Arent Fox’s Election Analysis

Our Insiders On What Happens Next

American Flag blowing in wind on blue sky

Every two years, our Government Relations practice group drafts a comprehensive post-election analysis for Arent Fox clients and friends of the firm. This week, we have found the project to be more challenging, given the unsettled nature of the Presidential and Congressional elections. In response to client questions about what we expect will occur in policy based on the results as they are currently understood, we believe it’s an appropriate time to share our views even though we’re wary of creating a “Dewey Defeats Truman!” experience for our readers.

A New Era in Washington

Based on media reports this morning and tallied votes, we are assuming for the purposes of this analysis that former Vice President Joe Biden will become the nation’s 46^th President, that the House Democratic majority will continue, albeit more narrowly, and that Senate Republicans will remain the majority party. We are aware of the pending litigation and potential recounts for the Presidential election and that some election challenges might occur at the Congressional level as well. We are also aware that there will be two runoff Senate elections on January 5 in Georgia that could conceivably result in a 50-50 Senate and the President’s party having a constructive majority with Vice President Harris available to break tie votes in the Senate. With these caveats, we hope you will find our analysis informative.

In the event that circumstances change dramatically in the coming days or weeks, we will release an updated version that captures any changes in the Presidency or Congressional majorities.

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Our Washington Insiders React

“Politics in the United States has changed dramatically. We are coming off a Presidential election and many other elections where the anger and the raw emotions of the American people were on full display. But Congress and the new President must come together to address large and serious issues, including Covid-19, the economy, climate change, and much more.”

Former Sen. Byron Dorgan
Government Relations Practice Co-Chair

“America is emerging from its most angry and divisive modern election to face unprecedented challenges to its economy, healthcare system, budget, and institutions. A narrowly elected President and closely divided, bitterly partisan Congress will be poorly positioned to answer the call for bold action. However, I am persuaded that there will be opportunities for a reset, and inevitable surprises — some for the better.”

Former Rep. Philip S. English
Government Relations Practice Co-Chair