Senate Clears First Hurdle to End 40‑Day Shutdown as Appeals Court Orders Full November SNAP Payments
In a 60–40 Sunday night cloture vote, the U.S. Senate advanced a compromise to reopen the federal government through January 30, 2026—an inflection point that splits Democrats over expiring Affordable Care Act subsidies and sets up a high‑stakes December health‑care vote. Hours later, the First Circuit denied the administration’s bid to halt full November SNAP benefits, intensifying pressure on negotiators to resolve the shutdown’s cascading human and operational costs. (Reuters: https://www.reuters.com/world/us/us-senate-advances-bill-end-federal-shutdown-2025-11-09/; Washington Post: https://www.washingtonpost.com/politics/2025/11/10/snap-payments-ruling-first-circuit/) [1]
- Key vote: Senate invoked cloture 60–40 to proceed to H.R. 5371, the stopgap plan with three full‑year appropriations bills. (Senate roll call: https://www.senate.gov/legislative/LIS/roll_call_votes/vote1191/vote_119_1_00610.htm) [2]
- What’s in: back pay, reversal of shutdown‑related layoffs through Jan. 30, and a December vote commitment on ACA premium tax credits. [3]
- What’s out (for now): immediate extension of ACA subsidies—sparking a public rift among Democrats. (Guardian: https://www.theguardian.com/us-news/2025/nov/10/us-government-shutdown-update-senate-funding-bill) [4]
- Courts: First Circuit backs full November SNAP disbursements; Supreme Court deadlines loom if the administration seeks a stay. [5]
What the Senate’s Sunday Vote Actually Did
The Senate agreed to proceed to an amended version of H.R. 5371, extending government funding to January 30, 2026, while folding in three full‑year appropriations measures (including Agriculture and Veterans Affairs). The 60 votes secured the threshold to defeat a filibuster; final passage still requires another Senate vote before heading to the House, then the President. (Roll call and bill context: Senate.gov; Reuters) [6]
The Political Trade: ACA Subsidies Deferred, December Vote Promised
To land 60 votes, GOP leaders agreed to schedule a December vote on renewing enhanced ACA premium tax credits that expire December 31—central to Democrats’ shutdown strategy—but stopped short of including the extension in this week’s vehicle. That deal line won support from a bloc led by Sens. Maggie Hassan, Jeanne Shaheen, and Angus King, over the objections of most Democratic leaders. (Reuters; Guardian; Washington Post overview of the split) [8]
“It looks like we’re getting very close to the shutdown ending,” President Trump said before Sunday’s vote, while also reiterating preference for “direct payments” over ACA subsidies. (Reuters) [9]
Legal Pressure Point: Appeals Court Orders Full November SNAP
On Monday morning, after the First Circuit upheld a district court order requiring full November SNAP payments, Justice Ketanji Brown Jackson set rapid‑fire deadlines for the administration to indicate whether it will seek a further stay. The ruling cited “overwhelming evidence of widespread harm” if benefits were curtailed amid the shutdown, affecting tens of millions. (Washington Post: https://www.washingtonpost.com/politics/2025/11/10/snap-payments-ruling-first-circuit/) [10]
SNAP impact
42 million rely on SNAP; states began loading cards as federal direction whipsawed over the weekend. Court says full benefits must go out as ordered. [11]
Air travel strain
Shutdown‑driven staffing shortages triggered cuts and delays—one driver pushing senators toward a deal ahead of Thanksgiving. [12]
Union pressure
NTEU and AFGE pressed Congress to guarantee back pay and block shutdown RIFs; the Senate package pauses layoffs through Jan. 30. (NTEU; WaPo) [13]
Next steps
Final Senate passage, House consideration, and the President’s signature. Senate record confirms cloture on H.R. 5371. [14]
Where the Parties Stand Right Now 🗳️
| Position | Republican Leadership | Democratic Leadership | Deal‑Making Democrats/Allies |
|---|---|---|---|
| Immediate goal | Reopen first; debate ACA subsidies in December. [15] | Tie reopening to immediate ACA subsidy extension. [16] | Accept reopening now with guaranteed December vote. [17] |
| Federal workforce | Back pay, pause layoffs to Jan. 30 in this bill. [18] | Back pay + stronger anti‑RIF protections. (NTEU) [19] | Back pay/pause layoffs acceptable if paired with a healthcare vote. [20] |
| SNAP benefits | Administration sought partial payments; courts ordered full. [21] | Full payments and quick reopening. [22] | Use court rulings to accelerate legislative deal. [23] |
How We Got to 60: The Senate Math and Mechanics
Roll‑call reality
The official Senate roll call records a 60–40 vote to invoke cloture on the motion to proceed to H.R. 5371 at 8:27 p.m. on Sunday, November 9. That unlocked the Senate floor for amendment and final passage this week, barring procedural delays. (Senate.gov) [24]
Who cut the deal
Negotiations coalesced around Sens. Shaheen, Hassan, and King, whose willingness to defer the ACA subsidy decision to a date certain (second week of December) broke a weeks‑long impasse. The compromise still faces resistance from House Democrats and some Senate progressives. (Reuters; Guardian) [25]
What’s at Stake in December’s Health‑Care Vote 📊
Without action, the enhanced ACA premium tax credits lapse on December 31, with analysts warning of sharp 2026 premium hikes. Senate Republicans promised a December vote, but House leadership has not committed to floor time—turning Sunday’s deal into a gambit that reopening now creates political and procedural space to pass the subsidy extension later. (Reuters; Guardian) [26]
Quotes to Watch
“After 40 long days, I’m hopeful we can bring this shutdown to the end.” — Senate Majority Leader John Thune, after the cloture vote. (Guardian) [27]
“This healthcare crisis is so severe … I cannot in good faith support [a bill] that fails to address [it].” — Senate Minority Leader Chuck Schumer, opposing the package. (Guardian) [28]
Key Takeaways and Implications
Shutdown endgame
Procedurally, the Senate has a viable path to pass the package this week. The House reaction—particularly among Democrats—is the immediate wild card. [29]
Legal leverage
The First Circuit’s SNAP ruling raises the political costs of delay by compelling full benefits in November—diminishing the administration’s bargaining leverage on partial payments. [30]
Intraparty fissures
Democratic leaders are betting that holding out for an immediate ACA fix extracts better terms; moderates argue reopening first improves optics and negotiating room. [31]
Federal workforce
Back pay and a pause on layoffs address urgent worker needs; unions will keep pressing for statutory guardrails against weaponizing shutdown RIFs. [32]
Bottom Line ⚖️
The Senate’s 60‑vote cloture breakthrough is the first credible offramp in 40 days, but the compromise’s political durability hinges on two tests: (1) whether House leaders accept a reopen‑now, vote‑later promise on ACA subsidies, and (2) whether the administration escalates the SNAP case to the Supreme Court in the next 24 hours. Each path carries risks, but together they frame the narrow corridor through which Congress must steer to restore normal government operations before the shutdown’s damage deepens. [33]
References
- Reuters, “US Senate advances bill to end federal shutdown” (Nov. 9–10, 2025): https://www.reuters.com/world/us/us-senate-advances-bill-end-federal-shutdown-2025-11-09/ [34]
- Senate Roll Call Vote on H.R. 5371 cloture (Nov. 9, 2025): https://www.senate.gov/legislative/LIS/roll_call_votes/vote1191/vote_119_1_00610.htm [35]
- The Guardian, “Senate advances funding bill to end longest‑ever US government shutdown” (Nov. 10, 2025): https://www.theguardian.com/us-news/2025/nov/10/us-government-shutdown-update-senate-funding-bill [36]
- Washington Post, “Appeals court denies Trump effort to halt full SNAP benefits for November” (Nov. 10, 2025): https://www.washingtonpost.com/politics/2025/11/10/snap-payments-ruling-first-circuit/ [37]
- Washington Post, “Late‑night Senate deal opens path to ending shutdown but splits Democrats” (Nov. 9–10, 2025): https://www.washingtonpost.com/politics/2025/11/09/shutdown-senate-proposal/ [38]
- NTEU blog updates and statements on back pay and shutdown RIFs (Oct.–Nov. 2025): https://www.nteu.org/blog/2025/10/07/ShutdownUpdate; https://www.nteu.org/blog/2025/11/07/ShutdownBill [39]
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