capitol building

This Week:

The Senate confirmed several Trump administration nominees, including Matthew Whitaker to serve as US Ambassador to NATO, Dean Sauer to serve as US Solicitor General and Mehmet Oz to serve as Head of the Centers for Medicare and Medicaid Services. It also passed a resolution to end the national emergency declared by President Trump on February 1 to impose US tariffs on Canadian imports (see below) and a House-passed resolution on energy efficiency standards for walk-in coolers and freezers. The Senate will also vote later today or tomorrow on a budget resolution (see below). The House failed to pass a resolution to block a bill to allow proxy voting for new parents (see below).

Next Week:

The Senate will continue to confirm Trump administration nominees. The House will vote on a bill to limit nationwide judicial injunctions, a bill to require in-person proof of citizenship to register to vote and two Senate-passed resolutions to repeal CFPB rules on overdraft fees and digital consumer payment platforms. It also may vote again on a resolution to block the proxy voting bill and on the Senate-passed budget resolution (see below).

The Lead

Tariff Blitz.

President Trump this week delivered his much-anticipated plans on reciprocal tariffs. Details were shifting in the time leading right up to the announcement. Underlying the reciprocal tariffs is a baseline 10% tariff that will apply to all countries and will go into effect at midnight tonight. A broad subset of countries (including China, EU countries, Switzerland, Japan, India, and Vietnam, among others) will be subject to higher tariffs (a list of these countries is linked here). The tariffs are country-specific and are set to go into effect next week. Though the math is opaque, the level of reciprocal tariffs is driven by the level of the US’s bilateral trade deficit with a given country (not the level of that country’s tariffs with respect to the US) and any non-tariff barriers or currency manipulation. We unpack below some of the complicated and uncertain dynamics on the pathway for tariffs.

  • Emergency Authority. As he did with recent tariffs on Mexico, Canada, and China, President Trump is imposing the reciprocal tariffs through emergency powers under the International Emergency Economic Powers Act (IEEPA), a law that has been traditionally invoked for national security issues. Trump is the first president to use IEEPA to impose tariffs. The Senate this week passed a resolution to repeal Trump’s use of IEEPA for tariffs on Canadian imports. The resolution passed with four Senate Republicans joining all Senate Democrats, and is non-binding and will not go anywhere in the House.
  • Reaction. These large tariff increases bring economic and political risks for the Trump administration. Markets reacted quickly and negatively to the size of the tariffs and its potential impact on prices and the economy. While Republicans currently are circling the wagons on the administration’s actions, there is unease from elected Republicans in Congress. They are aware that they and President Trump benefited in the last election cycle from voters’ concerns about higher prices. Before the make-over of the Republican party under Trump, free trade was also part of the party’s orthodoxy. Concerns likely will bubble up next when the US Trade Representative Jamieson Greer appears before Congress. In his first term, Trump often would change course in response to negative market reaction to even the threat of tariffs. In the second term, Trump has been more assertive in taking aggressive actions that come with economic and political risks and is surrounded by a different set of advisors. So, whether Trump heeds these concerns is questionable and may depend on the degree and persistence of the market and economic response.
  • Next Steps. President Trump positions tariffs as serving multiple objectives (basis for negotiation, source of revenue and spur for domestic investment), though there are tensions between the objectives. In his second term, Trump has sometimes evinced an interest in prioritizing the last two objectives over the first. Nevertheless, in putting forward these reciprocal tariffs, Trump has the authority to ratchet up tariffs in response to retaliatory measures or ratchet down in response to potential agreements. While many countries are in the process of responding with retaliatory tariffs, the Trump administration thinks that many countries will come to the bargaining table and provide concessions in return for lower tariff levels. Some already are and the administration may provide delays to allow for these negotiations and to provide greater runway for actually implementing all of these tariffs. But a big question is how aggressively will the administration respond with their own retaliatory measures if many of the biggest trading partners dig in on retaliatory measures. The conventional wisdom continues to be that Trump is using tariffs as leverage in negotiations, but the risk of further escalation is not an idle concern.
  • More Tariffs. The reciprocal tariffs don’t apply to steel/aluminum and autos, though the Trump administration has already applied 25% tariffs to these products under different authority. Other products that are excluded from the reciprocal tariffs include lumber, copper, pharmaceuticals and semiconductors. However, the administration already is or likely will conduct investigations into trade in these products that will form the predicate for heightened tariffs.

Budget Resolution Momentum.

Senate Republicans this week unveiled a compromise budget blueprint. The budget resolution is a necessary first step in advancing President Trump’s biggest legislative policy priorities. Passage of the budget resolution by the Senate, later today or tomorrow, and then passage by the House, possibly next week, tees up the reconciliation process for major tax-and-spending legislation to be passed with a majority vote in the Senate (instead of the 60-vote threshold for most legislation). The Senate’s revised budget resolution this week includes permanence of the 2017 tax cuts for individuals, a $1.5 trillion cost ceiling on new tax provisions, $250 billion in new defense spending and $175 billion for border security and immigration enforcement. It also includes a $5 trillion debt limit increase. Trump announced his support for the Senate’s budget resolution and called for its quick passage. While the Senate’s budget resolution differs from the version the House passed earlier this year, the House plans to pass the measure next week before heading into a two-week recess. Whether or not it’s that easy remains to be seen as several House Republicans have issues with the Senate’s more limited spending cuts.

Other Issues

Discharge Petitions Return.

Congresswomen Anna Paulina Luna (R-FL) and Brittany Pettersen (D-CO) are reviving the debate over proxy voting in the House as they push for a measure allowing new parents to vote remotely for up to 12 weeks after the birth of a child. They pursued an effort to get 218 members, a majority of the House, to sign on to a discharge petition that will force a vote in the House on the resolution. Discharge petitions are a tool that bypasses leadership and allows rank-and-file members to directly advance legislation. They are rarely successful. Speaker Mike Johnson (R-LA) opposes the effort, arguing it is unconstitutional. The move highlights the growing use of discharge petitions as a key strategy for bypassing leadership and advancing legislation. There have only been five discharge petitions that gathered 218 signatures and were passed into law in the past 40 years, but three have come within the past decade. As leadership in both parties tightens their grip on what legislation will and won’t make it onto the House floor, discharge petitions have become one of the few remaining legislative tactics that rank-and-file House Members have to force an issue.

Municipal Bonds.

Rumors about changes to the tax exemption for municipal bond interest have been swirling around Washington the past few weeks following the leak of a 50-page document that is reportedly the product of Republicans on the House Budget Committee. This document includes dozens of options for spending cuts that could be used to offset tax cuts (including ones President Trump campaigned on) as part of the reconciliation bill. A proposal to eliminate the tax exemption for interest on municipal bonds is among the cost-savings proposals. Over the years, we have seen proposals to scale back the tax benefit of investing in municipal bonds, but this is the first time we recall seeing a full elimination of the tax benefit as an option. We expect this proposal of full elimination to falter, but there will be consideration of alternative options to alter that tax preference for municipal bonds.

Senate History.

On Tuesday evening Senator Cory Booker (D-NJ) made history by giving the longest Senate speech in history at 25 hours and five minutes. This surpasses Senator Strom Thurmond’s (R-SC) 24 hour and 18-minute filibuster against the Civil Rights Act of 1957. For many, the vision of what a filibuster is comes from movies like Mr. Smith Goes to Washington. Though not technically a filibuster, Senator Booker’s speech had many of the same dramatic effects. He was required to stay standing, was unable to eat and could not stop speaking. Booker used the many hours to criticize the Trump administration. Democrats aren’t able to do much to counter Trump’s agenda given that they’re out of power, but efforts like Booker’s might help keep their base engaged.

The Final Word

Widening Majorities.

Republicans this week held on to two deep-red House districts in special elections in Florida, though with diminished margins compared to the results in November. With these wins, they have expanded their majority in the House to a 220-213 margin. While this boost will be helpful for Republicans in passing their agenda, it’s clear they’re still nervous about their slim majority. Notably, the Trump administration pulled back on Congresswoman Elise Stefanik’s (R-NY) nomination as UN Ambassador in order to avoid having another Republican vacancy. While the margins remain tight, Speaker Mike Johnson will have a slightly stronger hand in navigating key votes and gain the ability to lose a few more votes within his party. With President Trump’s steady influence on the Hill and the GOP’s unity improving under his leadership, the party’s ability to pass legislation—while still challenging—looks more secure than it did just weeks ago.