The Senate was drawing closer to a vote on legislation to end the shutdown on Monday after a small group of Senate Democrats broke a 40-day stalemate late Sunday evening and voted with Republicans to move forward with reopening the government.
It is unclear when the Senate will hold final votes on the bill, but Senate Majority Leader John Thune said he hopes passage will take “hours, not days.”
“The American people have suffered for long enough. Let’s not pointlessly drag this bill out,” he said as the Senate opened on Monday morning.
The legislation would still need to clear the House before the government could reopen. House Speaker Mike Johnson urged lawmakers to start returning to Washington “right now,” given travel delays, but he said he would issue an official notice for the House’s return once the Senate passes the legislation.
“We have to do this as quickly as possible,” Johnson said at a news conference. He has kept the House out of session since mid-September, when the House passed a bill to continue government funding.
After weeks of negotiations, the moderate Senate Democrats agreed to reopen the government without a guaranteed extension of healthcare subsidies, angering many in their caucus who have demanded that Republicans negotiate with them on the Affordable Care Act tax credits that expire January 1. Thune (R-SD) promised a mid-December vote on the subsidies, but there was no guarantee of success.
The final vote was 60-40. Senate Democratic Leader Chuck Schumer of New York voted against moving ahead with the package, along with all but eight of his Democratic colleagues.
“We will not give up the fight,” Schumer said, adding that Democrats have now “sounded the alarm” on healthcare.
Still, an end to the shutdown could still be days away if any senators object and drag out the process. Thune was still working out concerns within his Republican conference about individual provisions in the underlying spending bills.
One of those Republicans, Kentucky Sen. Rand Paul, had threatened to object to a provision championed by his home state colleague, former GOP leader Sen. Mitch McConnell, to prevent the sale of some hemp-based products. Paul said he was seeking an amendment to strip the language before a final vote.
President Donald Trump has not said whether he will sign the package, but told reporters at the White House Sunday evening that it “looks like we’re getting close to the shutdown ending.”
5 Democrats switch votes
A group of three former governors—New Hampshire Sen. Jeanne Shaheen, New Hampshire Sen. Maggie Hassan, and Independent Sen. Angus King of Maine—broke the six-week stalemate on Sunday when they agreed to vote to advance three bipartisan annual spending bills and extend the rest of government funding until late January.
The legislation includes a reversal of the mass firings of federal workers by the Trump administration since the shutdown began on October 1. It also protects federal workers against further layoffs through January and guarantees they are paid once the shutdown is over.
In addition to Shaheen, King, and Hassan, Democratic Sen. Tim Kaine of Virginia, home to tens of thousands of federal workers, also voted in favor of moving forward on the agreement. Illinois Sen. Dick Durbin, the No. 2 Democrat, Pennsylvania Sen. John Fetterman, and Nevada Sens. Catherine Cortez Masto and Jacky Rosen also voted yes.
The moderates had expected a larger number of Democrats to vote with them, as 10 to 12 Democratic senators had been part of the negotiations. But in the end, only five switched their votes—the exact number that Republicans needed. King, Cortez Masto, and Fetterman had already been voting to open the government since October 1.
The agreement includes bipartisan bills worked out by the Senate Appropriations Committee to fund parts of the government—food aid, veterans programs, and the legislative branch, among other things.
Democrats call the vote a “mistake”
Schumer, who received blowback from his party in March when he voted to keep the government open, said he could not “in good faith” support it after meeting with his caucus for more than two hours on Sunday.
Independent Sen. Bernie Sanders of Vermont, who caucuses with the Democrats, said giving up the fight was a “horrific mistake.” Sen. Chris Murphy (D-CT) agreed, saying that voters who overwhelmingly supported Democrats in last week’s elections were urging them to “hold firm.”
House Democrats swiftly criticized the Senate.
Texas Rep. Greg Casar, the chairman of the Congressional Progressive Caucus, said a deal that doesn’t reduce healthcare costs is a “betrayal” of millions of Americans who are counting on Democrats to fight.
Others gave Schumer a nod of support. House Democratic Leader Hakeem Jeffries had criticized Schumer in March after his vote to keep the government open. But he praised the Senate Democratic leader on Monday and expressed support for his leadership throughout the shutdown.
“The American people know we are on the right side of this fight,” Jeffries said Monday, pointing to Tuesday’s election results.
Healthcare debate ahead
It’s unclear whether the two parties would be able to find any common ground on the healthcare subsidies before a promised December vote in the Senate. Speaker Johnson (R-LA) has said he will not commit to bringing it up in his chamber.
On Monday, Johnson said House Republicans have always been open to voting to reform what he called the “unaffordable care act,” but again did not say if they would vote on the subsidies.
Some Republicans have said they are open to extending the COVID-19-era tax credits as premiums could skyrocket for millions of people, but they also want new limits on who can receive the subsidies and argue that the tax dollars for the plans should be routed through individuals.
Other Republicans, including Trump, have used the debate to renew their yearslong criticism of the law and called for it to be scrapped or overhauled.
—By Mary Clare Jalonick and Lisa Mascaro, Associated Press
Associated Press writers Seung Min Kim, Michelle Price, Stephen Groves, and Kevin Freking contributed to this report.