Report from Governmental Affairs

Welcome to the 119th Congress

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Congress

U.S. representatives of the 119th Congress were sworn in during the first day of session in the House Chamber of the U.S. Capitol Building on Jan. 3 in Washington, D.C. (Photo by Chip Somodevilla/Getty Images)

As the dust settles from the 2024 election, the political landscape in Washington, D.C., has undergone a significant transformation. The Republican Party now controls all three branches of the U.S. government, marking a pivotal shift in governance and policy direction.

Adding a historical dimension to this new chapter, the 2024 election marked only the second time in U.S. history that a former president returned for a nonconsecutive term. The last instance happened over a century ago, when former President Grover Cleveland assumed office in 1885 and then again in 1893.

In resuming power, the Trump administration is leveraging its experience to swiftly staff the government, set a decisive agenda and execute sweeping executive actions. With the U.S. Supreme Court’s recent decision affirming presidential immunity from liability for official acts, we expect that the administration will act with greater confidence and assertiveness early in its term.

In Congress, the Republican Party successfully flipped the U.S. Senate, achieving a 53-47 majority in the upper chamber. Republicans elected South Dakota Sen. John Thune as the next Senate majority leader, completing a momentous shift in their leadership that elevates a top deputy of Sen. Mitch McConnell of Kentucky into a key position.

Meanwhile, Republicans retained control of the U.S. House of Representatives with the narrowest of margins after notable Republican departures from the House. Former Rep. Mike Waltz of Florida became the national security adviser, and Rep. Elise Stefanik of New York has been nominated to serve as ambassador to the United Nations. Additionally, former Rep. Matt Gaetz of Florida stepped down from Congress following his nomination by President Donald Trump for U.S. attorney general but later withdrew from consideration because of strong resistance from some Republicans.

As a result, the Republican House majority currently stands at 218 to 215, making it the smallest House majority since the 1930s. There is no room for error with a majority this small, as demonstrated Jan. 3 during the election for speaker of the House, where the Republicans could afford to lose only one vote. House Speaker Mike Johnson of Louisiana won that election but only after he and Trump convinced two Republicans to change their no votes to yes.

Despite the razor-thin margin, Johnson is confident that Republicans can pursue Trump’s ambitious agenda. While Trump endorsed Johnson for reelection, obvious frustrations by some disgruntled Republican members remain and will continue to surface as the 119th legislative agenda gets underway.

The legislative inactivity of the 118th Congress leaves substantial opportunities for the new Congress to address unresolved issues and impact critical national security matters. The shift in power and narrow margins in both chambers will certainly shape the political dynamics on the Hill, emphasizing the need for collaboration and strategic policymaking to achieve progress.

The Trump administration has outlined an ambitious agenda for its first 100 days. On his first day, Trump executed a number of executive orders on diverse topics, including securing the U.S. southern border, ending federal DEI programs, realigning U.S. foreign aid, restoring the federal death penalty and pardoning supporters convicted for actions on Jan. 6, 2021. The administration has also announced plans to restructure the federal government, which could bring sweeping changes to the missions of the Department of Justice, the Department of Education and the Department of Homeland Security. These shifts will be of particular interest to the ABA, given the potential implications for legal policy, legal education and the justice system.

In the meantime, the 119th Congress must tackle passing appropriations bills for fiscal year 2025 by March 14 to avoid another government shutdown threat and before addressing appropriations for fiscal year 2026. The Senate is also having confirmation hearings to consider nominations made by Trump to Cabinet and other significant government positions.

In this dynamic environment, certain issues present opportunities for advancement. Artificial intelligence and data privacy are areas where bipartisan cooperation is expected to lead to meaningful progress. However, significant challenges remain for other issues, including the future of the Public Service Loan Forgiveness program, higher education policy, tax reforms, foreign aid and the complexities of border security.

The political context has shifted, and so will the ABA’s messaging and advocacy—adapting to new audiences and new governmental priorities as we continue to advance the ABA’s policy interests and the interests of the legal profession. The ABA Governmental Affairs team is well prepared for this challenge and is already actively working with ABA leaders and entities to strategically identify opportunities and navigate the challenges of the 119th Congress.

This report is written by the ABA Governmental Affairs Office and discusses advocacy efforts by the ABA relating to issues being addressed by Congress and the executive branch of the U.S. government.