Government Shutdown Update: Tuesday, October 21, 2025

The Senate did not vote on the continuing resolution (CR) today. A twelfth CR vote is expected for tomorrow, as well as a vote on the Shutdown Fairness Act (S. 3012), intended to pay essential federal employees.

Democrats are expected to filibuster the Shutdown Fairness Act, and Senator Catherine Cortez-Masto (D-NV), who has continuously voted for the House-backed CR, said she is unsure how she will vote on the bill. Senator Chris Van Hollen (D-MD) has indicated he is drafting an alternative bill to pay federal employees.

President Trump met with Senate Republicans over lunch today. Senator Rand Paul (R-KY) was not present at the lunch. Senate Minority Leader Chuck Schumer (D-NY) and House Minority Leader Hakeem Jeffries (D-NY) said they have reached out to President Trump about negotiating a healthcare deal and reopening the government.

Shifts in GOP Priorities on the Affordable Care Act (ACA)

Republicans are reportedly engaged in behind-the-scenes discussions on the best path forward for ACA extensions, while continuing to publicly state that no deal will be reached until the government reopens. One option reportedly being considered is attaching an updated subsidy framework to a small bipartisan package of full-year funding bills or a long-term CR and having it run through early next year. Another option is linking a two-year extension of scaled-back subsidies, along with other conservative healthcare policies, to the annual spending bills. Democrats have indicated interest in an independent bill that only addresses the healthcare subsidies.

While many Republicans are open to ACA extensions, most are looking to change the subsidy framework through income caps, minimum out-of-pocket premiums, or pausing new member enrollment.

Speaker of the House Mike Johnson (R-LA) is facing increased pressure from House Republicans to address ACA subsidy extensions. A group of 13 House Republicans wrote a letter urging Speaker Johnson to prioritize healthcare affordability when the government reopens. The letter stated that, “Allowing these tax credits to lapse without a clear path forward would risk real harm to those we represent.” They also expressed support for Speaker Johnson and the Trump Administration’s leadership during the shutdown, while advocating for a commitment to providing healthcare to those who need it.

Representatives Marjorie Taylor Greene (R-GA) and Kevin Kiley (R-CA) have also expressed frustrations with Republican leadership for failing to prioritize healthcare negotiations during the shutdown.

Reductions-in-Force (RIFs)

The Department of Health and Human Services (HHS) recently rescinded 28 layoffs, bringing the total number of shutdown layoffs down to 954. Of those originally laid off at HHS, 362 have been protected by a judge’s temporary order blocking the layoffs from proceeding.

Past updates can be found on the DLA Piper website here.

If you have any questions or would like to coordinate an individual conversation about the shutdown’s effects or about the Government Affairs & Public Policy practice, please contact practice chair Karina Lynch at karina.lynch@us.dlapiper.com.