After the election of two Democratic Senate candidates in the Georgia runoff elections on January 5, 2021, the Senate this year will be equally divided between 50 Democratic Senators (and those caucusing with them) and 50 Republican Senators. Governing in an equally divided Senate presents several challenges regarding the internal rules of the Senate, the makeup and control of committees, and the control of Senate business, including both legislation and the consideration and approval of nominations. In a client alert yesterday, we looked at the applicable principles and historical precedents concerning an equally divided Senate, and consider the implications for governing in the coming congressional term.

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Photo of Brian D. Smith Brian D. Smith

Brian Smith provides strategic and legal advice on matters that require substantial political, reputational, or government relations considerations.  He represents companies and individuals in high-profile or high-risk investigations, particularly congressional investigations, criminal investigations with political implications, and investigations related to political law compliance. …

Brian Smith provides strategic and legal advice on matters that require substantial political, reputational, or government relations considerations.  He represents companies and individuals in high-profile or high-risk investigations, particularly congressional investigations, criminal investigations with political implications, and investigations related to political law compliance.  He has significant experience in crisis management, where he advises clients facing combined legal, political, and media relations risks.  His practice also includes the development and execution of government relations initiatives, including securing the U.S. government’s political support on behalf of U.S. companies facing international legal issues.

Brendan Parets

Brendan Parets helps organizations resolve their most sensitive problems involving legal, political, and public relations challenges. He deploys his experiences in a Senate leadership office, as the chief legal officer for a presidential campaign, and representing organizations in Department of Justice and administrative…

Brendan Parets helps organizations resolve their most sensitive problems involving legal, political, and public relations challenges. He deploys his experiences in a Senate leadership office, as the chief legal officer for a presidential campaign, and representing organizations in Department of Justice and administrative investigations and in civil litigation to provide holistic advice that reflects business and political imperatives.

Brendan represents corporations and individuals facing congressional and administrative investigations. He also assists organizations with policy matters before Congress and counsels corporations, non-profit entities, and political committees on compliance with federal and state campaign finance laws.

Brendan rejoined Covington after serving as Chief Counsel to Senator Martha McSally (R-AZ), where he oversaw Senator McSally’s work on the Senate Committee on Banking, Housing, and Urban Affairs. Brendan also managed judiciary, commerce, telecommunications, tax, and trade issues for Senator McSally. He worked closely with Senate leadership, committees of jurisdiction, and executive branch agencies to achieve bipartisan compromise on judicial nominations, reform of Department of Homeland Security grant programs, and trade disputes.

He previously served as Chief Counsel to Senator Jon Kyl (R-AZ), Policy Counsel to the Senate Republican Policy Committee, a Senate leadership office chaired at the time by Senator John Barrasso (R-WY), and as Chief Counsel to Senator Lindsey Graham’s presidential campaign.