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View from K Street: Do the midterms matter?

November 2026 federal employment law insider
Authors: 

Burton J. Fishman, FortneyScott

Many regard the upcoming 2026 midterm election as a referendum on the Trump presidency. That may well be the case, but the question remains: Does it matter? 

One thing is certain—there will be many different people serving in Congress in January. Because of the number of retirements, vacancies, and decisions to run for another office, you have at least 20% of the House who won’t be in their current position. If even a modest “blue wave” occurs, 25% of the House will have changed, and the leadership will be in Democratic hands. That alone means this will be one of the newest Congresses in quite a while. And given the breadth of policy positions among the candidates—from democratic socialists to MAGA-mad Republicans, along with a number of promising independents—the next Congress will be more politically diverse and possibly more politically volatile. But will it change the policies and practices of the Trump administration? 

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