In my many years as a Congressional aide, lobbyist, and strategist I can’t recall a time of such a failure to act by the US Congress when the need for action was so great.
The first priority this week was to avoid a government shutdown that was due to occur tonight at midnight without Congressional action. On Wednesday, the House passed a one-week extension until Friday, December 18. And after some unnecessary drama, the Senate passed the one-week extension on Friday afternoon. President Trump is expected to sign it before midnight.
The second priority is trying to put together a COVID Relief Bill that would be added the massive Omnibus Spending legislation which funds the US Government until October 1, 2021.
The week started with much optimism as a bipartisan, bicameral package was proposed. But the deal appears to have fallen apart with Democrats insisting on money for state and local governments, while Republicans insist on a liability shield for the private sector. There is some talk of weekend negotiations that could lead to the dropping of both the money for state and local governments and the liability shield, but add stimulus checks for individuals. The relief package would likely also include money for PPP small business loans, supplemental unemployment, and funds for vaccine distribution and schools. The chances of a deal coming together are not zero, but they are no greater than 50/50.
Overhanging the budget and relief talks is the case filed before the Supreme Court (SCOTUS) by Texas to invalidate the Presidential vote in GA, PA, MI, and WI. President Trump has focused on the case and has asked the Court for permission to intervene in support of Texas. As of noon today, all required papers have been filed with the Court and a decision could come at any time. With the Electoral College process to occur in the 50 states on Monday, a decision is expected by Sunday night.
In the past Justice Thomas has insisted that cases between states, that come directly to the SCOTUS, be heard and not dismissed and Justice Alito has joined him. But there will be pressure by the Chief Justice for unanimity and much focus will be on the three Trump appointees whose support the President is counting on.
