The U.S. Senate passed legislation Monday to reopen the government, bringing the longest shutdown in history closer to an end, as a small group of Democrats ratified a deal with Republicans despite searing criticism from within their party.
The 41-day shutdown could last a few more days as members of the House of Representatives, which has been on recess since mid-September, return to Washington to vote on the legislation. President Donald Trump has signaled support for the bill, saying Monday that "we're going to be opening up our country very quickly."
The final Senate vote, 60-40, broke a grueling stalemate that lasted more than six weeks as Democrats demanded that Republicans negotiate with them to extend health care tax credits that expire Jan. 1. The Republicans never did, and five moderate Democrats eventually switched their votes as federal food aid was delayed, airport delays worsened and hundreds of thousands of federal workers continued to go unpaid.
House Speaker Mike Johnson urged lawmakers to start returning to Washington "right now," given shutdown-related travel delays, but an official notice issued after the Senate vote said the earliest the House will vote is Wednesday afternoon.
"It appears our long national nightmare is finally coming to an end," said Johnson, who has kept the House out of session since mid-September, when the House passed a bill to continue government funding.
After weeks of negotiations, a group of three former governors – New Hampshire Sen. Jeanne Shaheen, New Hampshire Sen. Maggie Hassan and Independent Sen. Angus King of Maine – agreed to vote to advance three bipartisan annual spending bills and extend the rest of the government funding until late January. Republicans promised to hold a vote to extend the health care subsidies by mid-December, but there was no guarantee of success.
Shaheen said Monday that "this was the option on the table" after Republicans had refused to budge.
"We had reached a point where I think a number of us believed that the shutdown had been very effective in raising the concern about health care," she said, and the promise for a future vote "gives us an opportunity to continue to address that going forward."
The legislation includes a reversal of the mass firings of federal workers by the Trump administration since the shutdown began on Oct. 1. It also protects federal workers against further layoffs through January and guarantees they are paid once the shutdown is over.
In addition to Shaheen, King and Hassan, Democratic Sen. Tim Kaine of Virginia, home to tens of thousands of federal workers, also voted Sunday in favor of moving forward on the agreement. Illinois Sen. Dick Durbin, the No. 2 Democrat, Pennsylvania Sen. John Fetterman and Nevada Sens. Catherine Cortez Masto and Jacky Rosen also voted yes. All other Democrats, including Senate Democratic leader Chuck Schumer of New York, voted against it.
The moderates had expected a larger number of Democrats to vote with them, as 10 to 12 Democratic senators had been part of the negotiations. But in the end, only five switched their votes – the exact number that Republicans needed. King, Cortez Masto and Fetterman had already been voting to open the government since Oct. 1.
Schumer, who received blowback from his party in March when he voted to keep the government open, said he could not "in good faith" support it after meeting with his caucus for more than two hours on Sunday.
"We will not give up the fight," Schumer said, adding that Democrats have now "sounded the alarm" on health care.
Independent Sen. Bernie Sanders of Vermont, who caucuses with the Democrats, said giving up the fight was a "horrific mistake." Sen. Chris Murphy, D-Conn., agreed, saying that voters who overwhelmingly supported Democrats in last week's elections were urging them to "hold firm."
House Democrats swiftly criticized the Senate.
Texas Rep. Greg Casar, the chairman of the Congressional Progressive Caucus, said a deal that doesn't reduce health care costs is a "betrayal" of millions of Americans who are counting on Democrats to fight.
Others gave Schumer a nod of support. House Democratic leader Hakeem Jeffries had criticized Schumer after his vote in March. But he praised the Senate Democratic leader on Monday and expressed support for his leadership throughout the shutdown.
"The American people know we are on the right side of this fight," Jeffries said Monday, pointing to Tuesday's election results.
It's unclear whether the two parties would be able to find any common ground on the health care subsidies before a promised December vote in the Senate. House Speaker Mike Johnson, R-La., has said he will not commit to bringing it up in his chamber.
On Monday, Johnson said House Republicans have always been open to voting to reform what he called the "unaffordable care act," but again did not say if they would vote on the subsidies.
Some Republicans have said they are open to extending the COVID-19-era tax credits as premiums could skyrocket for millions of people, but they also want new limits on who can receive the subsidies. Some argue that the tax dollars for the plans should be routed through individuals.
Senate Appropriations Committee Chairwoman Susan Collins said Monday that she's supportive of extending the tax credits with changes, like new income caps. Some Democrats have signaled they could be open to that idea.
"We do need to act by the end of the year, and that is exactly what the majority leader has promised," Collins said.
Other Republicans, including Trump, have used the debate to renew their yearslong criticism of the law and called for it to be scrapped or overhauled.
In a possible preview, the Senate voted 47-53 along party lines Monday not to extend the subsidies for a year. The majority Republicans allowed the vote as part of a separate deal with Democrats to speed up votes and send the legislation to the House.
