Congress
Capitol agenda: Make-or-break markup day
House Republicans are gearing up for their most consequential megabill markups Tuesday with massive, unresolved policy fights that could unravel President Donald Trump’s “big, beautiful bill.”
WAYS AND MEANS — At least one blue-state Republican is threatening to torpedo the GOP’s tax package over Chair Jason Smith’s proposal to triple the cap on the state and local tax deduction to $30,000 and limit it to people who make $400,000 or less.
“The bill is dead effectively on the floor,” Rep. Nick LaLota, one of a quartet of so-called SALT Republicans advocating for a higher cap, told POLITICO Monday night. Smith “insulted us with fake numbers” and “demonstrated bad faith in presenting a bill that … doesn’t even come close to earning our vote,” said LaLota, who is not on Ways and Means, but whose support will be necessary when the bill comes to the House floor.
But the SALT plan isn’t final. Ways and Means will use the placeholder language when it marks up its portion of the megabill at 2:30 p.m., with the expectation that negotiations will continue until the floor vote on the full legislation. Speaker Mike Johnson huddled with SALT Republicans and other top GOP lawmakers on Monday, and many Republicans involved in the talks believe they’ll end up compromising on slightly higher numbers, according to people familiar with the discussions.
ENERGY AND COMMERCE — The panel is poised for an epic, Medicaid-focused markup starting Tuesday at 2 p.m. that could continue overnight and late into Wednesday. Committee Democrats say it could run longer than the marathon 27-hour markup during Republicans’ unsuccessful attempt to repeal the Affordable Care Act in 2017.
Expect Democrats to offer a host of amendments to try and force Republicans into difficult votes over Medicaid. So far, it looks like Chair Brett Guthrie has gotten moderates on board with a plan that would force states to make some difficult decisions. One centrist panel member, Nick Langworthy, said he’s been won over, calling Guthrie’s gambit a “bold” proposal that protects Medicaid “for those who genuinely need it.” The bigger test may come after the markup, however, when it hits the floor and goes up against conservatives angling for deeper spending cuts.
Required reading ahead of E&C’s markup: How Guthrie, who has long wanted to overhaul Medicaid, is selling a compromise.
AGRICULTURE — The most contentious plan for the Supplemental Nutrition Assistance Program is officially on tap Tuesday: Forcing states to pay for part of the program using a sliding scale based on their payment error rates, beginning fiscal year 2028. Some Republicans fear this cost-share plan would disproportionately impact rural and red states including Alaska and South Carolina.
Agriculture Committee lawmakers will begin their markup at 7:30 p.m. and break at midnight, then reconvene for amendment debate at 10 a.m. Wednesday.
What Democrats are doing amid these megabill markups: Staying on message. The DNC is sending a mobile billboard around Blue Light News this morning criticizing Republicans for cutting Medicaid and SNAP, according to plans shared first with Blue Light News. And the Democratic Women’s Caucus is urging Republicans across these three committees not to cut safety-net programs, according to a letter sent Tuesday that Blue Light News obtained first.
“We have heard from women and families from across the country, and the message is clear — do not cut programs and services that deliver basic necessities like food and health care for women and families,” the caucus wrote.
Across the Capitol: Many GOP senators are bristling over some of the policies their House counterparts are pursuing. Sen. Ron Johnson said Monday he’d oppose the current House megabill for not going far enough to reduce the deficit, in a preview of problems to come for the party-line bill.
What else we’re watching:
— It’s not just Medicaid: Lawmakers are also proposing a dramatic concession to the tech industry as part of the Energy and Commerce contribution to the GOP megabill. When the committee meets later Tuesday, members will consider a 10-year moratorium on state and local regulation of AI models, amid growing tensions between federal lawmakers and state regulators. (Though it’s not likely to survive the Senate’s Byrd Rule.)
— Library of Congress fallout: Add Senate Majority Leader John Thune to the list of congressional leaders pushing back against Trump’s decision to fire top officials at the Library of Congress. Thune said on Monday that lawmakers “want to make sure we’re following precedent and procedure” in naming a replacement for ousted Librarian of Congress Carla Hayden. He added: “We want to make sure congressional equities are respected and protected in this process.”
— Dem Oversight race: Rep. Jasmine Crockett is planning to run for her party’s top slot on House Oversight after wavering last week when Rep. Kweisi Mfume, one of the most senior Democrats on the panel and a fellow Congressional Black Caucus member, started making moves toward a bid. In a text message sent to colleagues, Crockett said the current times “call for an extraordinary response” which is why she is seeking the position.
Anthony Adragna, Jordain Carney, Mohar Chatterjee, Hailey Fuchs, Benjamin Guggenheim, Meredith Lee Hill, Nicholas Wu and Grace Yarrow contributed to this report.
Congress
Top Commerce Committee Democrat releases AI framework
Sen. Maria Cantwell, the top Democrat on the Commerce Committee with vast jurisdiction over artificial intelligence policy, outlined six AI safety principles Wednesday morning — tenets she believes should underpin any legislation to stave off the greatest threats posed by the rapidly-evolving technology.
“To manage risks from advanced AI systems we need clear safety standards, continuous testing, and reporting of serious failures,” the Washington Democrat said in a statement. “America can lead the world in AI by building systems that are not only more capable, but safer and more secure.”
Cantwell’s framework would encompass six priority areas: enforceable safety standards for frontier models, continuous testing, disclosure and oversight, public-private partnerships, protection for children and workers and adherence to U.S.-led global standards.
To directly address risks posed by the technology, her framework would have federal experts at the National Institute of Standards and Technology and other agencies establish clear federal rules to address harms, with specialized standards for open-source AI models to reduce risks of catastrophic misuse.
The senator is also recommending that the federal government provide developers with guidance on how to accelerate U.S. leadership on AI without sacrificing basic safety protocols.
On testing, Cantwell argues the government and independent experts should provide constant oversight and “continually scrutinize and stress test covered AI models,” particularly when sensitive information or secure facilities are involved.
She also says AI systems must have built-in safeguards to ensure they halt self-modification that could bypass safety controls. And she states that advanced models should not be released until they have undergone an independent, comprehensive audit — similar to outside auditors examining a company’s financial statements.
Cantwell, a former tech executive, has for years pursued similar priorities. But her new framework comes ahead of a midterm election that could return control of the Senate to Democrats, handing Cantwell back of the Commerce Committee gavel.
It also comes as lawmakers are under pressure to regulate the AI industry but are showing few signs that they will be able to reach consensus, across the aisle or even within their own party.
Senators had hoped for hearings, markups and briefings on AI legislation before leaving Washington until after the November elections, but little progress was made. Sen. Ted Cruz (R-Texas), the current Commerce Committee chair, has continued to say he intends to hold a markup on AI-related bills but has punted multiple times, saying senators have yet to reach agreement on any bipartisan measure.
Senate Majority Leader John Thune and Sen. Amy Klobuchar (D-Minn.) have been trying to cut a deal on legislation to prevent and contain catastrophic risk from runaway AI technology, but bill text has so far failed to materialize.
Cantwell’s approach laid out Wednesday morning would be stricter and more comprehensive than what Thune and Klobuchar are expected to ultimately produce, based on similar legislation they have offered in the past.
Her approach of “constant oversight and vigilance” would also serve as a contrast to that of GOP leaders, who have consistently called for a “light touch” regulatory regime.
Congress
Capitol agenda: GOP braces for SCOTUS fight that may not come
Senate Republicans are privately ready for a post-election Supreme Court nomination fight that may never come.
There aren’t too many signs from the two oldest justices — 78-year-old Clarence Thomas and 76-year-old Samuel Alito — that either plans to retire in the coming months and force Republicans to spring into action to fill a vacancy.
But the two men would face a mountain of pressure to step down in the lame-duck period if Democrats retake the Senate, which could essentially shut down confirmations of President Donald Trump’s favored nominees.
Such a retirement announcement would kick off a chaotic sprint on Capitol Hill, giving Republicans just five scheduled session weeks to cobble together 50 votes for a Trump nominee.
Republicans in a position to act said in recent interviews they would certainly try to rapidly confirm any Trump pick.
“We would proceed quickly with such a vacancy,” said Senate Majority Leader John Thune.
Senate Judiciary Chair Chuck Grassley said “of course” they would. Sen. Thom Tillis, a frequent Trump critic who could single-handedly bottle up a nominee in Judiciary, said he would “absolutely” support a post-election confirmation.
“You’ve got to use your majority position to take that vote,” Tillis said.
Several senators, including Thune, are skeptical a vacancy even happens. Alito told Bloomberg News in an interview published Tuesday he would “stick around” at least until the court’s current term ends early next summer. Thomas hasn’t publicly addressed his retirement in years and has otherwise given no signs of imminent plans to quit.
“I don’t know why you assume there will be one,” said Sen. Susan Collins, another potentially pivotal vote who left the door open to filling any vacancy, pointing to her longstanding position that “as long as it’s not close to a presidential election that we should proceed.”
Still, some lawmakers on both sides of the aisle with battle scars from prior confirmation fights over Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson aren’t ready to entertain the thought of a lame-duck confirmation sprint.
“Oh, gosh,” said Sen. Lisa Murkowski. “You’re giving me the chills.”
What else we’re watching:
— INSIDE COONS’ ISRAEL TURNABOUT: Sen. Chris Coons is likely to chair Foreign Relations if Democrats win the Senate, and — in what he describes as a “fairly sharp break” in his thinking — he’s not ruling out sanctions on Israel’s prime minister. The Delaware senator’s evolution matches that of other moderate Democrats in the three years since Hamas’ deadly Oct. 7 attack triggered a military response that Israel’s critics have said amounted to genocide against Palestinians in Gaza.
— TRUMP COLLEGE TAX RULES WORRY DEMS: Democratic lawmakers are worried proposed Trump administration rules targeting diversity initiatives on college campuses could threaten universities’ finances over commonplace activities. “What if a university has Black History Month?” Sen. Sheldon Whitehouse, who sits on the tax-writing Finance Committee, said in a recent interview. “Is that going to cause them to lose their tax-exempt status?” The IRS regulations proposed Sept. 3 are slated to go into effect next June. Supporters say the rules should be used to prevent schools from considering race in decisions over who they admit, hire and promote, for example.
Jordain Carney, Daniella Cheslow and Brian Faler contributed to this report.
Congress
‘Use your majority’: In the unlikely event of a Supreme Court vacancy, Republicans are ready to act
Senate Republicans are unlikely to get a Supreme Court vacancy this year. They’re privately prepared for one, just in case.
A Democratic midterm triumph would carry massive implications for the final years of President Donald Trump’s presidency, including the prospect that the Senate could essentially shut down confirmations of his favored nominees. That’s a nightmare scenario for Republicans, who have viewed their reshaping of the federal judiciary as a crown jewel of Trump’s legacy.
The two oldest Supreme Court justices — 78-year-old Clarence Thomas and 76-year-old Samuel Alito — are both Republican appointees and reliable Trump allies, and key Senate Republicans said in recent interviews with Blue Light News they would support filling a high-court slot this year if one opens up.
“We would proceed quickly with such a vacancy,” said Senate Majority Leader John Thune.
Signs that Republicans will need to spring into action are scarce. Alito told Bloomberg News in an interview published Tuesday that he would “stick around” at least until the court’s current term ends early next summer. Thomas, meanwhile, hasn’t publicly addressed his retirement plans in years and has otherwise given no signs of imminent plans to quit.
But if the GOP loses control of the Senate in the midterms, both men would face a mountain of pressure to consider stepping down, given the stakes. Democrats remain bitter over the Republican blockade of President Barack Obama’s final Supreme Court nominee, Merrick Garland, and could block a fourth Trump justice.
Senate Minority Leader Chuck Schumer said in an interview over the summer that part of his pitch to recruit candidates was “two words that make a huge difference: Supreme Court.” Speaking to reporters last week, Schumer indicated that Democrats would use their majority to block judicial nominees they view as too extreme.
“One of the reasons we need to make sure that we do everything we can to take back the Senate is [to] not let Trump put such horrible justices, MAGA justices, on the Supreme Court and the lower courts,” he said.
A post-Nov. 3 announcement would be the first time since the 1922 retirement of Mahlon Pitney that a Supreme Court justice announced his or her departure in the lame-duck period after a midterm election, according to the Congressional Research Service.
Such an announcement would kick off a chaotic sprint on Capitol Hill, giving Republicans just five scheduled session weeks to cobble together 50 votes for a Trump nominee.
Those in a position to act said recently they would certainly try — and there is recent precedent for doing it quickly: Amy Coney Barrett was confirmed just 38 days after Justice Ruth Bader Ginsberg’s September 2020 death.
Like Thune, Senate Judiciary Chair Chuck Grassley (R-Iowa) said “of course” Senate Republicans would try to fill a post-election vacancy.
Sen. Thom Tillis (R-N.C.), a frequent Trump critic who could single-handedly bottle up a nominee in the Judiciary Committee, said he would “absolutely” support filling an end-of-year vacancy.
“You’ve got to use your majority position to take that vote,” he said.
But Tillis was among many in the GOP who doubt senators will have a slot to fill. “I can’t think of anything other than health,” he said, that would cause a justice to quickly step down.
Thune said that if a justice had plans to retire, “They would have done it already.”
Sen. Susan Collins of Maine, another potentially pivotal vote, also left the door open to a post-election confirmation. The only Senate Republican running this year in a state won by Kamala Harris, Collins pointed to her longstanding position that “as long as it’s not close to a presidential election that we should proceed to consider nominees.”
“I don’t know why you assume there will be one,” she added. “I haven’t heard that will happen.”
Collins knows as well as anyone the perils of taking up high-court nominations in an election year. She cited the too-close-to–Election Day rule in voting against Barrett’s nomination as she stood for reelection in 2020.
But Democrats are still hammering her decision to vote for Brett Kavanaugh a month before the 2018 midterms — even after his nomination was thrown into turmoil by allegations of sexual misconduct and assault which he denied.
Troy Jackson, Collins’ Democratic opponent, posted on X this week that Collins “cannot be trusted with voting on our next Supreme Court Justice.”
The campaign-trail sparring reflects just how partisan and contentious high-court nomination battles have grown, and plenty of senators are hoping to avoid a knock-down-drag-out fight on the heels of a similarly nasty midterm campaign.
In a sign of the battle scars left from the fights over Kavanaugh, Barrett and the most recent Supreme Court confirmee — Ketanji Brown Jackson — some lawmakers said they weren’t ready to even entertain the thought of a lame-duck confirmation sprint.
“Not a hypothetical I’m ready to talk about,” said Sen. Sheldon Whitehouse of Rhode Island, who is expected to lead Democrats on the Judiciary Committee next year.
Sen. Lisa Murkowski (R-Alaska), who would be a closely watched vote, made a quick escape when she was asked about the scenario.
“Oh, gosh,” she said. “You’re giving me the chills.”
Chris Marquette contributed to this report.
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