Senate Republicans keep notching victories by peeling off vulnerable Democrats

Even in Congress’ divided state, Republicans have found a way to play offense against vulnerable Senate Democrats by using congressional maneuvers to force politically sensitive votes that drive a wedge between senators up for reelection in red states and the Democratic base.

Republicans have deployed a resolution of disapproval to target policies opposed by Democrats, forcing them to either embrace President Joe Biden’s positions or break from their party. This procedural tool has forced Biden to confront bills he opposes, which is unusual since the majority leader often prevents controversial legislation from being voted on, sparing the president from having to veto a bill or make a politically charged decision to sign it instead.

Republicans have scored at least four wins in the last month using this tactic. The resolution of disapproval can’t be kept off the floor by the majority leader and cannot be filibustered, allowing lawmakers to rescind recently finalized rules with a simple majority vote and the president’s signature.

Sens. Joe Manchin (D-WV), Jon Tester (D-MT), Sherrod Brown (D-OH), Kyrsten Sinema (I-AZ), and Jacky Rosen (D-NV) are vulnerable Democrats under the spotlight for these votes. Republicans hope to put pressure on them for the 2024 election cycle.

A vote to end the COVID-19 public emergency

The Senate approved a resolution to end the COVID-19 public health emergency crisis. A large number of Democrats voted with Republicans in support of the resolution after Biden gave vulnerable Democrats political cover and indicated he will sign legislation to lift the national emergency declaration. The move came less than two months after House Democrats opposed the same measure.

The vote was mainly symbolic since the administration had already announced that the emergency declaration would be allowed to expire in May. Nonetheless, the measure could speed up the process.

Manchin, Tester, Brown, Sinema, and Rosen voted with several of their other Democratic colleagues and all Republicans in support of the measure.

A vote to roll back Clean Water Rule

The Senate also approved another measure to cancel a key Biden administration rule that defines what bodies of water are subject to federal regulation under the Clean Water Act.

Senators voted to overturn the rule, but Biden is expected to veto it. Manchin, Tester, Rosen, and Sinema split with Democrats on the vote and voted in support of canceling the rule. Brown voted with the Democrats.

A vote to block a new criminal code for the District of Columbia

Senators voted overwhelmingly to block the District of Columbia’s updated criminal code from becoming law. Before the Senate vote, 173 House Democrats voted that Biden would veto the resolution in an effort to stand up for the district’s home rule. Biden reversed his position during a lunch with Senate Democrats, telling them he would sign the resolution, angering lawmakers across the Capitol complex. Biden and Senate Democrats up for reelection are under increasing pressure on the issue from Republicans, who have made reducing crime a major part of their agenda.

Brown, Manchin, Tester, Rosen, and Sinema voted in support of it, and Biden signed the measure.

A vote to overturn federal rule on ESG investments

With some support from Democrats, the Senate voted to overturn a Labor Department rule that permits fiduciary retirement fund managers to consider environmental, social, and corporate governance, or ESG, factors in their investment decisions. Biden issued the first veto of his presidency on the measure.

Manchin and Tester were the only two Democrats who voted to overturn the rule. Brown, Rosen, and Sinema voted with most Democrats against it.

Nominations

The Biden administration has recently been struggling to get nominees confirmed despite having a Senate majority. Politically polarizing environment ahead of the 2024 election cycle, in addition to Democrats’ narrow majority in the Senate, put Biden’s picks under increased pressure.

Phillip Washington, Biden’s pick to lead the Federal Aviation Administration, recently withdrew his nomination amid criticism he doesn’t have aviation credentials.

The group of centrist Democrats has not revealed whether they will support Julie Su, Biden’s pick to replace former Labor Secretary Marty Walsh. Su was narrowly confirmed to serve as deputy labor secretary in 2021 by only a three-vote margin. While she did receive the support of Manchin, Tester, and Sinema back then, many red state Democrats have not revealed whether they will support her nomination at this time.