Accessibility Tools

Skip to main content

The Latest      —

How President-Elect Biden and the Likely Senate Republican Majority Affect Policy-Making

Written on .

President-Elect Biden not only is considered the most moderate of all the Democratic candidates for President, but he has a history of deal-making, including deals with Senate Majority Leader Mitch McConnell, that suggests compromise may be possible.  The new Democratic senators in States that flipped, Colorado and Arizona, ran as Centrist Democrats, who touted their desire to work across the aisle. 

The Senate has the power to control the entire legislative agenda, the judicial and agency nominations, and even Cabinet confirmations.  While pressure may be on Mr. Biden to satisfy his liberal wing of the party by appointing liberal Cabinet members, such members must gain Senate confirmation.  Recall that during the Trump Administration, the nomination of some agency heads took years to gain confirmation in the Senate.  For example, the nomination of Scott Mungo to head OSHA languished almost two years before Mungo withdrew his nomination.  There will therefore be incentives for Mr. Biden to appoint moderate Cabinet members and agency heads in order to get the confirmation of Senate Republicans.

The Kiplinger Letter points out that Biden ran less on transformation than restoration.  The circumstances suggest that in general, the new Administration will try to return to the policies of the Obama Administration. 

This is part of our December 2020 Newsletter.

Click here to download the newsletter PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

Early morning Bagan, Myanmar
The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termin…
staff
In many situations, employers utilizing staffing companies or other independent contractors to provide workers, enter into contracts with t…
discarded papers
During the Biden administration, a new concept was adopted by the Biden-appointed NLRB in which employers were required to bargain with a u…
be reasonable
In a memo to the NLRB regional offices in late February, NLRB General Counsel Crystal Carey told regional NLRB officials to reduce efforts…
gender neutral bathroom sign
On February 26, 2026, the Equal Employment Opportunity Commission (EEOC) ruled that federal employers can lawfully block transgender worker…
sign: please stay on the path
The classification of workers as employees or independent contractors is incredibly important to businesses.  Employment protection laws do…