The Senate took the first step to end the government shutdown on Sunday after a group of moderate Democrats agreed to proceed without a guaranteed extension of health care subsidies, angering many in their caucus who say Americans want them to continue the fight.
In a test vote that is the first in a series of required procedural maneuvers, the Senate voted 60-40 to move toward passing compromise legislation to fund the government and hold a later vote on extending Affordable Care Act tax credits that expire Jan. 1. Final passage could be several days away if Democrats object and delay the process.
The agreement does not guarantee the Affordable Care Act subsidies will be extended, as Democrats have demanded for almost six weeks. Senate Democratic leader Chuck Schumer of New York voted against moving ahead with the package, along with all but eight of his Democratic colleagues.
A group of three former governors — New Hampshire Sen. Jeanne Shaheen, New Hampshire Sen. Maggie Hassan and Independent Sen. Angus King of Maine — broke the six-week stalemate on Sunday when they agreed to vote to advance three bipartisan annual spending bills and extend the rest of government funding until late January in exchange for a mid-December vote on extending the health care tax credits.
The agreement also includes a reversal of the mass firings of federal workers by the Trump administration since the shutdown began on Oct. 1 and would ensure that federal workers receive back pay.
Senate Majority Leader John Thune endorsed the deal Sunday night and called an immediate vote to begin the process of approving it.
“The time to act is now,” Thune said.
Final passage could be several days away if Democrats object and delay the process.
Returning to the White House on Sunday evening after attending a football game, President Donald Trump did not say whether he endorsed the deal. But he said, “It looks like we’re getting close to the shutdown ending.”
In addition to Shaheen, King and Hassan, Democratic Sen. Tim Kaine of Virginia, home to millions of federal workers, also voted in favor of moving forward on the agreement. Illinois Sen. Dick Durbin, the No. 2 Democrat, Pennsylvania Sen. John Fetterman and Nevada Sens. Catherine Cortez Masto and Jacky Rosen also voted “yes.”
Colorado’s two Democratic senators, John Hickenlooper and Michael Bennet, said they opposed the deal.
“We should reopen the government,” Bennet said in a written statement, “but I refuse to do it at the expense of families who are simply trying to pay for health care. Coloradans deserve better.”
Hickenlooper said because the agreement fails to address increased health care premiums, he couldn’t support it.
“We will continue to fight every day … until every American has coverage,” he said in a written statement.
The moderate Democrats had expected a larger number of Democrats to vote with them as around 10-12 Democratic senators had been part of the negotiations. But in the end, only five Democrats switched their votes — the exact number that Republicans needed. King, Cortez Masto and Fetterman had already been voting to open the government since Oct. 1.
Schumer votes “no”
After Democrats met for over two hours to discuss the proposal, Schumer said he could not “in good faith” support it.
“America is in the midst of a Republican-made health care crisis,” Schumer said on the floor just before the expected votes. He said Americans would “suffer immensely” and that the crisis would only get worse.
“Democrats have sounded the alarm,” Schumer said, and “will not give up the fight.”
Independent Sen. Bernie Sanders of Vermont, who caucuses with the Democrats, said that giving up the fight was a “horrific mistake.”
Sen. Chris Murphy, D-Conn., agreed, saying that people in last week’s elections voted overwhelmingly Democratic “to urge Democrats to hold firm.”
“People know the government shutdown hurts,” Murphy said. “But people know that Americans will die when millions cannot afford health insurance next year.”
A bipartisan agreement
Democrats have voted 14 times not to reopen the government as they have demanded the extension of tax credits that make coverage more affordable under the Affordable Care Act. Republicans said they would not negotiate on health care, but GOP leaders have been quietly working with the group of moderates as the contours of an agreement began to emerge.
The agreement includes bipartisan bills worked out by the Senate Appropriations Committee to fund parts of government — food aid, veterans programs and the legislative branch, among other things. All other funding would be extended until the end of January, giving lawmakers more than two months to finish additional spending bills.
The spending legislation included in the package keeps a ban on pay raises for lawmakers but boosts their security by $203.5 million in response to increased threats. There’s also a provision championed by Sen. Mitch McConnell, R-Ky., to prevent the sale of some hemp-based products.
The deal would reinstate federal workers who had received reduction in force, or layoff, notices and reimburse states that spent their own funds to keep federal programs running during the shutdown. It would also protect against future reductions in force through January and guarantee federal workers would be paid once the shutdown is over.
“I have long said that to earn my vote, we need to be on a path toward fixing Republicans’ health care mess and to protect the federal workforce,” Kaine said before he voted for the package. His Virginia colleague, Democratic Sen. Mark Warner, voted no, along with Maryland’s two Democratic senators, Chris Van Hollen and Angela Alsobrooks.
House Democrats push back
House Democrats swiftly criticized the Senate.
Texas Rep. Greg Casar, the chairman of the Congressional Progressive Caucus, said a deal that doesn’t reduce health care costs is a “betrayal” of millions of Americans who are counting on Democrats to fight.
“Accepting nothing but a pinky promise from Republicans isn’t a compromise — it’s capitulation,” Casar said in a post on X. “Millions of families would pay the price.”
Rep. Angie Craig of Minnesota posted that “if people believe this is a ‘deal,’ I have a bridge to sell you.”
House Democratic leader Hakeem Jeffries blamed Republicans and said Democrats will continue to fight.
“Donald Trump and the Republican Party own the toxic mess they have created in our country and the American people know it,” Jeffries said.
All four Democrats in Colorado’s U.S. House delegation posted on social media that they would vote “no” on the deal.
U.S. Rep. Jason Crow, D-Aurora, said he was a “hard no.”
Brittany Pettersen, D-Lakewood, said on X that: “This is not a deal. This does nothing to address the skyrocketing costs of health care.”
Health care debate ahead
It’s unclear whether the two parties would be able to find any common ground on the health care subsidies before a promised December vote in the Senate. House Speaker Mike Johnson, R-La., has said he will not commit to bring it up in his chamber.
Some Republicans have said they are open to extending the COVID-era tax credits as premiums could skyrocket for millions of people, but they also want new limits on who can receive the subsidies and argue that the tax dollars for the plans should be routed through individuals.
Other Republicans, including Trump, have used the debate to renew their yearslong criticism of the law and called for it to be scrapped or overhauled.
“THE WORST HEALTHCARE FOR THE HIGHEST PRICE,” Trump said of the Affordable Care Act in a post Sunday.
Shutdown effects worsen
Meanwhile, the consequences of the shutdown have been compounding. U.S. airlines canceled more than 2,000 flights Sunday for the first time since the shutdown began, and there were more than 7,000 flight delays, according to FlightAware, a website that tracks air travel disruptions.
Treasury Secretary Sean Duffy said on CNN’s “State of the Union” that air travel ahead of the Thanksgiving holiday will be “reduced to a trickle” if the government doesn’t reopen.
At the same time, food aid was delayed for tens of millions of people as Supplemental Nutrition Assistance Program benefits were caught up in legal battles related to the shutdown.
And in Washington, home to millions of federal workers who have gone unpaid, the Capital Area Food Bank said it is providing 8 million more meals ahead of the holidays than it had prepared to this budget year — a nearly 20% increase.
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Associated Press writers Mary Clare Jalonick and Lisa Mascaro wrote the bulk of this report. Stephen Groves and Kevin Freking contributed to this report, as did Colorado Sun reporter Jesse Paul.