What midterm elections will mean for federal enforcement

Most commentors on the midterm elections are properly focusing on issues of international significance and on the very nature of our democracy. The narrower focus here will be on how election outcomes may affect the workplace.

Senate

Although history and tradition indicate the party not in power should prevail in a midterm election, the races for the Senate make it difficult to adhere to past outcomes. At a time when the president continues to be unpopular and the nation and its economy are hobbled by inflation, war, and an energy crisis, the normal expectation would be for something approaching a landslide victory for Republicans, but few predict such an outcome.

Even Mitch McConnell has complained about the “quality” of a number of Republican candidates for the Senate as weakening his party’s chances. Many of the targets of his complaint have espoused the “stolen election” platform and have run backward-looking campaigns. But as gas prices and food costs rise, a Republican takeover of the Senate is still likely. What would that mean for enforcement of workplace laws and regulations?

The main impact would be to make Joe Biden’s nominees even harder to confirm, which would make enforcement more uncertain. A number of important positions, particularly those affecting workplace policy, are still pending. A Republican victory may galvanize the Democrats to push through nominees during the “lame-duck” session of Congress, or it may stiffen Republican opposition.