With all the talk of November, November, NOVEMBER, it's easy to forget that (technically) Congress doesn't adjourn until the end of the year. That's right, believe it or not, the end of the year for our lawmakers is not November 2. There is a good chance – I'd even say a probability – that House and Senate leaders will bring members back in December to tackle a laundry list of items that do not make it on to the congressional calendar pre-election. This is referred to as a "lame duck" session since some members (perhaps many this year) will not be returning at the start of the next Congress in January.
There's a fair bit of controversy surrounding a lame duck session; not so much for the work period itself, but because of the potential to pass big and/or contentious legislation with the help of outgoing members. In John Fund's Wall Street Journal op-ed, Representative Tom Price said, "Members of Congress are supposed to represent their constituents, not override them like sore losers in a lame-duck session." There are many who feel lawmakers (could) abuse the December meeting to essentially defy the wishes of the American people after they speak up on Election Day. In the same article, John Fund acknowledges that nothing too contentious has derived from a lame duck session in 30 years, but this year could be very different.
We've already seen an array of unprecedented and unsustainable spending items in the 111th Congress, as well as the tactics (i.e. "deem as passed" FY11 budget) congressional lawmakers are willing to use to push through their big spending agendas. There's no telling what they will try to do this December, as it becomes increasingly apparent that there could be quite a bit of turnover next year. Fund highlights card check (the measure to curb secret-ballot union elections) as a strong possibility, citing a quote from Iowa Senator Tom Harkin: "To those who think card check is dead, I say think again." We could also see another cap-and-trade bill (most fear political retaliation too much to take it up before November), and a lot of pork. Big porkers heading out of office will likely want their last "favors" before throwing in the towel entirely. And, of course, we should see some action on the Bush tax cuts. No telling which extensions they will choose to pursue, but there are severe fiscal implications for taxpayers if nothing is done before the end of the year.
I'm not saying to take your eyes off November 2, but just remember to look past November as well. It could be as important a month as we have seen in the entire 111th Congress.