Government Shutdown Update: Tuesday, October 28, 2025

The Senate voted on the continuing resolution (CR) H.R. 5371 for the thirteenth time today. The CR failed by a vote of 54-45. No members deviated from their previous votes.

The Administration

Vice President JD Vance met with GOP senators over lunch today to discuss government funding and tariffs. After the lunch, Vice President Vance told reporters that the White House had found a way to pay troops during the shutdown.

A federal judge with the U.S. District Court for the Northern District of California indefinitely extended her order barring the White House from firing federal workers during the government shutdown. This ruling invalidates the 4,000 layoffs of federal employees that had been scheduled to take effect on December 8.

The Trump Administration sent a memo to Congressional offices today predicting lower premiums and additional healthcare plans for Affordable Care Act (ACA) enrollees next year compared to pre-pandemic levels. The premiums would be, on average, $13 more than in 2025 but $20 less than the 2020 average. The memo asserted that the reconciliation bill expanded access to Health Savings Account (HSA) eligible plans. This messaging contradicts Democrats’ continued claims that healthcare is becoming increasingly unaffordable and expected to worsen if the ACA subsidies expire.

Democratic Strategy

Senate Minority Leader Chuck Schumer (D-NY) and House Minority Leader Hakeem Jeffries (D-NY) appear committed to their shutdown messaging. Many Democrats are proceeding with caution following yesterday’s statement from the American Federation of Government Employees (AFGE) urging passage of a clean CR. They have acknowledged the gravity of the AFGE’s statement but want to ensure that, if a deal is cut, workers remain protected from layoffs.

The firm’s Government Affairs and Public Policy (GAPP) group has received intel that November 7 could be a pivotal day for Democratic negotiations. After that date, the Senate will have one week before the scheduled Veterans Day recess and will then be out of session November 10 –14.

The proposed CR is set to expire on November 21, so if a mid-November deal is reached, there would not be enough time for Congress to carry out the full fiscal year 2026 appropriations process. In this case, a new CR with a later deadline would need to be approved by both the House and Senate.

Republican Strategy

GAPP intel from House Republicans suggests there could be some movement on negotiations this week. Members are beginning to feel pressure from their constituents with social programs running out of funding as the House remains out of session. Republicans who hail from competitive districts seem more receptive to ACA negotiations, but many still have provisions they are looking to change.

GOP Appropriators, led by Chair Susan Collins (R-ME), continue to push for movement on full-year appropriations bills. The Senate has already passed the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act; theAct; the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act; and the Legislative Branch Appropriations Act. The House passed its version of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act as well, which means there is an opportunity for the two Chambers to conference and pass the bill to the President for approval.

Pressure Points

The Supplemental Nutrition Assistance Program

The Supplemental Nutrition Assistance Program (SNAP) is set to run out of funding at the end of this week, affecting millions of low-income families across the country who rely on the benefits for food assistance. Today, Democratic attorneys general and governors from 25 states sued the Trump Administration for refusing to tap into emergency funds to keep the program running. The Trump Administration has $5 billion in emergency contingency funds, but the SNAP program would need close to $9 billion to fund November’s benefits. The Administration is arguing that it would take considerable time to distribute the money and using the funds would deplete resources for future emergencies.

Those involved in the lawsuit are calling for the U.S. Department of Agriculture (USDA) to use all available funds to keep SNAP benefits flowing and ensure low-income families have the food they need. Senator Susan Collins (R-ME) wrote a letter to the Secretary of Agriculture, Brooke Rollins, urging her and the Trump Administration to use the emergency funds for SNAP.

Several companies are offering free credits and discounts for low-income families who are SNAP recipients. The companies are donating meals to food banks, offering free delivery, waiving fees, issuing grocery credits, and discounting baby formula to help families adjust to a loss of benefits.

At this time, GOP leadership has indicated they have no plans to bring a standalone SNAP funding bill to the floor for a vote.

Air Traffic Controllers

Today, air traffic controllers missed their first full paycheck since the shutdown began. The National Air Traffic Controllers Association (NATCA) continues to advocate for an end to the shutdown. NATCA has also been distributing flyers at airports across the country, calling for the government to reopen and for air traffic controllers to stop being used as political bargaining chips. Department of Transportation Secretary Sean Duffy suggested that the Trump Administration does not have money available to pay air traffic controllers, so the responsibility falls on Congress to either reopen the government or pass legislation that resumes pay.

Small Businesses

A group of small business industry leaders (including the Family Business Coalition, International Franchise Association, Job Creators Network, National Association of Wholesaler-Distributors, National Restaurant Association, and the Small Business & Entrepreneurship Council) wrote a letter to lawmakers, demanding they pass a clean CR and reopen the government.

The Small Business Administration (SBA) released data in early October that showed 320 small business owners have lost $170 million in funding each day of the shutdown, resulting in more than $2.5 billion in losses to business owners.

Shutdown Bills Tracker

• Senators have introduced the following bills to help alleviate the impact of the government shutdown. The bills are intended to provide pay to federal workers and military members and fund crucial government programs. Each bill would need 60 votes to pass.
• Shutdown Fairness Act (S. 3012), introduced by Senator Ron Johnson (R-WI), was intended to pay essential employees and service members during the shutdown. The bill failed on October 23 by a vote of 55-44.
• True Shutdown Fairness Act (S. 3039), introduced by Senator Chris Van Hollen (D-MD), is intended to pay all essential and furloughed federal employees, service members, and government contractors during the shutdown, as well as prevent the Trump Administration from conducting reductions-in-force (RIFs).
• Military and Federal Employee Protection Act (S. 3043), introduced by Senator Gary Peters (D-MI), would appropriate funds to pay all essential and furloughed federal employees, service members, and government contractors the compensation they missed from October 1 to the date the bill is enacted. The bill ensures payment is received within one week of enactment.
• Pay Our Military Act (S. 3030), introduced by Senator Dan Sullivan (R-AK), would provide continuing appropriations for military pay for the length of the government shutdown.
• Keep America Flying Act (S. 3031), introduced by Senator Ted Cruz (R-TX), would provide continuing appropriations to pay air traffic controllers, the Transportation Safety Administration workers, and other essential Federal Aviation Administration employees.
• Keep SNAP Funded Act (S. 3024), introduced by Senator Josh Hawley (R-MO), would direct any unobligated funds from fiscal year 2026 from the USDA to fund SNAP during the government shutdown.
• Keep SNAP and WIC Funded Act, set to be introduced by Senator Ben Ray Luján (D-NM), would appropriate funds for SNAP and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) during the government shutdown.

If these bills receive bipartisan support, they have the potential to alleviate key pressure points such as SNAP funding, military salaries, and air traffic controller pay. Senator Dick Durbin (D-IL) predicted that the SNAP and air traffic controller bills would receive Democratic support, enabling passage. Many Republicans, however, including Senate Majority Leader John Thune (R-SD), have indicated that they are not interested in passing individual funding bills, emphasizing the need to reopen the entire government.

Senators Johnson and Van Hollen were working to combine their two shutdown funding bills to create bipartisan legislation, but Senator Johnson said he is unoptimistic about any compromise, suggesting that Democrats are not interested in supporting a package.

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.