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Lame ducks and other endangered species

November 2024 federal employment law insider
Authors: 

Burton J. Fishman, FortneyScott

A notably unaccomplished Congress will stagger to its conclusion in what can be an accomplished Lame Duck session.

A “Lame Duck” session of Congress refers to the period between the November election and the end of the Congressional session on January 3 of the following year. During that anomalous time, many legislators will vote knowing it will be their last expression of legislative power. This Congress will be lame, indeed. At least 52 Representatives and 10 Senators are retiring, and a number more will be turned out of office—but that doesn’t diminish their authority. These hollow men and women will determine the country’s fate on a number of vital issues, and some—finally shorn of the obligation to face their constituents again—may cast surprising votes.

Funding. The damage to the House is reflected by its inability to pass a budget. Continuing resolutions (CRs) have become the common staple of Congressional appropriations. The problem is, CRs do nothing but continue funding as it exists. No new funds are directed at new and emergent issues or are aimed to alleviate unfunded necessities. And for the government as a whole, a CR constitutes an actual reduction in resources. Retiring or departing workers can’t be replaced because funds will now pay only for those who remain. The same is true with countless other initiatives that need renewal and oversight from Congress.

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