November 6, 2020

Government Affairs - The Senate

Lindsay Austin, Clark Lewis, Ragen Marsh, Robert Willis

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INTRODUCTION

Although several Senate races are too early or too close to call officially, it appears that Republicans will retain their majority in the 117th Congress. As of Wednesday morning, Senate Democrats have officially gained a net of one seat; John Hickenlooper (D-CO) ousted Republican incumbent Cory Gardner (R-CO), Mark Kelly (D-AZ) ousted Republican incumbent Martha McSally (R-AZ), and Tommy Tuberville (R-AL) ousted Democrat incumbent Doug Jones (D-AL). Republicans were able to hold on to competitive seats in Maine, Montana, and Iowa while Democrats were able to hold on to their competitive seat in Michigan. The states of Georgia and North Carolina have not been called and will determine the final numbers for the Senate. Both of the Senate races in Georgia will go to a runoff election in Georgia on January 5, 2021.

Below is a list of the likely chairmen and ranking members of the Senate Committees, as well as the expected leadership for both Democrats and Republicans in the 117th Congress. Senate Republicans can only serve as chairs for three Congresses — or six years — unless any of those years were served as ranking members. Senate Democrats do not have any similar term limits. In cases where a clear successor is uncertain, possible replacements are listed in order of seniority or most likely to succeed the open chair/ranking member.

RESULTS AS OF NOV 5 FROM 270TOWIN.COM

SENATE REPUBLICAN LEADERSHIP

Majority/Minority Leader – Mitch McConnell (KY)
Majority/Minority Whip – John Thune (SD)
Republican Conference Chairman – John Barrasso (WY)
Republican Policy Committee Chairman – Roy Blunt (MO)
Vice Chairman of the Republican Conference – Joni Ernst (IA)
Republican Senatorial Committee Chairman – Todd Young (IN)

SENATE DEMOCRAT LEADERSHIP

Majority/Minority Leader – Chuck Schumer (NY)
Majority/Minority Whip – Dick Durbin (IL)
Assistant Democratic Leader – Patty Murray (WA)
Chairwoman of Policy & Communications – Debbie Stabenow (MI)
Vice Chair of Conference – Elizabeth Warren (MA, if she does not take a spot in a Biden administration)
Vice Chair of Conference – Mark Warner (VA)
Chair of Steering Committee – Amy Klobuchar Amy Klobuchar (MN, if she does not take a spot in the Biden administration)

SENATE COMMITTEE LEADERSHIP

COMMITTEE	DEMOCRAT LEADER	REPUBLICAN LEADER	NOTES
Agriculture, Nutrition, and Forestry	Debbie Stabenow (MI)	John Boozman (AR)	Current Chairman Pat Roberts (R-KS) is retiring, and Boozman is next in line by seniority.
Appropriations	Patrick Leahy (VT)	Richard Shelby (AL)	No change.
Armed Services	Jack Reed (RI)	James Inhofe (OH)	No change.
Banking, Housing, and Urban Affairs	Sherrod Brown (OH)	Pat Toomey (PA) Mike Crapo (ID)	Toomey can lead Banking if Crapo takes Finance.
Budget	Bernie Sanders (VT)	Lindsey Graham (SC)	Current Chairman Mike Enzi (R-WY) is retiring, and the senior members to Graham are expected to take the top spots on other committees.
Commerce, Science, Transportation	Maria Cantwell (WA)	Roger Wicker (MS)	No change.
Energy & Natural Resources	Joe Manchin (WV)	John Barrasso (WY) James Risch (ID) Mike Lee (UT)	Current Chairwoman Lisa Murkowski (R-AK) is term limited, leaving it open for Barrasso who may choose EPW.
Environment & Public Works (EPW)	Tom Carper (DE)	John Barrasso (WY) Shelley Moore Capito (WV)	Barrasso acts as the current chairman but may leave to take the top spot on Energy & Natural Resources.
Finance	Ron Wyden (OR)	Mike Crapo (ID) Pat Toomey (PA)	Current Chairman Chuck Grassley (R-IA) is term limited as both chairman and ranking member, and Crapo is widely expected to choose Finance over Banking.
Foreign Relations	Bob Menendez (NJ)	James Risch (ID) Marco Rubio (FL) Ron Johnson (WI) Mitt Romney (UT)	Risch serves as the current chairman but may leave to take the top spot on Intelligence. Rubio is next in line for the top spot but may remain at Small Business, leaving open other possibilities depending on other committee shifts.
Health, Education, Labor & Pensions (HELP)	Patty Murray (WA)	Richard Burr (NC) Rand Paul (KY) Susan Collins (ME, race is undecided as of November 4) Bill Cassidy (LA)	Current Chairman Lamar Alexander (R-TN) is retiring. Paul is next in line by seniority but has had a rough relationship with leadership. Burr is widely expected to get the slot, but Cassidy could also be considered if Collins loses her reelection.
Homeland Security	Gary Peters (MI, race is undecided as of November 4)	Ron Johnson (WI) Rob Portman (OH)	Current Chairman Ron Johnson (R-WI) is term limited as chairman but can serve as ranking member.
Indian Affairs	Catherine Cortez Masto (NV)	John Hoeven (ND)	Current Ranking Member Tom Udall (D-NM) is retiring, and Masto is next in line by seniority given that Cantwell will take the top spot on Commerce.
Intelligence	Mark Warner (VA)	Marco Rubio (FL) Richard Burr (NC, race is undecided as of November 4) James Risch (ID)	Richard Burr served as the chairman of the committee until he stepped down amid an FBI investigation into his finances, but it’s uncertain he would return to the top spot once cleared. Rubio may need to choose between Intelligence, Small Business, and Foreign Affairs. And Risch would need to choose between Foreign Affairs and Intelligence.
Judiciary	Diane Feinstein (CA)	Chuck Grassley (IA)	Current Chairman Lindsey Graham (R-SC) is expected to return the gavel to Grassley who left to take the gavel on Finance.
Small Business	Ben Carden (MD)	Marco Rubio (FL) Rand Paul (KY)	Rubio will choose between Small Business, Intelligence, and potentially Foreign Affairs.
Veterans Affairs	Jon Tester (MT)	Jerry Moran (KS)	No change.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.