Sen. Ben Ray Lujan (D-N.M.) has returned to Washington after a stroke left him incapacitated and left Democrats’ slim majority in peril.
The 49-year-old senator suffered from a stroke a few weeks ago, leaving Democrats shuffling to rearrange items on the legislative calendar to ensure their success. In the evenly-divided Senate, where Democrats the slimmest-possible majority with 50 seats plus the vice president’s tie-breaking vote, Lujan’s absence left Republicans with a slight majority.
Now, Lujan has returned to the capital, though he has not yet returned to the Senate floor.
During Lujan’s absence, Sens. Ted Cruz (R-Texas) and Mike Lee (R-Utah) tried to mount an effort to defund vaccine mandates and prohibit vaccine mandates for school children through amendments to a federal spending bill. Proponents of the measures asked all 50 Republican senators to stay for the vote, which would have been successful given Republicans’ temporary majority if all Republicans agreed.
The funding bill itself passed in a bipartisan vote in order to avoid a looming government shutdown.
The vote indicates that Republicans are largely opposed to the bill as it stands.
If Democrats can’t win the support of ten Senate Republicans to overcome the 60-vote filibuster threshold, Lujan’s return would have little impact on the bill’s success. Still, it is likely that the bill will be considered once Lujan returns to Capitol Hill.
Democrats were especially concerned over the fate of President Joe Biden’s Supreme Court nominee, who will replace retiring Justice Stephen Breyer.
Without Lujan’s vote, confirming Biden’s nominee likely would be far more difficult.
Lujan said at the time, “I will be back on the floor of the United States Senate in just a few short weeks to vote on important legislation and to consider a Supreme Court nominee. Now, rest assured, New Mexicans can know they will have a voice and a vote during this process. That has never changed.”
The White House has not yet announced who the nominee will be, but Biden has said he will stand by a campaign promise to nominate a black woman to the Supreme Court.
With Lujan’s return, Republicans have little hope of stopping a nominee who they consider too radical.
Under President Donald Trump, Republicans changed Senate rules to lower the filibuster threshold for Supreme Court nominees from its previous 60-vote threshold to a simple majority of 51 votes. Though the change was necessary to advance all three of Trump’s nominees—who faced nearly-unanimous opposition from Democrats—it leaves the majority party in almost complete control of the confirmation process.
With their majority again secured, Democrats remain solidly in control of the Senate.