Georgia Senate Victories to Put Democrats in Unified Control

Following an election on November 3 that defied nearly every norm and many expectations, Democrats won unified control of the federal government after two January 6 U.S. Senate runoffs in Georgia were called in their favor.

On the same day, an angry mob of rioters allied with President Trump invaded the U.S. Capitol building. The rioters were the first to successfully storm the Capitol since the British did so in 1814 during the War of 1812. Five deaths resulted from the attack. The rioters damaged, stole and destroyed government property, sent Vice President Pence and Members of Congress into hiding, injured dozens, killed a police officer and disrupted the largely ceremonial legislative session finalizing of President-elect Joe Biden’s victory with the counting of the Electoral College votes certified by the states.

In the Georgia runoff, Democrat Raphael Warnock defeated Senator Kelly Loeffler, a Republican appointed to the seat, by 2 percentage points, or more than 89,000 votes out of nearly 4.5 million cast. In the second contest, Democrat Jon Ossoff defeated Senator David Perdue by 1.5 percentage points or nearly 51,000 votes.

Heading into the January 6 election, the Senate was made up of 50 Republicans and 48 Democrats. Because Democrats won both Georgia races, the Senate is now evenly divided at 50-50. That changed on January 20 when Kamala Harris became vice president, and the presiding officer of the Senate, able to break tie votes. Her position ensures that Democrats control the Senate for the next two years. Senator Charles Schumer (D-NY) became the new Majority Leader with the power to determine the Senate’s legislative agenda.

For President Joe Biden and his fellow Democrats, the runoff results were an unexpected boon. The party’s House majority shrank precipitously because of November’s voting. Had Republicans maintained control of the Senate, Biden’s judges and executive branch appointees, who can be approved or rejected by a simple majority vote, could have been blocked and his priorities easily quashed. In addition, Biden’s ambitious agenda for COVID relief, the economy, energy, health care, climate change and more now have a chance of passage.

The energy industry will not like many of the Biden proposals—both regulatory and legislative–-but given the narrow margins, there are numerous ways to influence and improve outcomes. Watch for a dramatic change in government style.

More House-Passed Bills to See Votes in Senate

Since the Republicans took control of the Senate in the 2014 elections, the Republican Majority Leader Mitch McConnell (R-KY) has made that body the place where Democratic-sponsored bills passed by the House go to die. That characterization is well-earned. Between January 3, 2019, when the current Congress convened, and election day 2021, the House had passed 431 Democrat-sponsored bills that the Senate never considered. That will change dramatically in 2021.

Ending divided government between the White House and the Congress, at least for the next two years, will have a profound impact on when and how the legislative process moves forward and on which bills are viable candidates to become law or at least receive Senate consideration.

Democrats Senate Power Checked By Filibuster Rule

In the Senate, Biden will still need GOP support. Most legislation needs 60 votes to thwart a Senate filibuster, meaning Biden and Schumer will need Republican support to pass most bills. Exception are presidential nominations and the once-a-year budget reconciliation process, which requires only majority votes. Although limited by the Senate’s arcane rules, the GOP used the reconciliation power in 2017 to pass its controversial tax cuts and President Obama used it to pass the Affordable Care Act.

Biden ran for office pledging to enact the boldest legislative agenda since the Great Depression, passing everything from a massive stimulus to combat the pandemic to trillions of new spending to address infrastructure, climate change, expand health coverage and tackle economic inequality. To accomplish even a portion of that agenda he will have to expertly navigate the closely divided Congress.

Progressives are demanding that Democrats scrap the Senate filibuster, making it easier to pass Biden’s legislative agenda. However, Biden has opposed doing that, and moderate Democratic Senators like Joe Manchin (D-WV) are expected to oppose as well.

Even with the limitations, the incoming president will be positioned to push for a more ambitious spending package aimed at taming the coronavirus pandemic and bolstering the economy, two central themes of his 2020 campaign against former President Trump. In addition, he can expect to see his chosen cabinet members confirmed quickly, which will help the new administration to hit the ground running.