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DC Tax Flash: Senate Confirms Coney Barrett and Heads Home for Elections

Tax Alert

The Senate this evening voted to confirm Amy Coney Barrett to the Supreme Court on a 52-48 tally. No Democrats voted to confirm. Sen. Susan Collins (R-ME) was the lone Republican vote against the nominee. With little hope for a breakthrough on virus relief legislation, the Senate recessed until November 9, 2020 (with a few intervening pro forma sessions scheduled).

In a statement issued today, House Speaker Nancy Pelosi (D-CA) said that she is still waiting on a response from the Administration "on several concerns, including on action to crush the virus. Ten days after Secretary Mnuchin went on CNBC to declare that he was accepting our testing plan, the Administration still refuses to do so."

White House Chief of Staff Mark Meadows insists that the Administration does want to find an agreement as soon as possible. He blames the Speaker for the failure to find common ground. "We've continued to make offer after offer after offer, and Nancy continues to move the goalposts," Meadows said yesterday.

On November 3rd, voters will cast ballots for president, all 435 members of the House, and 33 Senate seats, plus two special elections to complete the terms of Sen. John McCain (R-AZ) and Sen. Johnny Isakson (R-GA). (More than 60 million Americans have already voted.)

Republicans currently control the Senate with a 53-47 majority. Altogether, Republicans are defending 23 Senate seats. Because the vice president breaks ties in the Senate, Democrats need to pick up just three seats to regain a Senate majority if Joe Biden wins. They would need four additional seats to gain control of the Senate if President Trump is re-elected. 

Democrats currently control the House with a 232-197 majority (with several seats currently vacant). Republicans would need to add 18 seats to retake control of the House. Although the president has expressed optimism in recent days about his party's chances to retake the chamber, few analysts expect that to happen.


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