As the 118th Congress enters its final weeks, lawmakers are working to address several pressing priorities before the session ends. These legislative actions, including judicial confirmations, appropriations, and the National Defense Authorization Act (NDAA), carry significant implications for the legal profession and the broader justice system. Here is a look at some of those key developments and their potential impacts.
Judicial Confirmations in Focus
The Senate is looking to prioritize the confirmation of judicial nominees during the lame-duck session. Senate Democrats, specifically, are working to confirm as many of President Joe Biden's judicial nominees as possible before the new Congress convenes. Judicial vacancies have long been an area of note for the legal profession, as delays can limit access to justice and burden existing court resources.
The ABA plays a role in the judicial nomination process through its Standing Committee on the Federal Judiciary. The Committee operates as an independent, nonpartisan body, separate from the association’s leadership and policy-making entities, ensuring that its evaluations are impartial and based solely on the professional qualifications of each nominee.
The Committee evaluates the professional qualifications of Article III nominees to the Supreme Court of the United States, the United States circuit courts of appeals, the United States district courts and the Court of International Trade; and Article IV nominees to the territorial district courts for the Virgin Islands, Guam, and the Northern Mariana Islands. The Committee does not propose, recommend or endorse candidates for nomination to the federal judiciary, as doing so would compromise its independent evaluative function.
Appropriations and Government Funding
One of the most pressing issues before Congress is addressing government funding, with the current continuing resolution set to expire on December 20, 2024. Lawmakers must act to pass either full-year appropriations bills or another extension to avoid a government shutdown.
The legal profession has a vested interest in stable funding for key programs, including the Legal Services Corporation (LSC) and federal courts. LSC, which provides civil legal aid to low-income Americans, relies on federal funding to maintain its operations. Any disruption in funding could have a ripple effect, impacting access to legal services and delaying court operations.
National Defense Authorization Act
The NDAA remains a high-priority item during the lame-duck session. Beyond its focus on military funding and policies, the NDAA often includes provisions that intersect with the legal profession, such as cybersecurity, whistleblower protections, and national security law. Legal practitioners in these areas are watching closely to assess potential changes and their implications for compliance and client advisory work.
Disaster Relief and the Farm Bill
Congress is also addressing disaster relief funding and the reauthorization of the Farm Bill. Both issues have regulatory and legal ramifications, particularly for attorneys working in environmental law, agriculture, and disaster recovery. Temporary measures or delays in these areas could create uncertainty for clients and complicate compliance efforts.
What’s Next
The outcomes of these legislative efforts will shape the policy landscape for years to come. The ABA’s Governmental Affairs Office is tracking developments closely, providing updates to members as Congress works to finalize its agenda. Follow us on LinkedIn and Twitter for ongoing updates.
As the 118th Congress concludes, the ABA remains committed to advocating for legislation that strengthens the justice system and supports the rule of law. The GAO will continue to provide analysis and resources to ensure legal professionals are informed and prepared for any changes resulting from Congress’ final actions.