Lame Duck Senate Could be More GOP

The Wall Street Journal today points out an important reality: At least three Republican senators would be seated immediately if they are elected in November. And that's a fact the GOP candidates are spotlighting in their campaigns with the argument that they can help stop lame-duck legislating by Democrats.

The traditional process for elections is this: Voters pick their candidates on (or, if there is early voting, before) Election Day in November, and then the candidates who win get sworn in as part of the new Congress in January.

But this year is different for a number of senators. In West Virginia, for example, the winner in the midterm elections will immediately be seated to replace deceased Senator Robert Byrd. The winners in Illinois and Delaware - who are seeking the former seats of the president and vice president, respectively - will also be seated immediately. (Republicans are also pushing for the winner in the Colorado Senate race to be seated right after the election.)

On his website's homepage, Republican Mark Kirk, who is seeking the Illinois seat, warns supporters to "beware the lame duck Congress!" He makes the argument that his election would slow down lame-duck legislation in the video above.

The Senate is expected to deal with extending the Bush tax cuts and could potentially take up other issues - including the repeal of the military's "don't ask, don't tell" policy and controversial "card check" and immigration legislation - during the lame duck session. The more Republicans there are, the easier it will be for the GOP to filibuster Democratic efforts on those fronts. (The Democratic Party presently controls 59 seats, one less than they need to overcome a filibuster.)

For example, on "don't ask, don't tell," moderate Republican Sen. Susan Collins may well support a repeal bill after the midterms, since her opposition to the measure last week was procedural - she suggested that she ultimately wants the policy to be repealed. If Collins votes with Democrats, it would give them the 60 votes they need to break a filibuster and pass the legislation. But if there are more Republicans in the chamber after the midterms, Collins' vote may not make a difference, and the repeal legislation could remain stalled.

Republicans have warned Democrats not to push legislation during a lame-duck session, something they suggest would amount to going against the will of the American people. Democrats call the suggestion that they plan to push major legislation during the lame duck session a scare tactic that doesn't reflect reality. Senate Majority Leader Harry Reid, meanwhile, isn't commenting on what he will or will not bring to the floor after November 2nd.