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A case of COVID-19 and a possible winter storm slated to hit the nation’s capital over the weekend forced Senate Democrats to give up their plans to begin debate on a package of two voting rights bills and a push to change the filibuster rules.

Senate Democrats, led by Majority Leader Chuck Schumer (D-NY), had hoped to be on the floor Monday debating the filibuster and its hindrance to passing voting rights. That debate would have been symbolic since it coincided with Martin Luther King Jr. Day, the national holiday commemorating the civil rights hero's life. 

Instead, Schumer adjourned the Senate Thursday night and will bring the chamber back into session beginning Tuesday. Next week was to be a recess week. But that recess will now take place the following week. 

Along with the potential storm, Sen. Brian Schatz (D-HI) on Thursday announced that he tested positive for COVID-19, which requires him to quarantine for at least five days. His absence meant that Democrats would be one vote short of the 50 they needed, plus Vice President Kamala Harris's tie-breaking vote, to begin debate on the package.

Focus on voting rights came as Sen. Jacky Rosen (D-NV) led four Democratic colleagues in a sharply worded letter dated Thursday calling on the White House to answer questions on what they are doing to address the shortage of at-home COVID-19 tests. The letter comes as Clark County schools are closed for five days amid a staff shortage related to the surge in cases in Nevada. The rise was sparked by the highly contagious Omicron variant and the letter contends the White House should have been better prepared.

Voting rights/filibuster

Republicans oppose the voting package and will likely block the bill when it comes up for a vote in the Senate, where it will come up short of the 60 votes needed to overcome a filibuster. 

Despite the Democratic push for a Senate rules change — including President Joe Biden meeting with all Senate Democrats Thursday — it's unlikely that Senate Democrats have the 50 votes needed to change the filibuster so that their voting rights measure would pass. 

While both Sen. Catherine Cortez Masto (D-NV) and Rosen back the voting package and a filibuster change, Sen. Joe Manchin (D-WV) and Sen. Kyrsten Sinema (D-AZ) remained opposed to significant changes to the filibuster, such as lowering the 60 vote threshold. 

Sinema gave a speech on the Senate floor Thursday reiterating her position. Manchin also stood his ground on the issue when asked by reporters. Without their backing, it's unclear what Senate Democrats can do concerning the chamber rules or passing voting rights. 

In a brief interview heading into the Biden meeting, Cortez Masto said that the debate and vote are essential to get her colleagues on the record on where they stand, including those in her party. 

“I think it is worth talking about the need to restore the Senate,” Cortez Masto said. “It’s not just voting rights, it’s other essential legislation. The American public deserves to know why it’s not moving. The American public deserves to know that there is work being done to try to restore the Senate to bring back that debate to bring back that transparency and talk about the issues that are important for this country.”

The House approved the package on a party-line 220 to 203 vote Thursday.

The measure consists primarily of two voting rights bills. One, known as the Freedom to Vote Act, would require all 50 states to offer early voting periods for at least two weeks before Election Day; allow universal mail-in voting; and allow a wide range of identification and alternatives for states requiring voter identification. Nevada instituted universal mail in voting for the 2020 election and has since made it permanent. The state also extended early voting and has no voter identification requirement.  

The other, known as the John Lewis Voting Rights Advancement Act, would re-establish the criteria used to determine which, primarily Southern, states must get permission from the federal government to change voting procedures. In a 2013 ruling, the Supreme Court invalidated the previous formula, so no states have received extra scrutiny intended under the 1964 voting rights law. 

In a press release, Rep. Mark Amodei (R-NV) said that the package is another partisan exercise that would enable "the federal takeover of elections," which he believes states and localities should handle.

“This is the fifth time in two years that Democrat leadership has flipped the bird at states’ constitutional authority to run their own elections,” Amodei said, adding that while he has issues with the Nevada Legislature’s recent move to establish universal mail-in voting, he believes it was the state’s prerogative to do so. 

Rep. Steven Horsford (D-NV), who also holds the number-two spot in the Congressional Black Caucus, praised House passage of the voting measure in a press release. He also lauded the inclusion of the Native American Voting Rights Act in the package, which would give tribes a greater say over the number and locations of voter registration sites, drop boxes and polling locations on tribal lands, and authorizing tribal ID cards for voting purposes.

U.S. attorney nomination

The Senate Judiciary Committee on Thursday approved the nomination of Democratic Assembly Speaker Jason Frierson to be U.S. attorney for Nevada. The 22-member panel—currently split evenly between Democrats and Republicans to reflect the full Senate— voted by voice, with Sen. Marsha Blackburn (R-TN), Sen. Ted Cruz (R-TX), Sen Josh Hawley (R-MO) and Sen. Mike Lee all requesting to be recorded as ‘no’ votes. 

Hawley’s office said the Missouri Republican “is not confident Frierson is the right person to vigorously enforce criminal laws and clean up the streets.” 

The offices of Blackburn, Cruz and Lee did not immediately return requests for comment. The nomination now goes to the full Senate. Biden nominated Frierson in November. 

Nuclear waste

The U.S. Department of Energy acknowledged that it has sent nuclear waste to Nevada from Idaho, the AP reported Thursday. 

The admission came after Rep. Dina Titus (D-NV) wrote a letter dated Monday to Energy Secretary Jennifer Granholm seeking details about the Nevada National Security Site (NNSS) shipments.

“All offsite wastes shipped to and disposed at the NNSS are handled safely and securely and must meet all applicable federal and state regulations as well as the rigorous NNSS Waste Acceptance Criteria,” the DOE told the AP Tuesday.

Nord Stream 2

Cortez Masto and Rosen were among the six Senate Democrats who voted for a bill introduced by Cruz to sanction entities responsible for planning, constructing or operating the Nord Stream 2 natural gas pipeline between Russia and Germany. The bill needed 60 votes to pass, but failed 55 to 44.

Cortez Masto has voiced concerns about Russia's aggression, particularly about the country’s potential invasion of Ukraine, where they have recently amassed troops. On Monday, she told CNN that she planned to support the bill. 

“I think we need to be strong in support of Ukraine against Russian interference and aggression quite honestly,” she said. “I've been consistent in my positions all along."

The White House opposed the bill. State Department officials are trying to coordinate a response with European allies if Russia invades Ukraine and the bill would tie the White House's hands.

Others who voted for the measure included Sen. Mark Kelly (D-AZ), Sen. Maggie Hassan (D-NH) and Sen. Raphael Warnock (D-GA), who all face tough re-election bids this cycle. 

Rosen echoed Cortez Masto’s rationale for backing the bill. 

“Bringing this pipeline online strengthens Vladimir Putin’s hand and endangers Ukraine’s security, and with 100,000 Russian troops at Ukraine’s border, we must stand up to Russian aggression now,” she said in a statement. 

Bridge money

Cortez Masto and Rosen announced that the state received $45 million for bridge repair from the bipartisan infrastructure package signed into law in November. The state will allocate the funds to various projects, including widening and lengthening the Tropicana Avenue bridge over I-15 in Las Vegas and improving on and off ramps in the Reno/Sparks Spaghetti Bowl, the senators said.  

Reid in Rotunda

Biden and congressional leaders paid their respects to Sen. Harry Reid in a ceremony on Wednesday in the U.S. Capitol Rotunda. 

For a full rundown of the measures the delegates supported or opposed this week, check out The Nevada Independent’s congressional vote tracker and other information below.

SEN. CATHERINE CORTEZ MASTO

Legislation sponsored:

S.3475 – A bill for the relief of Cesar Carlos Silva Rodriguez.

SEN. JACKY ROSEN

Legislation co-sponsored:

S.3497 – Medical Student Education Authorization Act of 2022

S.3488 – A bill to counter the aggression of the Russian Federation against Ukraine and Eastern European allies, to expedite security assistance to Ukraine to bolster Ukraine's defense capabilities, and to impose sanctions relating to the actions of the Russian Federation with respect to Ukraine, and for other purposes.

REP. DINA TITUS

Legislation co-sponsored:

H.R.6397 – To amend the Public Health Service Act to establish a grant program to award grants to public institutions of higher education located in a covered State, and for other purposes.

H.R.6396 – To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to hazard mitigation plans, and for other purposes.

H.R.6387 – To amend the Homeland Security Act of 2002 to establish a school security coordinating council, and for other purposes.

H.R.6377 – Free At-Home Tests for All Act

H.R.6373 – To amend the Public Health Service Act to prohibit the Director of the National Institute of Allergy and Infectious Diseases from conducting or supporting research that causes significant pain or distress to a dog, and for other purposes.