Democrats’ stronger-than-expected midterm performance is creating uncertainty around the future of bipartisan permitting reform while simultaneously setting the stage for an aggressive congressional oversight agenda. With larger majorities than anticipated, Democratic lawmakers may be inclined to revisit key policy negotiations in the next Congress rather than accept compromises reached under a different political landscape.
The Senate permitting package unveiled in September was negotiated “in a world where the prospects of Democrats controlling the U.S. Senate looked fundamentally different than the at least 54-seat majority that Democrats achieved last night,” Bracewell’s Joe Brazauskas said during a November 4 post-election webinar.
“Democrats will likely walk back in and need to reassess whether those are things that should be dealt with during this lame-duck period or handled in the upcoming Congress, where they hold a much stronger bargaining position,” Bracewell’s Holt Edwards said.
The election results could also reshape the debate around trade policy, Bracewell’s Josh Zive said. “The initial takeaway from the Nov. 3 election results is that this was a huge strike to the viability of tariffs,” Zive said. “I think we may have a chance to see a rebirth of the free-trade argument for the first time in a few years.”
Congressional oversight activity is expected to ramp up quickly, according to Bracewell’s Tom Moyer. “I think the next two months are going to be very, very active,” Moyer said.
“Members have been preparing for this, and today is really investigative day one for the 120th Congress,” Bracewell’s Megan Greer added.