Senate Democrats cave, open path to reopening government

The Senate took a massive step forward on its way to reopening the government on Sunday, with a group of Senate Democrats caving and joining Republicans in their bid to pass a revamped plan to end the shutdown.

Signs that the shutdown, which entered its 40th day, could be ending became more and more clear as the day went on, particularly with the unveiling of a bipartisan package of spending bills that lawmakers hope to attach to a modified bill to reopen the government.

Eight Senate Democrats crossed the aisle to mark the first step in the GOP’s quest to end the shutdown. Many of the lawmakers that splintered from Senate Minority Leader Chuck Schumer, D-N.Y., were among those engaged in bipartisan talks over the last several weeks.

Among the defectors were Sens. Angus King, I-Maine, John Fetterman, D-Pa., Catherine Cortez Masto, D-Nev., Jeanne Shaheen, D-N.H., Maggie Hassan, D-N.H., Jacky Rosen, D-N.M., Tim Kaine, D-Va., and the number two Democrat in the Senate, Dick Durbin, D-Ill.

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“The question was, does the shutdown further the goal of achieving some needed support for the extension of the tax credits? Our judgment was that it will not,” King said. “It would not produce that result. And the evidence for that is almost seven weeks of fruitless attempts to make that happen.”

Schumer and Senate Democrats long stayed the course that they would only vote to reopen the government in exchange for a solid deal on extending expiring Obamacare subsidies.

But the solution developed over the last several days included nothing of the sort. While there were some wins in the updated continuing resolution (CR), like reversals of some of the firings of furloughed workers undertaken by the Trump administration and guaranteeing back pay for furloughed workers, there was no guaranteed victory in sight on the Obamacare issue.

That means that Senate Democrats effectively caved with little to show for their healthcare push, save for the guarantee of a vote on the subsidies from Senate Majority Leader John Thune, R-S.D., which was reflected in the updated CR. 

Schumer panned the compromise deal, and charged that when Republicans rejected Democrats’ own counter-proposal that would have extended the expiring subsidies for a year, “They showed that they are against any health care reform.”

“This healthcare crisis is so severe, so urgent, so devastating for families back home that I cannot, in good faith, support this CR that fails to address the healthcare crisis,” Schumer said. 

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Thune was optimistic that the plan would work, and reiterated his promise of a vote on the expiring subsidies. However, whatever legislation is produced to address the Obamacare issue is likely to fail. 

“Regardless, as I have said for weeks to my Democrat friends, I will schedule a vote on their proposal, and I’ve committed to having that vote no later than second week in December,” he said. 

Progressives in the caucus were unhappy with the developments, too.

Sen. Bernie Sanders, I-Vermont, charged that it would be a “horrific mistake” for Democrats to cave now without an Obamacare deal.

“If Democrats cave on this issue, what it will say to Donald Trump is that he has a green light to go forward toward authoritarianism,” Sanders said. “And I think that would be a tragedy for this country.”

Still, there is a long way to go before the government officially reopens.

Sunday’s vote was the first in a series needed in the Senate to modify the original House-passed continuing resolution and combine it with the three-bill spending package and updated CR, which, if passed, would reopen the government until Jan. 30, 2026.

Lawmakers hope that if given the extra time, they could finish funding the government with spending bills rather than turning to another CR or colossal omnibus spending package, which crams all 12 government funding bills into one piece of legislation.

“If we blow this window, we’re going to get stuck with a yearlong CR,” Sen. John Hoeven, R-N.D., said.

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And the shutdown won’t end in the Senate, given that the changes to the legislation will need to be greenlit by the House before making it to President Donald Trump’s desk.

Democrats could still extract pain through procedural hurdles unless there is unanimous agreement from all 100 senators to move forward with the remaining votes.

The Obamacare issue is still bubbling on both sides of the aisle, however. Senate Republicans slammed the state of healthcare throughout Saturday, particularly over how the subsidies funneled money to insurance companies.

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Democrats still remained skeptical if their frustration, and desire to make changes to take on insurance companies, was legitimate.

“The point, I think that’s really relevant here, is if they’re serious, and I really question whether that’s the case,” Sen. Ron Wyden, D-Ore., said.