constitutional amendment

WASHINGTON — Senators unanimously approved a resolution Thursday to withhold their pay during government shutdowns, an attempt to make federal closures financially painful for lawmakers after a string of record-breaking impasses in the past year.

The bipartisan support for the measure comes at a time when federal closures have become longer and more frequent, frustrating lawmakers who say there should be punishment when Congress fails at its most basic legislative duty.

Under the resolution, senators’ pay would be withheld by the secretary of the Senate whenever a government shutdown affects one or more agencies, then released once funding is restored. It will take effect the day after the Nov. 3 general election.

“Shutting down government should not be our default solution to our refusal to work out our issues and our differences,” said Sen. John Kennedy, the bill’s sponsor, in a floor speech Wednesday.

“This is about putting our money where our mouth is,” said Kennedy, R-La.

Two shutdowns in the past year created significant financial hardship for tens of thousands of federal workers, particularly at the Department of Homeland Security. The department reopened last month after a 76-day partial shutdown, the longest agency funding lapse in history.

The Homeland Security shutdown came just a few months after a 43-day lapse of the entire federal government, which was the longest such closure on record.

The Constitution stipulates that lawmakers must be paid so they have received salaries during shutdowns even as federal workers went without paychecks. When the full government shutdown began in October amid a dispute over health care subsidies, Sen. Lindsey Graham proposed a constitutional amendment to require members to forfeit their paychecks when the government is closed.

“If members of Congress had to forfeit their pay during government shutdowns, there would be fewer shutdowns and they would end quicker,” Graham, R-S.C., said at the time.

Graham said his legislation was the most “constitutionally sound” way to deal with the problem, but the process would have been much more laborious as three-fourths of states must ratify an amendment.

Lawmakers in previous shutdowns have often pledged to forgo their paychecks while federal workers went unpaid.

Kennedy told reporters Wednesday that he pushed his measure to ensure there is “shared sacrifice” during shutdowns. He added that it does not go as far as he would like, but that it’s a start.

Asked why it does not extend to the other chamber of Congress, Kennedy said “the House’s business is the House’s business” while also touching on the tensions between the Senate and House.

“There’s a very strong undercurrent of animosity among some of my friends in the House,” Kennedy said.

“It’s quickly becoming like two kids fighting in the back of a minivan,” he said.

Cappelletti and Jalonick write for the Associated Press.

WASHINGTON — Democrats on Monday filed an emergency appeal with the U.S. Supreme Court seeking to halt a Virginia ruling invalidating a ballot measure that would have given their party an additional four winnable U.S. House seats.

The move came after the Virginia Supreme Court on Friday struck down a constitutional amendment that voters narrowly passed just last month. The 4-3 state court decision found that the Democratic-controlled legislature improperly began the process of placing the amendment on the ballot after early voting had begun in Virginia’s general election last fall.

Democrats argued unsuccessfully that the U.S. Supreme Court has held that, even if early voting is underway, an election does not happen until election day itself.

The appeal is the latest twist in the nation’s mid-decade redistricting competition. It was kicked off last year by President Trump urging Republican-controlled states to redraw their lines and was supercharged by a recent Supreme Court ruling severely weakening the Voting Rights Act.

“The Court overrode the will of the people who ratified the amendment by ordering the Commonwealth to conduct its election with the congressional districts that the people rejected,” wrote lawyers for Virginia Democrats and Democratic state Atty. Gen. Jay Jones. “The irreparable harm resulting from the Supreme Court of Virginia’s decision is profound and immediate.”

The filing is a sign of Democratic desperation after the Virginia decision. Democrats are still favorites to recapture the U.S. House of Representatives, but their GOP rivals have claimed to have gained more than a dozen seats through redistricting. The voter-approved Virginia map would have partly offset that.

Democrats are taking a legal long shot in asking the justices to reverse the Virginia court’s ruling. The Supreme Court tries to avoid second-guessing state courts’ interpretations of their own constitutions. In 2023, it turned down a request by North Carolina Republicans to overrule a state Supreme Court decision that blocked the GOP’s congressional map.

Politically, the appeal could help a party struggling to compete with Republicans in the unusual mid-decade redrawing of congressional boundaries by providing fodder for election-year messaging about a partisan Supreme Court. The court recently allowed Louisiana Republicans to proceed with redistricting after the justices struck down a majority Black district as an unconstitutional racial gerrymander.

Democrats have been set on their heels because, days after the Virginia ballot measure passed, the Supreme Court’s conservatives reversed decades of rulings and in effect neutered the Voting Rights Act, paving the way for Southern states to eliminate some majority Black districts and further pad Republican margins in Congress.

The Virginia amendment had been launched long before that ruling. It was intended as a response to Republican gains in Texas, Missouri, North Carolina and Ohio, and to blunt a new map in Florida that just became law. Once the Virginia amendment passed, it briefly turned the nationwide redistricting scramble into a draw between the two parties.

That was unraveled by the Virginia Supreme Court’s decision. The justices are appointed by the legislature, which has flipped between the two parties in recent decades, and the body is generally not seen as having a clear ideological bent.

Whitehurst writes for the Associated Press.