Lame-Duck Sprint: Freedom Caucus Demands Action as GOP Races Democrats' January Takeover

Republicans are on the clock. Lawmakers are scheduled to be in session for only about five more weeks before the new Congress takes over in January, The Hill reported ^[2]. When it does, Democrats will run both chambers, with at least 54 Senate seats and possibly 56 depending on the outcomes in Mississippi and Alaska, according to CBS News ^[4]. That leaves a narrow window for conservatives who want to lock in as much of President Trump's agenda as they can, and an obvious incentive for Democrats to run out the clock.

The Freedom Caucus Wish List

The House Freedom Caucus fired the opening shot on Monday. In a letter to Speaker Mike Johnson and Senate Majority Leader John Thune, the caucus board asked GOP leaders to act within the next 60 days and to keep Congress in session until the work is done ^[1]. "Moreover, we request that we not leave town until we accomplish these objectives," the letter said ^[1]. It also argued that every Republican, including members departing on Jan. 3, should commit to finishing the job ^[1]. The caucus framed the push as a race to strip the incoming majority of bargaining power: "We must deny them every legislative leverage point possible," it wrote, according to The Hill ^[2].

The list is long. At the top is a third budget reconciliation package, which needs only a majority vote in each chamber, carrying defense modernization, family tax relief centered on health care, including expanded Health Savings Accounts and codified short-term health plans, and at least $1 trillion in spending cuts ^[1][2]. The caucus wants annual spending held at current levels for a third straight year, through either a continuing resolution or appropriations bills free of policy riders, and it opposes any year-end omnibus carrying what it called poison pills ^[1].

The letter also asks Congress to write Trump's border policies into law through the Permanent Trump Secure Border Act and to ban sanctuary policies through the Shut Down Sanctuary Policies Act of 2026, both of which have cleared the House Judiciary Committee ^[1]. It lists permitting reform, a stock trading ban covering all branches of government and voter ID legislation ^[1], along with congressional term limits ^[2]. Finally, it presses the Senate to confirm Trump's remaining executive and judicial nominees ^[1].

Thune's office told The Federalist that confirming those nominees will be a top priority of the lame-duck session, but it did not say whether the Senate would take up the policy items; Johnson's office did not respond to the outlet ^[1].

Keeping the Lights On

The one item that cannot be skipped is government funding. The current stopgap runs out on Dec. 11, which could trigger a shutdown, Fox News reported ^[6]. Fox chief congressional correspondent Chad Pergram wrote that Democrats will have little appetite to strike a deal when they are weeks away from taking control of Congress ^[6]. That puts the Freedom Caucus demand for flat spending and no omnibus on a collision course with a minority that knows time is on its side.

Thune has made funding the government part of his plan to finish the session strong, alongside moving nominees and adding work days to the calendar, CBS News reported ^[3].

Reconciliation, the conservatives' biggest ask, faces long odds. The House adopted a budget resolution for a third package in July with $73 billion for defense and intelligence, $12 billion for agriculture aid and $10 billion for a fund backing Trump-supported voting rules, but it stalled in the Senate after fiscal hawks objected that the package lacked offsets, The Hill reported ^[2]. The outlet called another reconciliation bill a heavy lift, with leadership elections eating into the little time left ^[2].

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Permitting Reform: The Best Bet for a Deal

The likeliest bipartisan accomplishment may be energy permitting. On Monday, the Senate voted 73-25 to advance the Bipartisan American Affordability and Jobs Act, a package negotiated by Sen. Martin Heinrich, D-N.M., with Republican Sen. Mike Lee of Utah, chairman of the Energy and Natural Resources Committee, as a co-sponsor, the Albuquerque Journal reported ^[5]. The bill would speed federal permits for transmission lines, pipelines and mining, and would make data centers absorb the cost of connecting to the electric grid ^[5].

"I do believe that America needs to be able to build things again," Heinrich said ^[5]. Opposition has come from environmental groups, Pueblo leaders in New Mexico and Heinrich's home-state colleague, Sen. Ben Ray Luján, who voted no ^[5].

Clearing the Senate is only half the battle. If the bill passes, the House must accept it or negotiate changes that can clear both chambers by Jan. 3, analysts at Jefferies wrote, noting that House Democratic leaders are demanding more input and House Republican support is uncertain ^[5]. The Freedom Caucus put permitting reform on its own list ^[1], which could help win over conservatives in the House.

The Confirmation Push

For Senate Republicans, judges are the clearest prize. The Senate has confirmed 57 of Trump's judicial picks so far in his second term, and there are 43 current and upcoming vacancies, CBS News reported ^[4]. Trump has formally sent the Senate 16 nominees for those seats and announced three more district court picks on Tuesday ^[4]. Thune told reporters the top priority is getting the judges confirmed before time runs out ^[4].

The Judiciary Committee advanced four district court nominees and held hearings for four more on Tuesday, with additional hearings expected next week ^[4]. Chairman Chuck Grassley rejected Democratic complaints about the pace, saying the committee has moved faster in the past when the situation demanded it ^[4]. Sen. Dick Durbin, the committee's top Democrat, called the effort a "desperate attempt to confirm more than 30 qualified loyalists to lifetime appointments." ^[4] Sen. Sheldon Whitehouse, a Rhode Island Democrat expected to chair the panel next year, has said Republicans must be held accountable for what he described as years of bad behavior ^[4].

Conservatives understand the stakes. Judges confirmed this winter will serve for decades, long after the next Congress has come and gone.

New Leaders for a New Minority

Both parties also used this week to set their teams. House Republicans on Tuesday chose Rep. Jim Jordan of Ohio, a hard-line conservative and close Trump ally, to lead them in the minority, defeating Majority Leader Steve Scalise 106-73, according to sources cited by CBS News ^[3]. Rep. Tom Emmer of Minnesota held on as whip after a challenge from Rep. August Pfluger of Texas ^[3]. Johnson, who stepped aside from leading the conference, said he will take the oath in January and work to help his team succeed ^[3].

In the Senate, Republicans re-elected Thune as leader by acclamation, despite a push led by Sen. Ron Johnson to delay the vote until the conference had discussed the midterm results ^[3]. Sen. John Barrasso was re-elected whip, Sen. Tom Cotton conference chair and Sen. Shelley Moore Capito policy chair ^[3]. On the other side, Sen. Chuck Schumer said he is confident he will be elected majority leader when Senate Democrats choose their leaders next month, though Sen. Bernie Sanders said he will not back him ^[3].

The Odds and the Calendar

A realistic reading of the weeks ahead looks like this. Confirmations are the item most fully within Senate Republicans' control, and Thune has said the conference is committed to staying in Washington and extending the calendar to get them done ^[3]. Permitting has a strong Senate vote behind it but an uncertain path in the House ^[5]. Government funding must be settled by Dec. 11 to avoid a shutdown ^[6]. Reconciliation, border codification and the rest of the Freedom Caucus list face the steepest climb, and Fox noted that attendance was expected to be a problem given how many lawmakers are retiring ^[6].

The dates to watch: Dec. 11 for funding ^[6], next week for more judicial hearings ^[4], next month for the Senate Democrats' leadership vote ^[3] and Jan. 3, when the new Congress arrives and the Republican majorities end ^[1][5].