Republicans have roughly eight weeks left before Democrats take control of Congress in January, and the party cannot afford to waste the final stretch of its governing majority.
The midterm results delivered a major setback for the GOP, but Republicans still have an opportunity to advance President Donald Trump’s agenda, confirm qualified judicial nominees, and address pressing national priorities before surrendering control.
History shows that outgoing Congresses can accomplish significant legislation during lame-duck sessions. This time, however, Republicans face a narrow window and a difficult political landscape.
The Senate filibuster presents the biggest obstacle. Democrats can block most legislation unless Republicans secure enough bipartisan support or use the budget reconciliation process, which allows certain tax, spending, and debt-related measures to pass with a simple majority.
Even legislation with bipartisan backing could be delayed. Democrats may prefer to wait until they assume control and negotiate from a stronger position with their expanded majorities.
That uncertainty could threaten several measures, including farm legislation and the bipartisan Protect College Sports Act. The latter would establish federal rules governing college athletics, including athletes’ ability to earn money from their name, image, and likeness. Although the legislation has already passed the Senate, its future remains uncertain.
Budget reconciliation offers another potential route, but the process is complicated and leaves little room for error.
Judicial confirmations may represent one of Republicans’ most achievable priorities. Senate confirmation of federal judges requires only a simple majority, making it possible for the GOP to continue filling vacancies without Democratic support. But even that effort faces political and logistical challenges.
Republicans will soon have an even smaller margin for error in the Senate. Sherrod Brown, who won a special election for JD Vance’s former Ohio seat, is scheduled to be sworn in on December 15, reducing the Republican majority to 52 seats.
Senate Republicans also face internal complications. Mitch McConnell remains in poor health, while Tommy Tuberville and Marsha Blackburn will be occupied with their transitions after winning gubernatorial elections in Alabama and Tennessee.
Other Republicans may be reluctant to cooperate with party leadership. Departing senators such as John Cornyn and Thom Tillis have had disagreements with Trump, while vulnerable Republicans, including Wisconsin’s Ron Johnson, Pennsylvania’s Dave McCormick, and North Carolina’s Ted Budd, will be weighing the political consequences of their votes ahead of future elections.
Alaska Sen. Lisa Murkowski also remains an unpredictable vote.
In the House, Speaker Mike Johnson faces his own challenge. With a majority of just four seats, he has limited leverage over members and little room to lose Republican votes. Some lawmakers are also looking toward their next political opportunities rather than focusing exclusively on the outgoing Congress’s agenda.
Judicial confirmations should therefore move quickly. Democrats are unlikely to have much incentive to help Republicans confirm additional judges once they take control. However, the available opportunities are limited: There are no vacancies on the federal appeals courts, and Trump has submitted nominees for only 11 of the 28 vacant district court judgeships.
The possibility of a government shutdown adds another deadline. Federal funding must be addressed in December, and without an agreement, the country could face another shutdown. Democrats will have little reason to make concessions to an outgoing Republican majority when they are preparing to assume power.
Republicans also want to raise the debt ceiling, a move intended to limit Democrats’ leverage in upcoming budget negotiations. Additional defense spending is another priority.
The military budget deserves serious attention, particularly as the United States faces ongoing security challenges. But the war in Iran could complicate the negotiations. Some Republicans have blamed the conflict for the party’s poor election performance and may resist providing additional funding to extend military operations.
