Government Shutdown Update: Wednesday, October 8, 2025

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The Senate failed to pass both competing resolutions for the sixth time Wednesday. The Democrat-backed CR (S.2882) failed again by a party-line vote of 47-52. The Republican-backed CR (H.R. 5371) failed by a vote of 54-45. No one deviated from their previous votes on either CR. Senator Ted Cruz (R-TX) did not vote on.

Congressional Updates

Susan Collins (R-ME), Chair of the Senate Appropriations Committee, created a draft plan that proposes reopening the government through the House-passed clean CR and then negotiating Affordable Care Act (ACA) subsidies afterward. She has voiced her support for the ACA tax credits but has also been an advocate for reforms, saying she does not want a partisan issue attached to the CR. The emphasis on Democrats passing the clean CR is in line with most of the Republican Party’s view; however, Senate Majority Leader John Thune (R-SD) has said that the first order of business after the government reopening will be passing appropriations bills, and only afterward can other issues be discussed.

The Administration has tapped Senator Markwayne Mullin (R-OK) in an informal role to act as an intermediary with the Democrats on funding discussions.

House Speaker Mike Johnson (R-LA) remains unoptimistic about an ACA extension deal. This week, he has vacillated on whether or not he would bring the House back to vote on paying troops. He has reiterated that the House has already done its job by passing the clean CR and said the issue of pay is in the Senate’s hands. Approximately 70 House Democrats are working on a letter for Speaker Johnson, urging him to bring legislation to the House floor that would ensure military service members are paid during the shutdown. The letter requests a vote be held before the October 15 pay date and cites a precedent from the 2013 shutdown. House Minority Leader Hakeem Jeffries (D-NY) said he would support a standalone bill to fund the military during the shutdown.

Senate Minority Leader Chuck Schumer (D-NY) has reiterated that the Democrats will not accept a plan that involves promises to negotiate ACA extensions in exchange for the government reopening, due to his concern that the Republicans will not hold up their end of the deal.

Administration Development

The White House has proposed using tariff revenue to continue funding the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) during the shutdown. This is a temporary solution, and there have been no reports on how much money would be allotted.

Notable Impacts

The Internal Revenue Service (IRS) furloughed nearly half of its workforce per its contingency plan, which directed non-essential staff to be furloughed a week after the start of the shutdown. The agency announced that beginning October 8, “most operations are closed.” The memo sent out on Wednesday assured the 34,429 furloughed employees that they would receive back pay, following a White House announcement earlier in the week that caused some uncertainty on compensation for furloughed workers.

Last week, the Department of Health and Human Services (HHS) directed the federal Organ Procurement and Transplant Network (OPTN) to halt operations relating to compliance and policy developments until the government reopens. The United Network for Organ Sharing (UNOS), a nonprofit contracted by the government to handle most organ donations, furloughed 25 percent of its staff due to the shutdown. Patients can still receive and donate organs, and support for critical patient safety will continue, but other functions, such as the monitoring of transplant and donation outcomes, will stop.

The FAA continues to monitor and slow air traffic as necessary, increasing delays across the country. Prior to the shutdown, there was a shortage of approximately 3,000 air traffic controllers, an issue that is worsening as the shutdown continues. On Monday, nearly a quarter of TSA agents showed up to work late or not at all at the Philadelphia International Airport. This reflects broader patterns seen in airports across the country and is resulting in delays and cancellations due to staffing shortages.

[View source.]

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. Attorney Advertising.

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