Government Shutdown Update: Tuesday, November 4, 2025

The Senate voted on the House-passed continuing resolution (CR) for the fourteenth time today. The CR failed by a vote of 54-44. No members deviated from their previous votes, and Senators Cory Booker (D-NJ) and Thom Tillis (R-NC) did not vote. At 35 days, the government shutdown is now officially tied for the longest shutdown in U.S. history.

Today is Election Day. The outcomes of the New Jersey and Virginia gubernatorial elections are critical, as they may influence shutdown negotiations. The New York mayoral race is also likely to effectuate strong messaging from both parties.

Senate Republicans have been invited to a breakfast meeting taking place tomorrow morning at the White House. This could be an inflection point, in which President Trump and Republicans members construct a solution for reopening the government that can then be presented to Democrats. If the Senate comes to a compromise, Speaker of the House Mike Johnson (R-LA) has indicated that he is prepared to bring the House back in session within 48 hours to vote. The firm’s Government Affairs and Public Policy (GAPP) group has received intel that a solution could be presented this week.

What is happening in Congress?

Senate Democrats are becoming increasingly interested in Senate Majority Leader John Thune’s (R-SD) proposal to hold a vote on extending Affordable Care Act (ACA) subsidies upon reopening the government. Senators Gary Peters (D-MI), Katie Britt (R-AL), Jeanne Shaheen (D-NH), Susan Collins (R-ME), Maggie Hassan (D-NH) and Mike Rounds (R-SD) have been engaging in across the aisle discussions to reach an agreement. There are also reports that several Republican senators have told Democrats that they would be interested in extending the subsidies. Senator Thune has stated that if an ACA subsidy extension vote takes place, it will need 60 votes to pass.

The Senate, nevertheless, has continued to vote down the current CR, and a new CR will be necessary to ensure the government is open past November 21. If a new CR is proposed, it would need to be approved by the House as well.

Senator Thune has suggested that an appropriations minibus, consisting of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriation Act (S. 2256); the Legislative Branch Appropriations Act (S. 2257); and the Military Construction, Veterans Affairs and Related Agencies Appropriation Act (H.R. 3944), could be attached to a new CR. Senator Thune indicated that he would be willing to keep the Senate in session past Friday if a deal is close to being reached. There are still debates as to how long the new CR will last, with Democrats pushing for December, while Republicans advocate for January. Senate Appropriations Committee Chair Susan Collins (R-ME) has called for a December 19 deadline.

Senator James Lankford (R-OK) has expressed concern that if the shutdown continues, federal employees may see interruptions in their health insurance. In a letter to the Director of the Office of Personnel Management (OPM), Senator Lankford questioned OPM’s ability to continue funding the Federal Employee Health Benefits (FEHB) program if agencies are no longer contributing to the funds due to the shutdown.

What is the Administration doing?

The Department of Transportation announced today that it may be forced to shut down airspace in certain parts of the country if the shutdown continues into next week. Secretary Sean Duffy warned there are simply not enough controllers to manage air traffic, and mass cancellations should be anticipated. Air traffic controllers are set to miss their second full paycheck next week.

Several military associations sent a letter to House and Senate leaders urging them to open the government, citing that “troops and military readiness are beginning to suffer.” The letter was signed by the Air & Space Forces Association, the Association of the United States Army, the Marine Corps Association, the National Guard Association of the United States, the Reserve Organization of America, and the Enlisted Association of the National Guard of the United States.

The Supplemental Nutrition Assistance Program (SNAP)

Today, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) issued guidance to state and regional SNAP directors in response to a federal court decision mandating the use of $5 billion in emergency funds. The guidance directed administrators to reduce SNAP recipients’ maximum allotment by 50 percent to account for the limited availability of SNAP funds for the month of November. Department of Agriculture Secretary Brooke Rollins stated that, “This will be a cumbersome process, including revised eligibility systems, state notification procedures, and ultimately, delayed benefits for weeks.”

Following the release of the guidance, President Trump posted on Truth Social that SNAP will only be funded after the shutdown ends; however, White House Press Secretary Karoline Leavitt later told the press that the White House would be “fully complying” with the court’s orders to fund SNAP.

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.