Democrats will keep a slender majority within the Senate for not less than the following two years, in response to the outcomes from this week’s elections.

Precisely what number of seats Democrats finally will maintain will depend on the outcomes of the Georgia runoff elections, set for December 6. However with Sen. Catherine Cortez Masto’s win in Nevada, Democrats now maintain 50 seats. Meaning, on the very least, the steadiness of energy will stay the identical as it’s now, with Vice President Kamala Harris serving as a tie-breaker. Ought to the celebration prevail in Georgia, they’ll have ended the midterms with a internet achieve of 1 seat.

“This election is a victory; a victory and a vindication for Democrats, our agenda, and for America and the American individuals,” Senate Majority Chief Chuck Schumer mentioned in a victory speech in New York Saturday night. “There are three issues that helped [Democrats] safe the bulk: One, our terrific candidates; two, our agenda and our accomplishments; and three, the American individuals rejected the anti-democratic, extremist, MAGA Republicans.”

Democrats’ wins within the higher chamber come as Republicans seem poised to retake the Home, a scenario that may arrange a break up Congress, and certain see standoffs over must-pass payments like funding the federal government and growing the debt ceiling. Ought to Democrats management one chamber whereas Republicans management the opposite, the chance of extra bold laws passing is exceedingly slim. There’s a very slender path for Democratic victory within the Home, however even when the celebration retains its majority there, having tiny margins in each chambers would in all probability mood their coverage ambitions.

It doesn’t matter what occurs within the Home, Democrats’ Senate majority preserves the celebration’s pivotal capacity to proceed confirming judges and govt nominees, together with any theoretical choose for the Supreme Courtroom. That’s a vastly vital energy — which may have implications for many years — regardless of the restrictions lawmakers will doubtless face in relation to laws.

What can Democrats do with their Senate majority?

If the GOP wins the Home, as appears doubtless, the principle factor Democrats can proceed to deal with is confirming judicial nominees, roles which might be particularly essential for the celebration to fill after Republicans sought to stack the courts of their favor throughout the Trump administration.

“The principle distinction between a break up Congress and one managed by Republicans fully could be Biden’s capacity to fill judicial and different vacancies,” says Kyle Kondik, managing editor of Sabato’s Crystal Ball on the College of Virginia.

In response to Demand Justice, a progressive advocacy group centered on the courts, there are 118 federal judicial vacancies that also should be crammed, together with 62 that don’t but have a nomination. Over the following two years, Democrats could make essential progress on these vacancies: Within the first two years of President Joe Biden’s administration, they’ve already confirmed 84 judges in complete, together with Supreme Courtroom Justice Ketanji Brown Jackson. Biden’s nominees have included extra girls, extra individuals of coloration, and extra public defenders than his predecessors, a pattern that Democrats may proceed within the new time period.

And that’s not the one profit: Conserving the Senate majority additionally signifies that Democrats would nonetheless set their very own flooring agenda and have the ability to reject payments authorised by a GOP-led Home. Democrats could have extra leverage on points like authorities funding, for instance, because the Senate will have the ability to craft its personal model of those payments. Plus, upper-chamber leaders may make sure that hearings and committee time aren’t used on investigations of Biden and different members of his administration, a key prerogative of a Republican-controlled Home.

Relying on the investigations a GOP-controlled Home decides to place forth, Senate Democrats may additionally attempt to keep away from any impeachment pushes that come out of the decrease chamber. “The Home may go forward and vote to question, however there’s some ambiguity about whether or not or not the Senate is compelled to carry a trial,” mentioned George Washington College political science professor Sarah Binder.

Ought to Democrats preserve the Home — a state of affairs that’s more and more unlikely, however not inconceivable — their slender majorities in each chambers would in all probability power them to cross most laws via reconciliation (except the celebration determined to finish the filibuster, one thing many Democratic senators have been against prior to now). Targets for reconciliation may embrace enhancements to the Inexpensive Care Act, new local weather rules, in addition to little one care, instructional, and tax insurance policies that didn’t make it into Democrats’ Inflation Discount Act.

Typically, a Democratic Senate majority signifies that even when they will’t cross main laws ought to Republicans have management of the Home, they will proceed to make use of the Senate for essential nominations, and for countering makes an attempt by the Home to extend scrutiny on the Biden administration and power spending fights over routine payments.

Replace, November 12, 10:25 pm ET: This story has been up to date to incorporate feedback from Senate Majority Chief Chuck Schumer.