Discussion Question on procedure after the midterms. Votes that have already passed in the House

[HomerJS]

Asking about a possible scenario. Dems add 2 more seats in the Senate and Republicans barely take the House. Extra 2 seats allow Democrats to change filibuster rules for certain votes.

Things like voting rights, codifying Roe have already passed the House. Assume the new Senate passes these can they go directly to Biden for his signature or do they have to go back to the House and would get voted down?

 

[MrSquished]

I've wondered this myself recently as well. Great question. I'd love to know.

 

[Captante]

Same here .... I have no idea.

Google OTOH 100% knows.... problem is what to search for?

 

[ivwshane]

Asking about a possible scenario. Dems add 2 more seats in the Senate and Republicans barely take the House. Extra 2 seats allow Democrats to change filibuster rules for certain votes.

Things like voting rights, codifying Roe have already passed the House. Assume the new Senate passes these can they go directly to Biden for his signature or do they have to go back to the House and would get voted down?

My understanding is that legislation does not carry over between terms. So Dems would still need to pass a bill in the house and senate.

 

[chowderhead]

Asking about a possible scenario. Dems add 2 more seats in the Senate and Republicans barely take the House. Extra 2 seats allow Democrats to change filibuster rules for certain votes.

Things like voting rights, codifying Roe have already passed the House. Assume the new Senate passes these can they go directly to Biden for his signature or do they have to go back to the House and would get voted down?

the new Senators don’t get sworn in until the new session of Congress in January unless they are elected in a special election. The lame duck session would have the same people before the election but the Senate can mostly vote on confirming judges. All bills expire at the end of each session and must be reintroduced in each new session and passed anew.

 

[ivwshane]

LibGuides: Federal Legislative History: Basics

LibGuides: Federal Legislative History: Basics

wcl.american.libguides.com

When a bill dies in Congress
The legislative process for an issue may continue over several Congresses.

A bill that is not enacted in a two-year Congress dies when that Congress adjourns. It may be reintroduced in the next Congress with a new bill number.

A researcher may need to track multiple related bills over several Congresses. Documents produced in earlier Congresses may be relevant to later bills on the same topic.

 

[Captante]

the new Senators don’t get sworn in until the new session of Congress in January unless they are elected in a special election. The lame duck session would have the same people before the election but the Senate can mostly vote on confirming judges. All bills expire at the end of each session and must be reintroduced in each new session and passed anew.

So that means the Dems in the Senate would technically have until Dec 31st to pass any bill that has already made it through the house correct? (although since the same folks would be in the house till 12/31 too it might not matter much)

 

[HomerJS]

Damn

 

[uclaLabrat]

So that means the Dems in the Senate would technically have until Dec 31st to pass any bill that has already made it through the house correct? (although since the same folks would be in the house till 12/31 too it might not matter much)

Yes but as noted above the new senators dont officially start their terms until the new congress is seated...so if you cant pass it now, nothing is changing until the new balance of power is implemented.

 

[Captante]

Yes but as noted above the new senators dont officially start their terms until the new congress is seated...so if you cant pass it now, nothing is changing until the new balance of power is implemented.

From what (briefly) read yesterday it really sounded like if they could push it to a vote prior to Dec 31st it could still be approved but I may have misunderstood.

Did you mean to type that the senate could ONLY confirm judges after the midterms but before the new session begins in January instead of "mostly"?

 

[chowderhead]

From what (briefly) read yesterday it really sounded like if they could push it to a vote prior to Dec 31st it could still be approved but I may have misunderstood.

Did you mean to type that the senate could ONLY confirm judges after the midterms but before the new session begins in January instead of "mostly"?

the Senate can try but with the same Senators as before the election at 50-50 Democrats to Republicans. For example, some Democrats are retiring or potentially may lose reelection and may just not show up for a lame duck. Even if they did, they still have Manchin and Sinema opposed to removing the fillibuster. There would be a bunch of “traditionalists” in the Senate who would want the new Congress to decide. Plus, even if they did manage to remove the fillibuster or carve oit an exception, the bill would have to be identical to any House bill or else it goes to House/Senate conference. There is no path to passing more legislation in a lame duck. The best scenario is approving more judges/appointments.

 

[Amol S.]

Asking about a possible scenario. Dems add 2 more seats in the Senate and Republicans barely take the House. Extra 2 seats allow Democrats to change filibuster rules for certain votes.

Things like voting rights, codifying Roe have already passed the House. Assume the new Senate passes these can they go directly to Biden for his signature or do they have to go back to the House and would get voted down?

Anything that doesn't go to the president at the end of any leggislative session...... goes to the trash. Yup.... square one, or may two (if you consider copy paste and no need to rewrite the who proposed legislation).