WASHINGTON — When President Joe Biden steps down in January, some parts of his legacy will be secure, while others could be overturned by President-elect Donald Trump and the new Republican-controlled Congress.
The pieces of Biden’s legacy fall into four buckets. Trump could easily overturn executive actions on issues like immigration and transgender rights, while a Republican Congress could unveil spending programs passed by Democrats on a partisan basis. But it will be difficult for Trump to overturn bipartisan legislation like infrastructure measures and curbs on gun violence, and Biden-appointed judges cannot be removed from office.
Republican lawmakers told NBC News they expect Trump to quickly roll back many of Biden’s executive actions and use the GOP-controlled congressional budget process to roll back some spending measures, including parts of one of his administration’s signature achievements. Inflation Reduction Act.
Enforcement actions (most at risk)
In his nearly four years in office, Biden has taken executive action to keep migrant families together to protect border security and access to abortion, birth control and LGBTQ rights. His programs are forgiving billions of dollars federal student loan debt They face an uncertain future after Trump runs against them.
Biden’s immigration orders are ripe for Trump to target after running on a platform mass deportations and squeezing border security. In June, Biden signed an executive order temporarily suspended asylum requests after the average number of daily visits between official ports of entry exceeds 2,500, Trump may try to replace it with one of his ports. Same month, second Biden order undocumented spouses and children are allowed US citizens applying for legal status without leaving the country if they have lived in the US for 10 years or more.
Biden too took executive measures After the Supreme Court overturned Roe v. Wade, ensuring women’s access to reproductive health care while traveling across state lines for medical care, including abortions. And his leadership suggested rule just last month it would give women access to private insurance for over-the-counter birth control at no cost.
Sen. Kevin Cramer, RN.D., said he expects Trump to move “very quickly” to reverse Biden’s executive orders on issues like immigration and transgender rights, which he has tasked his administration to defend. Ordinance of 2022.
“The border legacy is an unsolved disaster,” Kramer said. “These are all issues that cost Kamala Harris the election. This is a disconnection from their party and real people.”
Spending and tax policy (under real threat)
Republicans are set to move quickly to craft a party-line bill that would expand Trump’s 2017 Tax Cuts and Jobs Act (TCJA) and undo some of Biden’s achievements, particularly provisions of the Inflation Reduction Act (IRA). The Consumer benefits on an IRA includes a $7,500 credit to purchase certain electric vehicles, home energy efficiency credits and Obamacare subsidies limit insurance premiums for many in the middle class people.
“Everything in the Inflation Reduction Act and America’s Rescue Plan Senator Thom Tillis, RN.C., member of the Finance Committee. he said. “Having said that, I believe there are policies out there that we need to look at on their merits. passed. But there are billions and billions of misspent dollars in both bills, and I will support their reauthorization to support TCJA 2025.
Sen. Shelley Moore Capito, RW.Va., who is in line to chair the Environment and Public Works Committee, said the IRA’s climate change provisions are the focus.
“The IRA is definitely something we will consider. Besides, I think the committee chairs are starting to get together to start discussing it.”
Sen. Tommy Tuberville, R-Ala., said Republicans may not extend Obamacare subsidies that expire next year.
“I don’t know about that,” he said.
Rep. Ben Cline, R-Va., said there will be no sacred cows when House Republicans try to cut spending.
“We will try to save where we can,” he said.
Bipartisan Biden-era accounts (mostly safe)
The parts of Biden’s legacy that will be relatively safe are the bipartisan laws he passed that are subject to filibusters, thus giving Democrats the power to protect them. GOP senators, including newly elected Majority Leader John Thune of South Dakota, insist that protect the legislative filibuster while they are in charge.
This includes achievements CHIPS and Science Law and infrastructure lawcreated jobs in local industry and construction projects; the Safer Communities Act modestly tighten gun laws; the Respect for the Marriage Act to codify legal same-sex marriage; postal service reform act; and overhaul Law on Counting of Elections to prevent a future presidential candidate from trying to use Congress to overturn the election.
“I’m sure they will come after the IRA. CHIPS And Science, I think is probably good because it was bipartisan,” said Sen. Angus King, I-Maine, who caucuses with Democrats.
Republicans will 52 or 53 votes in the SenateDepending on the outcome of a race in Pennsylvania goes to count again. It’s not clear that there will be any appetite for repealing recent bipartisan laws that some in their parties have crafted and supported. But even if they try, those measures are subject to a 60-vote barrier that Democrats will use to protect their gains.
“That’s what I’m hoping for,” King said.
Judges appointed by Biden (very safe)
The most secure part of Biden’s legacy is arguably the most important: the federal judges he appointed to the district courts and appeals courts and Supreme Court pick Justice Ketanji Brown Jackson.
Biden and the Democratic-controlled Senate have so far confirmed 215 judges, with a high share of former public defenders and civil rights activists, a unique slate of historical diversity in personal and professional backgrounds. Democrats are using the lame-duck session between now and Jan. 3 to boost that number.
All of the justices serve for life, meaning Trump and Republicans will not have the power to remove them.