, The Simpsons underachiever became a controversy, and Matt Groening is still proud of it, man.”
“Will you marry me? During the bye week,obviously.” by Emily Giambalvo: “Couples love fall weddings. There’s only one problem: College football.”