What’s Subsequent in Washington? – October 2022 Version | Foley & Lardner LLP

October 4, 2022

The 2022 Midterm Elections are a bit of over one month away and the races are tightening up. Democrats have seen their fortunes enhance with a string of legislative victories and bettering ballot numbers for President Joe Biden. Republicans have continued to message on financial considerations and see a positive electoral map as their key to victory. As the ultimate dash begins, we’ve offered an outline of essentially the most aggressive Home, Senate, and Gubernatorial races this election cycle. We now have additionally offered an replace on authorities funding, power allowing, and FDA Person Charge reauthorization.

See under for larger element on key points and extra of what’s to return on this month’s version of What’s Subsequent in Washington? introduced by the Foley & Lardner Federal Public Affairs staff.

Previewing Aggressive Home Races

Democrats presently management the Home of Representatives 221 – 212. After shedding seats within the 2020 election, Democrats held on to a slim majority within the Home. Republicans have to web 5 seats within the Home to flip management. Listed in alphabetical order under are essentially the most aggressive Home races within the 2022 cycle. Key occasions, together with that of inflation and financial considerations, along with the Supreme Court docket’s choice in Dobbs v. Jackson Girls’s Well being Group, have pushed many races into the “Toss-up” class. Moreover, some of the the important thing states that can decide management of the Home is California. California has a number of toss-up and shut races that might lead to seat pick-ups for every occasion. You possibly can study extra concerning the California Home races right here.

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Previewing Aggressive Senate Races

The Senate is presently held by the Democrats in a 50-50 cut up, with Vice President Kamala Harris because the tie breaking vote. Under are the ten best races this cycle listed in alphabetic order. Key 2020 election swing states, together with Arizona, Georgia, Nevada, Pennsylvania, and Wisconsin, all have a seat up for election. Republicans have to web just one seat to flip the Senate of their management. Whereas Democrats see retiring Republican incumbents in Biden-won states as their keys to retaining the higher chamber.

 

Gubernatorial Race Outlook

Listed so as of best, 12 Governor races are highlighted under. A complete of 36 governorships are up for election in 2022. Democrats are anticipated to select up two governorships in solid-Democrat states, Gov. Charlie Baker (R) of Massachusetts is retiring and Gov. Larry Hogan (R) of Maryland is time period restricted.

 

Congress Passes Brief-Time period Funding Invoice

With hours to spare, Congress handed a unbroken decision (CR) to fund the federal government by December 16th, 2022.  This invoice briefly extends FY-2022 funding ranges for something funded by the appropriations course of. As well as, and amongst different provisions, this invoice:

  • Offers $12 billion in emergency help for Ukraine.
  • Injects $18 billion into FEMA’s catastrophe reduction fund for numerous states recovering from pure disasters throughout the nation (Florida, Alaska, and Puerto Rico).
  • Consists of $2 billion in Group Growth Block Grants to assist communities recovering from main disasters.
  • Extends a number of HHS and Veterans Affairs applications.
  • Reauthorizes the FDA’s person charges referring to medicine, units, generic medicine, biosimilar organic merchandise, and numerous different applications and grants.

Additionally it is essential to notice what’s absent from this CR. Senator Joe Manchin (D-WV) withdrew his power allowing overhaul proposal, the Vitality Independence and Safety Act of 2022, as a result of it was a problem of competition for members in each events. Majority Chief Schumer had beforehand agreed to permit this to be included within the CR to be able to acquire Manchin’s vote for the Inflation Discount Act.  This may increasingly once more get placed on the desk for dialogue through the lame duck session.  You possibly can learn extra about Manchin’s proposal right here.

The short-term funding invoice reauthorizes person payment applications, however in contrast to earlier person payment packages, it doesn’t embrace any of the coverage riders that had been included within the Home’s Meals and Drug Amendments of 2022 or the Senate’s FDA Security and Landmark Developments Act of 2022.  It’s but to be decided which of the stripped coverage riders will likely be included in an omnibus bundle on the finish of the yr. You possibly can learn extra about reauthorization right here.

After passing the CR, Chief Schumer introduced that the Senate wouldn’t reconvene till the second week of November, thus canceling two weeks of October session. The Home isn’t scheduled to return till the third week of November.

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