The shutdown is over - but the fighting isn’t

Summary of The shutdown is over - but the fighting isn’t

by KCRW

50mNovember 14, 2025

Overview of Left, Right & Center — "The shutdown is over — but the fighting isn’t"

This KCRW episode (Left, Right & Center) convenes host David Greene with Mo Alethi (left, Georgetown University) and Sarah Isger (right, The Dispatch) to unpack the end of the 43‑day federal shutdown, the political fallout, and the battles that are likely to follow — chiefly the fate of Affordable Care Act (ACA) subsidies, the politics of presidential pardons, the Supreme Court’s refusal to revisit Obergefell, and what recent off‑cycle elections signal about voter energy heading into future contests.

Key takeaways

  • Congress passed a short continuing resolution (CR) to end the 43‑day shutdown: funding restored for three months, with some agencies (Agriculture/SNAP, VA) funded for a year. ACA subsidies were not extended in the deal.
  • A bipartisan group of eight moderate Democratic senators joined Republicans to reopen the government; the move split Democratic opinion (Bernie Sanders criticized it; Senator Jeanne Shaheen defended it).
  • The next major fight will likely be over extending ACA subsidies — Democrats hope to press Republican leaders to act, but House leadership control complicates the path.
  • The conversation also covered presidential pardons (Trump pardoning January 6 figures), proposals to reform the pardon power (requiring Senate advice and consent), and anxieties about norms and institutional breakdowns.
  • The Supreme Court declined to revisit Obergefell (same‑sex marriage); panelists explain why stare decisis and reliance interests make reversal unlikely.
  • Off‑cycle election margins in Virginia, New Jersey and New York showed strong Democratic turnout and organizational effectiveness — signals of Democratic energy but not guarantees for 2026.

Detailed breakdown of topics discussed

Shutdown end — what was passed and why it matters

  • Deal details: short CR funding overall through end of January; certain departments funded longer (Agriculture/SNAP and VA funded for a year); no ACA subsidy extension included.
  • Political dynamics: eight moderate Democratic senators crossed with Republicans to end shutdown — pragmatic argument (travel disruptions, SNAP withholding, pressure on furloughed workers) vs. progressive critique that Democrats conceded without getting the policy they fought over.
  • Immediate consequence: the government reopens, but the subsidy fight remains unresolved and could reemerge quickly.

ACA subsidies: central political and policy fight ahead

  • Democrats made extension of ACA cost‑sharing/reinsurance subsidies central to their pressure strategy; Republicans repeatedly said they would not authorize them.
  • Panelists argued the post‑shutdown focus should be: secure the ACA subsidies in Congress (or make political Republicans accountable if premiums double).
  • Republicans have an unused messaging opportunity: argue that Republicans never supported ACA and Democrats now expect them to pay for subsidies they opposed — but the party has not coherently articulated a replace plan.

Political accountability, messaging, and leadership dynamics

  • Division within Democrats: progressives (e.g., Bernie Sanders) wanted to keep pressure; moderates argued reopening was necessary and the next fight is over subsidies.
  • Pressure on Democratic leaders (Chuck Schumer) for not keeping caucus unified — panelists note leadership is strained in a rapidly changing political environment where norms of intra‑party discipline are weaker.
  • Comments on Trump and messaging: Trump’s control over messaging and unconventional approaches change calculus for Republicans and opponents.

Pardons, transparency and proposed reform

  • Discussion of Trump’s pardons for January 6 participants (and pardons generally): critics argue abuse of pardon power, especially when used preemptively and for political allies.
  • Proposed fix: require presidential pardons to receive Senate advice & consent (would be constitutional amendment territory) — would create hearings and reduce unilateral pardons for political allies.
  • Related concern: Epstein‑related files and the White House’s handling of investigative materials; panelists worried about guardrails being off.

Supreme Court and Obergefell

  • The Court declined to revisit Obergefell (same‑sex marriage). Panelists explain, legally:
    • Stare decisis and reliance interests weigh heavily — Obergefell created significant reliance across individuals and institutions.
    • Dobbs (Roe overturn) had different reliance dynamics; conservatives signaled more willingness to overturn Roe than Obergefell.
    • Congress also passed the Respect for Marriage Act (2022), adding statutory protection and further diminishing the practical threat of a nationwide reversal.
  • Politically, anxiety after Dobbs about the Court’s next moves was real; the decision not to take Obergefell provided temporary relief but did not erase broader concerns about norms.

Election signals and predictions

  • Recent off‑cycle races (VA, NJ, NY): Democrats scored big margins and turnout, showing organizational strength and voter concern about affordability.
  • Panelists’ read: these results indicate Democratic energy and effective turnout/organizing, but they caution that one year is a long time — results are promising but not determinative for 2026.
  • Practical lesson: margins (not just wins) and down‑ballot strength are useful predictors of energy and organization.

Notable quotes and lines

  • Bernie Sanders: “This was a very very bad vote.” (expressing progressive anger at moderates who voted to end the shutdown)
  • Sen. Jeanne Shaheen: staying in shutdown “was not getting us anywhere…train their fire on the people who are responsible” (Republicans and Trump).
  • Mo Alethi: “When it comes to shutdowns…there has never been a political cost.” (skepticism that prolonged shutdowns reliably punish the party seen as responsible)
  • Sarah Isger (paraphrase): Republican rhetorical line unpursued — “You want us to vote for subsidies for a law we never voted for?” (framing Democrats’ strategy as politically vulnerable)

Action items / recommendations mentioned

  • For Democrats: pivot quickly to securing ACA subsidy extensions or force a clear House vote so political accountability is on the record.
  • For voters/activists: focus on organizing, turnout, and targeted campaigning (early voting operations and data collection shown effective in recent off‑cycle races).
  • For reformers: consider institutional fixes for pardon power (constitutional amendment requiring Senate advice & consent was proposed by panel) — long, difficult route, but suggested as a solution to perceived abuse.

Other highlights and lighter notes

  • Listener question: how to use recent election ratios to predict midterms — panelists say margins and turnout patterns matter as indicators of energy and organization, though they caution against overconfidence about future cycles.
  • Rants & raves:
    • Sarah Isger announced her forthcoming book Last Branch Standing (on the Supreme Court).
    • Mo recommended the Netflix miniseries Death by Lightning and the book Destiny of the Republic (about President James A. Garfield).

Bottom line

The immediate government shutdown crisis ended pragmatically, but the core policy and political fights remain unresolved — most notably over ACA subsidies and broader questions about institutional norms (pardons, judicial direction). Recent elections gave Democrats encouraging signals about turnout and organization, but political volatility and weakened norms mean next fights will likely be intense and unpredictable.