A pair of GOP-led bills making their way through the Senate is putting Democrats in a tough position, especially those who are considered vulnerable and seeking reelection in tough battleground states.
Republicans are taking advantage of their new House majority to advance legislation that forces Senate Democrats into politically uncomfortable votes, putting endangered lawmakers in a bind as they must choose between backing President Joe Biden’s agenda or bucking their own party. That challenge is especially prominent for Democrats who are seeking election in red states, including Sens. Joe Manchin (D-WV), Jon Tester (D-MT), and Sherrod Brown (D-OH).
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Senate Republicans are setting up votes on a number of controversial topics, such as environmental, social, and corporate governance, known as ESG, crime, COVID-19 policies, and more. The votes come as Senate Democrats face a tough battle in 2024, as they are tasked with defending 23 seats, with three of those in states former President Donald Trump won in 2020.
One such bill is a challenge to the Biden administration’s rule that allows fiduciaries to prioritize ESG when considering investment decisions for retirees. The Senate passed a bill overturning such a measure on Wednesday, with Manchin and Tester joining Republicans. Brown voted against it.
Another bill making its way through the Senate is a proposal to strike down an overhaul of Washington, D.C.’s century-old criminal code, which softens the punishment for homicide, robberies, and carjackings. Manchin said he would also join Republicans on that bill, paving the way for the bill to pass the upper chamber with bipartisan support.
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“These are awfully hard votes to explain [to voters],” Senate Minority Whip John Thune (R-SD) told Axios.
Tester has not yet indicated whether he’ll vote to overturn the criminal code, telling reporters on Tuesday he still has to “look at it … I just don’t know what it does.” However, Sen. Angus King (I-ME) said he would “likely” vote for it, possibly giving Republicans another win.
Republicans are poised to hand Biden several more losses over the coming months as lawmakers advance legislation with support from a small group of Democrats, including a resolution from Sen. Roger Marshall (R-KY) that effectively ends the federal COVID-19 emergency before Biden’s proposed expiration in May.