Adam S. Olsen- Washington, D.C.
May 3, 2023

House Democrats began a process Tuesday that could allow them to bypass the chamber’s Republican leaders in passing legislation to raise the nation’s debt ceiling, if they can get a handful of GOP members to join the effort.  In a letter to colleagues, House Democratic Leader Hakeem Jeffries (D-New York) said the maneuver “preserves an important option” as a standoff continues between the White House and House Republicans ahead of a looming default on U.S. debt as early as June 1st.  Democrats have crafted a “special rule” that could allow a bipartisan measure to be considered on the House floor through use of a so-called “discharge petition” — a procedure that is cumbersome, time-consuming and rarely successful. Such a petition would require 218 votes to discharge, or release, a bill from committee, to start the process for a vote in the full House.  The first date Democrats could gather signatures for the discharge petition is May 16th. To succeed, Democrats would need at least five Republicans to buck their party leadership, assuming all Democrats in the chamber back the effort.

While the House remains in recess, the Senate is having a busy day of votes.  The Senate is expected to consider the nomination of Orelia Eleta Merchant to be US District Judge for the Eastern District of New York and the nomination of Wesley L. Hsu to be United States District Judge for the Central District of California.

Today, Senate Republicans are also using the Congressional Review Act, a tool the minority can use to force votes on rolling back recently enacted rules within a tight window of time. CRAs just need a simple majority, so there’s no filibuster threat, and the measures are considered a “privileged resolution,” which compels the majority to schedule a vote even without Senate Democratic leadership supporting the move. The Senate will take up two resolutions today to roll back Biden administration rules, one to repeal Biden’s two-year pause on new tariffs for Chinese manufacturers routing solar panels through Southeast Asian countries and another to nullify the Endangered Species Act protections of the lesser prairie-chicken and whether the popular southwestern game bird, should have its status as “endangered” overturned.

The Senate may also vote on a Motion to invoke cloture on the nomination of LaShonda A. Hunt to be United States District Judge for the Northern District of Illinois

Adam S. Olsen, Washington, D.C.