Eyes on Washington: Shutdown Briefing – Day 31

Welcome to the Eyes on Washington: Shutdown Briefing. During the federal government shutdown, we will be sharing concise, client-focused updates to help you stay informed on key developments, legislative dynamics and potential impacts to your operations and federal engagement.

Breaking News

With November 21 three weeks away, lawmakers soon will be forced to extend the end date for legislation to keep the government open. Republican leaders are considering a continuing resolution (CR) that would stretch sometime between mid-January and March 2026.

Judge Indira Talwani of the U.S. District Court for the District of Massachusetts said she will likely force the Trump Administration to use $5 billion from U.S. Department of Agriculture contingency funds to pay for November's Supplemental Nutrition Assistance Program (SNAP) benefits, though a final ruling has not been announced. The program costs about $8 billion monthly. The administration likely would appeal an adverse ruling.

The administration located $111 million to extend Essential Air Service (EAS) operations serving rural and remote airports until November 18. Funds were set to expire this week. The administration has not stated where it found the money.

Status Update

Today marks Day 31 of the federal government shutdown. Negotiations on reopening the government remain stalled.

Congressional Activity

• Democratic Leadership: Remains unified in calling for a renewal of Affordable Care Act (ACA) subsidies. As November 1 approaches, Democrats are hoping that as Americans see the increased cost of their healthcare premiums, Republicans will be pressured to renew the subsidies.
• Republican Leadership: U.S. Senate Majority Leader John Thune (R-S.D.) has remained firm that he will not advance a rules change to eliminate the filibuster. Doing so would allow Republicans to pass a funding bill without Democratic support.
• Senate Engagement: With the Senate adjourned until November 3, the shutdown will likely extend until then, but bipartisan talks will continue behind closed doors. The U.S. House of Representatives canceled votes it had scheduled for that day.

Executive Branch Developments

• Presidential Engagement: President Donald Trump called on Senate Republicans to invoke the "nuclear option" by changing Senate rules and scrapping the previously mentioned filibuster to end the government shutdown without Democratic support.
• Troop Pay: Vice President JD Vance confirmed to reporters that the administration has found a way to pay members of the military on October 31 but did not provide further details.
• SNAP and Women, Infants, and Children (WIC) Funding: Two dozen states have filed suit in federal court seeking to force the administration to fund food aid programs once current allocations expire at midnight October 31 using contingency funds in its control.

Key Milestones Ahead

• Today Through November: WIC may begin to experience funding shortfalls.
• October 31: House staff have missed their paychecks, but Pentagon workers will receive theirs. Members of Congress will continue to receive pay throughout the shutdown.
• November 1: The ACA open enrollment period begins. Participants may see premiums increase significantly. The House-passed CR does not include an extension of ACA tax credits, which are set to expire at the end of the year.
• November 4: Off-year gubernatorial elections are held in Virginia and New Jersey.
• November 5: The government shutdown will become the longest in history, beating a 35-day record set during President Trump's first term.
• November 7: Non-exempt federal employees will have worked one month without pay.
• November 15: Military payday.

Strategic Considerations for Clients

• Agency Engagement: Clients should anticipate delays in regulatory reviews, permitting and federal communications.
• Contracting and Grants: Federal contractors may experience payment disruptions and limited access to agency personnel.
• Policy Positioning: The shutdown may create new leverage points in legislative negotiations. Clients with interests in appropriations, healthcare, defense and infrastructure should monitor developments closely.

Contact Us

Holland & Knight will continue to provide updates throughout the shutdown. For tailored guidance or strategic briefings, please contact one of our Public Policy & Regulation Group members below.

Todd Wooten
Dimitrios J. Karakitsos
Karl R. Koch
Sara E. Peters
Dennis S. Potter
Elizabeth Leoty Craddock

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.