Government Shutdown Update: Monday, October 20, 2025

This evening, the Senate voted for the eleventh time on the House-passed continuing resolution (CR) H.R. 5371. The bill failed by a vote of 50-43. No members deviated from their previous votes.

Senate Majority Leader John Thune (R-SD) has expressed interest in calling the House back into session to vote on a new CR. With November 21, the end date for the pending CR, approaching, Congress may need to tee up a new CR that would extend funding on a revised timeline. Senator Thune voiced concerns that, as the shutdown continues, Congress loses valuable time that could be spent working to fund the government through the standard appropriations process.

President Trump is scheduled to host Senate Republicans for lunch at the White House Rose Garden tomorrow. The lunch illustrates the increased need for a forum for Republicans to talk with the President. At a time when Congress is uniquely driven by the Administration, senior appropriators, including Senators Susan Collins (R-ME) and Jerry Moran (R-KS), have expressed that they are growing uncomfortable with the Administration’s decisions to move funds without Congressional input or approval.

The Road to Resolution: Dates to Watch

As the shutdown stretches into late October, we’ve identified upcoming dates that could be significant factors in reaching a resolution.

October 24

Kevin Hassett, director of the National Economic Council, has indicated to CNBC that the shutdown could be over by the end of this week. He suggested that, now that the weekend’s No Kings protests have ended, moderate Democrats may be willing to vote to open the government. He acknowledged, however, that if the government does not reopen, President Trump and Russell Vought, Director of the Office of Management and Budget (OMB), will have to look at “stronger measures…to bring [Democrats] to the table.”

On October 22, the Senate is set to vote on the Shutdown Fairness Act (S. 3012), introduced by Senator Ron Johnson (R-WI) to pay essential employees during the government shutdown. This bill would ensure that the military is paid, as well as certain other federal employees. Speaker of the House Mike Johnson (R-LA) has indicated that, if the bill passes the Senate, he would be willing to bring the House back in session to hold a vote. Speaker Johnson noted that he is skeptical the bill will pass, as the Democrats are expected to filibuster.

The firm’s Government Affairs and Public Policy (GAPP) group received a copy of a letter that House Minority Leader Hakeem Jeffries (D-NY) sent to the Democratic Caucus on Friday, October 17. The letter outlines several district-based events this week in which he encouraged House Democrats to participate. The events will continue to highlight the effects that a healthcare premium increase will have on constituents’ safety and affordability. This suggests that Democrats are not retreating from their efforts to obtain a healthcare deal.

Federal employees are set to miss their first full paycheck on October 24. Senator Tim Kaine (D-VA) said “it’s a factor” that impacts decisions surrounding the government shutdown. Senator Kaine represents Virginia, one of the states with the highest number of federal workers in the country, so this issue is likely to be top of mind for him.

It is also important to note that air traffic controllers will soon miss their first paycheck, and they are a group that has been especially salient during past shutdowns. Reports indicate that the Trump Administration is looking for ways to pay air traffic controllers, but there have been no official statements to that effect from the White House, OMB, or Federal Aviation Administration.

October 31 and November 1

On November 1, Affordable Care Act (ACA) open enrollment begins, and potential enrollees will be hit with much higher premiums. November 1 falls on a Saturday, so all eyes are equally on October 31 as a potential tipping point for lawmakers. There is potential for Democrats to allow the shutdown to go past November 1 to stress the urgency of the situation if premium increases are allowed to go into effect. Consumers will see the downstream impacts of the subsidies not being extended, and the impact on constituents could then be measurable. This may make a Democrat return to the negotiating table more likely.

While the Trump Administration was able to find a temporary solution for paying the military last week, the next military pay is October 31, and it is unclear if there is a plan for ensuring troops receive a paycheck.

The Supplemental Nutrition Assistance Program (SNAP), also known as food stamps, will also be impacted beginning November 1 if the shutdown continues. While some states have indicated they have some amount of carryover funding to last them at least into the beginning of November, Pennsylvania, Texas, West Virginia, Minnesota, Illinois and others have stated that November benefits cannot be paid. Approximately 42 million people are expected to be affected by a lapse in food stamps.

Meanwhile,134 Head Start programs across the country, serving 58,627 children, will begin to see temporary closures if the shutdown is not resolved before November 1.

Thanksgiving

The GAPP group has received intel from a Republican office suggesting that, if the shutdown does not end by November 1, it may last until Thanksgiving, which falls on November 27. At that point, federal workers will have been working without pay for nearly two months, and there will be the added pressure of the holiday season and travel.

The pending House-backed CR would fund the government until November 21, the Friday before members are scheduled to recess for Thanksgiving. If the shutdown continues well into November, lawmakers may need to consider drafting an entirely new CR with an adjusted timeline that could fund the government. If that does not happen and the shutdown lasts until the November 21 deadline, the Senate would need to write a new CR at that point. A new piece of legislation would require the House to return for a vote.

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.