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January 28, 2025

ABA Advocacy in the 119th Congress

See what legislative issues present opportunities for advancement in this dynamic environment.

See what legislative issues present opportunities for advancement in this dynamic environment.

As the dust settles from the 2024 elections, the political landscape in Washington 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 occurred over a century ago when 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 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 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 into a key position.

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

As a result, the Republican House majority currently stands at 219 to 215, with that lead lessening once Rep. Waltz resigns and other representatives are confirmed, making it the smallest House majority since the 1930s. There is no room for error with a majority this small, as demonstrated on January 3rd during the Speaker of the House election, where the Republicans could afford to lose only one vote. Mike Johnson won that election, but only after he and the then President-elect convinced two Republicans to change their no votes to yes.

Despite the razor-thin margin, Speaker of the House Mike Johnson is confident that Republicans can pursue President Donald Trump’s ambitious agenda. While President Trump endorsed Speaker 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 hundred days. On his first day, the President executed 26 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 Departments of Justice, Education, and 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 FY 2025 by March 14th to avoid another government shutdown threat and before addressing appropriations for FY 2026. The Senate is also holding confirmation hearings to consider nominations made by the President to cabinet and other significant government positions, with 15 hearings scheduled and four cabinet positions confirmed during the President’s first week in office.

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 (PSLF) 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.

Want to know more about the 119th Congress?  Visit our Welcome to the 119th Congress toolkit to access the 119th congressional calendar, new member profiles, see who the lawyers are, and more.