Polarized Electorate, Divided Government: What to Expect With the 118th Congress

Following the initial post-election analysis we released on November 9, several critical races in the US Senate and House of Representatives have been certified, which has also determined party control of each chamber. This updated analysis incorporates those results and continues to provide analysis on what the election likely means for a host of policy areas – both in the Lame Duck session in 2022 and in the 118th Congress beginning in January.

Republicans have won a narrow House of Representatives majority, and Democrats will retain their slim Senate majority.

While pundits forecast a Red Wave sweeping across the country, voters delivered a different message.

  • Historically, the president’s party suffers during the first midterm election as voters seek to vent against the party in power.
    • As anticipated, Democrats lost control of the House, but not by as wide of a margin as projected.
    • With victories in Nevada and Arizona, Democrats now hold a 50-49 edge in the Senate. Senate Democrats will retain the majority regardless of the outcome of Georgia’s December 6 Senate runoff –due to Vice President Kamala Harris’ tiebreaking vote should there be a 50-50 Senate.
    • The election showed that candidate quality matters, as do issues (e.g., inflation, abortion, crime) and voter enthusiasm.

The narrow majorities in both chambers suggest America remains divided, and compromise will be needed to overcome policy gridlock.

  • Democrats will not hold a 60-vote supermajority in the Senate, which is needed to overcome a filibuster, limiting debate and allowing the chamber to proceed to a bill’s consideration.
  • Given that limitation, nothing significant will become law without compromise in the House and the Senate.

Democrats Reverse Historical Trend to Retain Senate Control; Republicans Are in the Driver’s Seat for the House Majority

The United States Capitol building

Senate Democrats will begin 2023 in a familiar place – the Senate majority. Late Saturday evening, the Associated Press called the Nevada Senate race for incumbent Sen. Catherine Cortez Masto. The announced victory comes on the heels of incumbent Democratic Senator Mark Kelly’s victory in Arizona on Friday.

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Polarized Electorate, Divided Government: What to Expect With the 118th Congress

This presentation provides an analysis of the US mid-term elections – not a recitation of who won and who lost, but what the shift in power dynamics means for major policy areas.

Note: given the continued (and perhaps prolonged) uncertainty with the remaining open Senate races in particular, the presentation notes that uncertainty and will be updated once those elections are certified.

Read full insight here.

WEBINAR: Federal Privacy Legislation: Within Reach After a Decade of Debate. If So, What Next?

During this Lexology Masterclass webinar, Squire Patton Boggs Partners and Public Policy Team members Beth Goldstein and Jeff Turner, along with privacy litigator and Partner Kristin Bryan, will discuss one of the most critical pieces of privacy legislation in years, the American Data Privacy and Protection Act (ADPPA). This game-changing privacy legislation not only has potential far-reaching impact, it could be in effect within the next year. Join us for an insightful look at what this legislation means for businesses and consumers.

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US Executive Branch Update – November 17, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

POTUS’ Schedule*

12:00 p.m. EST – THE PRESIDENT receives the Presidential Daily Briefing | The White House

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US Executive Branch Update – November 16, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

POTUS’ Wednesday Schedule*

12:10 a.m. EST – THE PRESIDENT departs Bali, Indonesia, en route Guam (1:10 PM Local)

5:10 a.m. EST – THE PRESIDENT arrives in Guam for a refuel stop (8:10 PM Local)

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US Executive Branch Update – November 11, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

Note:  The U.S. Government is closed in observance of Veterans Day.

POTUS’ Schedule*

8:20 a.m. EST – THE PRESIDENT arrives in Sharm El-Sheikh, Egypt (3:20 p.m. local)

8:55 a.m. EST – THE PRESIDENT holds a bilateral meeting with President Abdel Fattah El-Sisi of Egypt (3:55 p.m. local) | Tonino Lamborghini International Convention Center, Sharm El-Sheikh, Egypt

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EU Advances Approach on Banning Products Made With Forced Labour

Scales of Justice

The European Commission (EC) published, in September 2022, a long anticipated proposal for a regulation banning the selling of forced labour goods in the EU.

The proposal is essentially introducing a ban on placing, making available on the EU market, or exporting from the EU market, any products that have been made using forced labour.

This policy received a lot of political attention of co-legislators for a while, particularly the European Parliament, which is likely to propose more stringent requirements within the legislation. Thus, businesses are advised to closely monitor this file as negotiations evolve.

We can help businesses identify these legislative changes, while at the same time helping them to understand the preparatory steps to consider for compliance with the future rules.

Read full insight here.

US Executive Branch Update – November 4, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

POTUS’ Schedule*

2:45 p.m. EDT – THE PRESIDENT delivers remarks at an American technology company that will benefit from passage of the President’s CHIPS and Science Act and more chips being made in America | San Diego, California

4:15 p.m. EDT – THE PRESIDENT departs San Diego, California, en route Chicago, Illinois

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US Executive Branch Update – November 1, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

POTUS’ Schedule*

9:00 a.m. EDT – THE PRESIDENT receives the Presidential Daily Briefing | The White House

11:05 a.m. EDT – THE PRESIDENT departs the White House en route Joint Base Andrews

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US Executive Branch Update – October 28, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

POTUS’ Schedule*

5:30 p.m. EDT – THE PRESIDENT departs New Castle, Delaware, en route Philadelphia, Pennsylvania

5:45 p.m. EDT – THE PRESIDENT arrives in Philadelphia, Pennsylvania

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US Executive Branch Update – October 12, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

POTUS’ Schedule*

8:30 a.m. EDT – THE PRESIDENT receives the President’s Daily Briefing | Oval Office

9:15 a.m. EDT – THE PRESIDENT departs the White House en route Joint Base Andrews

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US Executive Branch Update – October 11, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

POTUS’ Schedule*

7:00 a.m. EDT – THE PRESIDENT receives the President’s Daily Briefing | The White House

8:00 a.m. EDT – THE PRESIDENT and G7 Leaders hold a virtual meeting to discuss their unwavering commitment to support Ukraine and hold Putin accountable in the face of Russia’s aggression and atrocities, including Russia’s recent missile strikes across Ukraine; President Zelenskyy of Ukraine joins Leaders at the top of the meeting | Roosevelt Room

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US Executive Branch Update – October 10, 2022

US executive branch text over image of White House

This report provides a snapshot of the U.S. Executive Branch priorities via daily schedules and the prior day’s press releases.

Note:  The U.S. Government was closed on Monday, in observance of the Columbus Day holiday.

POTUS’ Monday Schedule*

1:55 p.m. EDT – THE PRESIDENT departs New Castle, Delaware, en route the White House

2:50 p.m. EDT – THE PRESIDENT arrives at the White House

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Senate Moves Defense Authorization: Why You Should Care

The United States Capitol building

On Tuesday morning, Senate Armed Services Committee (“SASC”) Chairman Jack Reed (R-RI) opened debate for the Senate’s version of the Fiscal Year 2023 National Defense Authorization Act (“NDAA”). The senate agreed to, via unanimous consent, the motion to proceed to Cal. #467 H.R. 7900, FY23 NDAA.

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