Defense Secretary nominee Pete Hegseth's confirmation hearing is becoming a test of will for Republicans on ensuring FBI files aren't distributed throughout the entire Senate.

Why it matters: The Trump transition team is demanding that the president-elect's nominees be treated the same way they insist Joe Biden's were.

• That means no FBI background check access for rank-and-file senators, according to two people familiar with the matter.
• Senate Armed Services chair Roger Wicker (R-Miss.) and ranking member Jack Reed (D-R.I.) have been briefed on the report. Others have not.
• A member of the Trump transition sat in on the FBI background briefing on Hegseth's file, a source familiar told Axios. The senators weren't given a copy of the file. They also weren't allowed to take notes or pictures.

Zoom in: Wicker privately raised the idea of letting his full committee see Hegseth's file, but Trump officials are opposed to sharing it, according to a person familiar with the matter.

• The Trump team wants to hold the line on having a consistent standard for all nominees.
• Look for them to fight any effort to release Hegseth's file, even if Wicker says there's not much of interest.

Zoom out: Minority Leader Chuck Schumer and Senate Dems are huddling tonight on how to respond, as Axios scooped earlier on Monday.

• Democrats admit the precedent is on the GOP's side. But they say the nature of Hegseth's nomination — including allegations of sexual misconduct that he's denied — at least deserves a conversation.
• "We should all be able to see the report and draw our own conclusions about how incomplete it is and even in the modest amount it covers, how much damage it does to Mr. Hegseth," Armed Services committee member Elizabeth Warren (D-Mass.) told Axios.

Editor's note: This article has been updated with details on the background briefing.

Senate Minority Leader Chuck Schumer (D-N.Y.) and Democrats on the Armed Services Committee will huddle Monday amid a standoff over Defense Secretary nominee Pete Hegseth, Axios has learned.

Why it matters: Only one top Senate Democrat has read Hegseth's FBI background check since it was given to Congress last week. His confirmation hearing begins on Tuesday morning.

• Paperwork delays meant the background checks and other materials for top Trump nominees were given to lawmakers late. Democrats have pushed for the reports to be available to all members before the hearings.
• Sen. Jack Reed (D-R.I.), the panel's top Democrat, met with Hegseth last week. Reed said the meeting did not relieve his concerns about Hegseth's nomination.
• Hegseth's hearing is the party's first shot to carry out the demands handed down by Schumer — skewer Trump's nominees and the MAGA brand.

Zoom in: The background report on Hegseth is particularly important given allegations of sexual assault and financial mismanagement of a nonprofit group.

• Republican senators at the time said the allegations were concerning and wanted more details about the complaints.
• Hegseth has denied wrongdoing.

The big picture: Schumer has been intimately involved in his caucus' prep for the confirmation hearing showdowns. For him, and for Democrats, the stakes are high.

• "Republicans spent four years attacking the Democratic brand and we need to use the hearings to begin returning the favor," Schumer told top Democrats in a private meeting in early January.
• The background check issues will likely rear their head in the hearings. Schumer has criticized Republicans for "rushing" the nomination hearings of nominees like Hegseth.

Senate Minority Leader Chuck Schumer (D-N.Y.) is privately pressing his senators to create fireworks when they question President-elect Trump's nominees in the coming weeks, Axios has learned.

Why it matters: "Republicans spent four years attacking the Democratic brand and we need to use the hearings to begin returning the favor," Schumer told his top committee Democrats in a meeting on Wednesday afternoon.

• Schumer told the Democratic caucus in a lunch on Tuesday that they should grill Trump nominees on the MAGA agenda, and what they say it means for the American people.

The big picture: Schumer reminded senators that they have an opportunity to seize the narrative from a GOP that is convinced the public is on its side on the economy, the border and cultural issues.

• The combative strategy is also an indication that Schumer has decided that there's more political upside in challenging the MAGA movement than finding common ground with it.

What to watch: Expect Democrats to zero in on some of Trump's most high profile nominees as they come through the Senate over the next few weeks.

• That includes the likes of Pete Hegseth, Trump's pick to lead the Pentagon, and RFK Jr., the GOP nominee for HHS.

Senate Democrats are forcing a delay in Tulsi Gabbard's confirmation hearing next week, claiming she hasn't provided required vetting materials — while Republicans accuse them of playing games, Axios has learned.

Why it matters: It's the first taste of what's expected to be a drama-filled few weeks as the Senate takes up some of President-elect Trump's most controversial Cabinet picks.

• Sen. Mark Warner (D-Va.), the vice chair of the Senate Intelligence Committee, is balking at GOP requests to hold a hearing for Gabbard early next week, according to multiple sources familiar with the conversations.
• Gabbard, a former member of the House, is Trump's pick for national intelligence director.
• Warner has pointed out that the committee has not yet received Gabbard's FBI background check, ethics disclosure or a pre-hearing questionnaire, a source familiar with the matter told us. Committee rules require the background check a week in advance of a hearing.

The other side: Gabbard completed the background check process last week, according to a source working with the nominee. Her active security clearance also means the process will be expedited.

• Gabbard submitted an initial pre-hearing questionnaire and intends to submit a second on time and was given a Thursday deadline, the source said.
• Another source familiar said the ethics disclosures have been delayed for multiple nominees due to the snow and other logistics but are expected to come through soon.

Between the lines: Either way, without the materials or sign off from Democrats, the hearing for one of Trump's most vital national security officials could be pushed to late next week — if not the week following.

• Intel Committee Chairman Tom Cotton (R-Ark.) "intends to hold these hearings before Inauguration Day," a spokesperson told Axios. "The Intelligence Committee, the nominees, and the transition are diligently working toward that goal."
• "After the terrorist attacks on New Year's Eve and New Years Day, it's sad to see Sen. Warner and Democrats playing politics with Americans' safety and our national security," Trump transition spokesperson Alexa Henning told Axios in a statement, adding the nominee is willing to meet with every committee member.

The details: Committee rules hold that a confirmation hearing cannot be held until seven days after the panel receives "background questionnaire, financial disclosure statement, and responses to additional pre-hearing questions."

• That gives the Gabbard and the transition team just a couple days if the committee wants to easily set up a hearing for next week.
• Cotton could bypass that rule with a majority vote of the panel. But it would be a rare step for a committee that has long prided itself on bipartisanship.

The big picture: Gabbard is still making the rounds with Senate Democrats before the hearing and is scheduled to meet with Warner today.

• Gabbard will also meet with Sens. Mark Kelly (D-Az.) and Angus King (I-Maine) later this week, per a source. She has already met with Sen. Jon Ossoff (D-Ga.) — all members of the intelligence panel.

Editor's note: This story has been corrected to note Sen. Tom Cotton of Arkansas is a Republican (not a Democrat).

Hill leaders are setting up the first votes of the 119th Congress this week — on a bill at the center of a heated political debate over illegal immigration.

Why it matters: The expected votes in both chambers on the Laken Riley Act make clear Republicans plan to keep hitting the border issue — putting pressure on vulnerable Democrats trying to find their post-election footing.

Driving the news: The House will vote Tuesday on the bill, which requires the detention of undocumented immigrants who commit certain nonviolent crimes such as theft, according to a House leadership aide.

• Senate Majority Leader John Thune began the process to allow a vote on the Senate version of the bill — likely on Friday, a senior Senate GOP aide confirmed.
• The bill is named after a nursing student who was murdered last year by an undocumented immigrant who had previously been arrested on theft charges.

What they're saying: "I am thrilled that we're going to get moving," Sen. Katie Britt (R-Ala.) told us about the bill, which she introduced in the Senate last year.

• Britt anticipates the bill will get Democratic votes "if they're being honest about what we need to do to protect Americans."

What to watch: The bill already passed the House in 2024 with bipartisan support. It will need to pass the House again as it's a new Congress.

• Expect the bill to pick up Democrats in the Senate — though it's not clear it will be enough to overcome the 60-vote filibuster.
• Two House Democrats who voted in favor of the bill last year are now in the Senate — Sens. Ruben Gallego (D-Ariz.) and Elissa Slotkin (D-Mich.).

At least one other Trump-state Democrat is expected to vote in favor, according to a source familiar.

• Sen. Jon Ossoff (D-Ga.) — Riley's home state senator — is up for reelection in 2026. Ossoff told us he would "carefully consider any legislation that comes to the floor of the Senate."

The bottom line: The Democratic support highlights the new reality for the party, which is still reeling from their 2024 losses.

• Democrats have been forced to move right on the immigration issue in particular, and are already signaling their willingness to work across the aisle on measures to secure the border.

House Minority Leader Hakeem Jeffries (D-N.Y.) has privately floated embracing the wholesale elimination of the debt limit next year rather than simply raising it, Axios has learned.

Why it matters: President-elect Trump will almost certainly need Democratic votes when the debt limit's "X-date" is reached — which experts say could be as soon as mid-June.

• Republicans have a significant bloc of debt and deficit hawks who will likely vote against raising the debt ceiling under any circumstances.
• That gives the Democratic leader considerable leverage to use the debt limit to force concessions.

State of play: House Democrats ruled out touching the debt ceiling as part of the government funding negotiations.

• When the funding fight is wrapped up, Jeffries has said, his party may engage with Trump's demand that the debt ceiling be done away with, according to a senior Democratic lawmaker and two other sources familiar with the matter.

Zoom out: Trump stunned Capitol Hill on Thursday by vowing to "lead the charge" to abolish the debt ceiling as part of a government funding bill.

• Democrats opted for formal opposition to the idea — with many arguing it would simply be a blank check for Trump's tax cuts.
• But scrapping the debt ceiling is a proposal many in the party have long embraced — and some Democrats like Rep. Don Beyer (D-Va.) and Sen. Elizabeth Warren (D-Mass.) couldn't help but endorse Trump's stipulation.

What we're hearing: Rep. Brendan Boyle (D-Pa.), Jeffries' leader on the House Budget Committee, has been telling colleagues "all week" that they should push for the elimination of the debt limit, a House Democrat told Axios.

• Boyle introduced a bill with dozens of his House Democratic colleagues last year to allow the Treasury Department to keep paying down the federal debt unless a veto-proof majority of Congress votes to stop them.
• He told Axios: "I believe 2025 is the time to permanently end the perennial debt ceiling dysfunction. I have been advocating for my Debt Ceiling Reform Act, which would end the debt ceiling as we know it."

Zoom in: Eliminating the debt limit has also been discussed amongst Senate Democrats, with Warren raising the issue in private caucus meetings this week, per sources.

• Warren will become the top Democrat on the influential Senate Banking Committee next year, shaping the caucus' messaging on fiscal fights next year.

Yes, but: Trump would likely have trouble with his own side and face pressure to back off eliminating the debt ceiling if he pursues it.

• Nearly 40 Republicans voted with Democrats against a government funding bill on Thursday that included a two-year debt limit extension.
• That vote came even after Trump's potent threat of primary challenges against Republicans who defy him.

The bottom line: One senior Democratic aide told Axios that Elon Musk's involvement in spending negotiations had poisoned the well and that the party was focused on averting a government shutdown.

• If that is done, the aide said, the party would engage in discussions about how to address the debt limit.

Senate Majority Leader Chuck Schumer (D-N.Y.) confirmed his 235th federal judge on Friday, breaking the record set by Republicans under the first Trump administration.

Why it matters: It's the most confirmations in a single term since the Carter administration and the end of the line for Democratic judicial nominees for at least four years.

• Schumer confirmed 22 federal judges in the Senate's lame-duck session. It was his top priority before leaving power.
• Schumer and Democrats beat the GOP record from the first Trump administration by just one judge.

The big picture: The 235 confirmations set a new benchmark that President-elect Trump and incoming Senate Majority Leader John Thune (R-S.D.) will undoubtedly try to best.

• Schumer confirmed many of the judges with a bipartisan coalition of votes. He had just a one-seat majority for the last two years of the Biden administration.
• Thune will have more wiggle room in his first two years as leader, with a majority of three seats.

A small, bipartisan group of senators have been quietly sketching out a possible new border deal for early 2025, Axios has learned.

Why it matters: Border and immigration reform is the white whale of Congress. It's also President-elect Trump's No. 1 priority.

• Top Senate Republicans plan to move quickly on a border package, using the budget reconciliation process to get it done.
• But the idea of a bipartisan border deal that could get 60 votes has popped up as GOP infighting drags on over the best path forward in Trump's first 100 days.

Zoom in: At least two Trump-state Democrats have been involved in the conversations, which Sen. Markwayne Mullin (R-Okla.) described as "very" serious and the details "very secret."

• "If we can do border separately — without reconciliation — then [Trump's] okay with" one reconciliation package, Mullin, who's been a key link between Trump, the Senate and the House, told Axios.
• Sen. Mark Kelly (D-Ariz.) is one of those Democrats.: "If there's willingness to work in a bipartisan way to do some stuff, not only on border security, but on immigration reform, I think it would be great."
• Sen. Gary Peters (D-Mich.), who is up for reelection next cycle, told Axios of the bipartisan border talks: "We're gonna be certainly engaged in efforts to make that happen."
• "There are all kinds of conversations — and I hope to be a part of them as they continue — aiming at comprehensive immigration reform," Sen. Richard Blumenthal (D-Conn.) said.

Between the lines: Politics have shifted on the border, with many Democrats — especially in states Trump won — moving to the right and embracing stricter enforcement measures to stem illegal border crossings and drug smuggling.

• Trump may have further made an opening by suggesting he would be willing to provide protections for DACA recipients —people who illegally entered the country as children.
• "We have to do something about the Dreamers because these are people that have been brought here at a very young age," Trump said in an interview earlier this month.
• That has long been the top immigration priority for Democrats.

Flashback: It was just last year that another bipartisan border deal was being hashed out by Sens. James Lankford (R-Okla.), Kyrsten Sinema (I-Ariz.) and Chris Murphy (D-Conn.)

• Despite serious concessions from both sides, the bill failed on the floor — in part because Trump wanted to campaign on the issue and didn't want to give Biden a win.
• Reconciliation could allow Senate Republicans to pass budget-related border measures with just 50 votes, rather than having to meet the 60-vote filibuster threshold. But there are limits on what they could do.

What to watch: There seems to be even more Democrats who would be willing to join conversations about a bipartisan border package.

• Sen. Jacky Rosen (D-Nev.), who — along with Trump — won in her state this year, told us she'd "like to be part of those conversations."
• Sen. Ben Ray Lujan (D-N.M.) said conversations about a bipartisan border deal wouldn't surprise him, saying "we've been clear as Democrats in the Senate that we're willing to work with our Republican colleagues to solve this problem."
• Sen. John Fetterman (D-Pa.) also said he would support such a move. "I've been very clear that we need a secure border, absolutely... but also, I read that the President-elect even discussed protecting through DACA."

Senate Majority Leader Chuck Schumer (D-N.Y.) will unveil on Wednesday his list of Senate Democrats who get top committee positions, Axios has learned.

Why it matters: These Senate Democrats will Schumer's top lieutenants to fight against Republican nominees and legislative priorities starting next year.

• Ranking members are the top member of the minority party on each committee, giving them a prominent voice in the resistance against the majority's platform.
• There are new faces for Schumer on prestigious panels like Banking, Foreign Relations and Energy.

The assignments:

• Sen. Amy Klobuchar, Agriculture
• Sen. Patty Murray, Appropriations
• Sen. Jack Reed, Armed Services
• Sen. Elizabeth Warren, Banking
• Sen. Maria Cantwell, Commerce
• Sen. Martin Heinrich, Energy
• Sen. Sheldon Whitehouse, Environments and Public Works
• Sen. Ron Wyden, Finance
• Sen. Jeanne Shaheen, Foreign Relations
• Sen. Bernie Sanders, Health, Education, Labor and Pensions
• Sen. Gary Peters, Homeland Security
• Sen. Mark Warner, Intelligence
• Sen. Dick Durbin, Judiciary
• Sen. Kirsten Gillibrand, Aging
• Sen. Jeff Merkley, Budget
• Sen. Maggie Hassan, Joint Economic
• Sen. Alex Padilla, Rules
• Sen. Ed Markey, Small Business
• Sen. Richard Blumenthal, Veterans' Affairs
• Sen. Chris Coons, Ethics
• Sen. Brian Schatz, Indian Affairs

Senate Majority Leader Chuck Schumer (D-N.Y.) has two to go to beat GOP leader Mitch McConnell's (R-Ky.) record on confirming judges.

• Schumer plans to confirm those two lifetime appointment judges this week, surpassing McConnell's 234 during the first Trump administration.

Why it matters: Schumer's final confirmations are the Democratic Party's final shot at confirming their own nominees for at least four years.

• Schumer has moved 20 judicial nominees through the Senate during the lame duck session.
• Schumer had a one-seat majority for the last two years of the Biden administration.
• Vice President Harris voted seven times to break a tie in the chamber over a judicial nominee.

Schumer cut a deal in November with top Senate Republicans to not move forward on four nominees who lacked the support to be confirmed.

• In exchange, Republicans stopped dragging out procedural votes that Schumer needs in order to confirm nominees.

Congressional leaders Tuesday unveiled legislation to keep the government funded until March 14, unleashing a mad dash to pass the bill by the end of the week.

Why it matters: House Speaker Mike Johnson's (R-La.) next challenge is to find a way to ram the bill through the chamber while facing heat from his right flank over his handling of the government funding negotiations.

• The bill includes around $100 billion in disaster relief, a one-year extension of the farm bill and provisions restricting U.S. investments in China.
• It also includes a provision that would allow the NFL's Washington Commanders to return to the RFK Stadium site, as well as sweeping health care reforms, the details of which we reported earlier Tuesday.
• The stopgap bill sets up a government funding fight right at the end of President-elect Trump's first 100 days in office, adding to an already-full plate awaiting lawmakers next year.

The big picture: The package includes wins for both Republicans and Democrats.

• The mid-March end date for the short-term bill gives Republicans the opportunity to control funding levels for the second half of fiscal 2025.
• The billions in disaster relief is a win for Democrats and Republicans in states affected by hurricanes this year — President Biden submitted a request for the funding last month. The package also includes $10 billion in economic aid for farmers.
• The restrictions on investments in China are a bipartisan win, and all four corners of congressional leadership wanted to see it make the funding bill. It was pulled out of the year-end defense authorization package last week.

The bottom line: Time is running short. Current funding runs through Dec. 20.

The spending stopgap bill being negotiated by Congress will fund the government until March 14, 2025, according to multiple sources familiar with the negotiations.

Why it matters: That timeline sets up Congress for a government funding battle toward the tail end of President-elect Trump's first 100 days in office.

• Congressional leaders have settled on a final date for the funding bill but there are still outstanding issues, including what policies will be attached to the package.
• Text for the funding bill is expected to be released as soon as Friday but over the weekend at the latest.

The big picture: Congressional Republicans are setting themselves up for a breakneck first 100 days under the Trump administration, with the funding fight likely to come after other large legislative pushes.

• Conservatives want to move quickly on a border package and extend the Trump-era tax cuts. Both of those goals will take a lot of time, energy and negotiating.

Between the lines: What rides on this year-end funding bill is still unclear.

• Leaders entered negotiations with a goal of attaching a number of China related bills to the package.
• Senate Majority Leader Chuck Schumer (D-N.Y.) is also open to the idea of attaching a bill which would allow the NFL's Washington Commanders to return to the RFK Stadium site, Axios scooped last night. But it's unclear if it will make the cut.

Sen.-elect Bernie Moreno (R-Ohio) threw his support behind Senate Republican leadership's plan to move a border package as the party's first big legislative push at an Axios event on Thursday morning.

Why it matters: The plan from top Senate Republicans has split the party. Key House conservatives want to move one big package that also includes a major tax bill.

• Moreno, a Trump-endorsed conservative, told Axios' Stef Kight that a two-step legislative process makes "much more sense."
• Incoming Senate Majority Leader John Thune (R-S.D.) wants to move a border package before acting on a tax bill, which is another one of the GOP's top priorities.
• "Republicans need that little muscle memory around winning and getting things done," Moreno said.

The big picture: Thune's plan has been met with support from fellow Senate Republicans, including allies of President-elect Trump like Moreno.

• But House Ways and Means Committee Chair Jason Smith (R-Mo.), who is the top tax Republican in the House, has bristled at the plan.

Sens. Joe Manchin (I-W.Va.) and Kyrsten Sinema (I-Ariz.) delivered their potentially final rebuke to outgoing Senate Majority Leader Chuck Schumer (D-N.Y.) today, surprising him with two "no" votes on a nomination that was deeply important to their old party.

Why it matters: Schumer is closing out the Biden presidency the same way he started it: Wondering if he can count on Manchin and Sinema.

• Both senators, in their own dramatic way, voted to defeat the nomination of Lauren McFarren for another term on the National Labor Relations Board.
• Sinema showed up for her first Senate vote since the Thanksgiving holiday and voted "no" on a procedural vote to kill McFarren's nomination.

With Manchin absent in the Senate, and the vote tied at 49-49, a potential tie-breaking vote from Vice President Harris was possible.

• But Manchin raced across town from a previous engagement to deliver the fatal blow, 50-49.

Zoom in: Schumer was under enormous pressure from progressive senators and labor groups to try to grandfather in Democratic control of the NLRB for the first two years of Trump's presidency.

• With Senate Republicans struggling with absenteeism, Democrats thought they had a shot.
• Leading up to the vote, it was a mystery among many Democratic senators how Manchin and Sinema would vote.

What they are saying: Manchin, who had kept all of Washington guessing on his position, claimed it wasn't even a close call.

• "This is not a surprise to anyone," he said after voting, citing McFarren's position on a new joint employer rule. "It's not personal."

In a statement shortly after the vote, Schumer didn't hide his anger.

• "It is deeply disappointing, a direct attack on working people, and incredibly troubling that this highly qualified nominee — with a proven track record of protecting worker rights — did not have the votes," Schumer said.

The other side: Republicans had nearly perfect attendance, with only Sen. Roger Marshall (R-Kan.), who had a planned orthopedic surgery, missing the vote. GOP leaders were aware of his expected absence, according to a person familiar with the matter.

Zoom out: For the last four years, Manchin and Sinema have aggravated both President Biden and the Democratic Party they used to call home.

• In the summer of 2021, Manchin took a chainsaw to Biden's $3.5 trillion Build Back Better agenda and articulated his own redlines. He knocked out key provisions — like extending the Child Tax Credit — and then ultimately killed it.
• He later revived a much smaller package. Then Sinema decided to raise her concerns.
• She fought against some of the corporate tax increases, as well as a plan to target so-called carried interest.
• The two of them also helped to sink previous Biden nominations, including Julie Sue for labor secretary and Saule Omarova for the Office of the Comptroller of the Currency.

The bottom line: Yes, they tend to vote with Schumer on judges, but Democrats they are clearly not.

• Sinema formally left the Democratic Party in late 2022. Manchin did the same in March of this year.

Sen. Majority Leader Chuck Schumer is telling colleagues that negotiations to allow the Washington Commanders to return to the RFK Stadium site are making progress — and a deal could be included in the short-term spending bill, Axios has learned.

Why it matters: Schumer still wants Maryland, the NFL and the Commanders to reach an agreement that satisfies all parties. It's not clear that they have done so.

• But Schumer's indication he might attach the House-passed legislation to the spending bill opens up a massive hole for the Commanders — and fans of returning football to the nation's capital — to run through this year. The team currently plays about five miles from D.C., at Northwest Stadium in Landover, Maryland.

Driving the news: The Commanders want the option of building a new stadium at RFK and have worked to reach an agreement.

• Schumer has been speaking directly with N.F.L. Commissioner Roger Goodell, Commanders owner Josh Harris and the Maryland senators for status reports on the negotiations, according to people familiar with the matter.
• If a deal is reached, Schumer would support including it in the short-term spending bill, according to people familiar with the matter.

Zoom out: If Congress passes legislation for a redevelopment bill this year, the city and the Washington Commanders can consider a massive new sports and entertainment district, with a potential football stadium on the 190-acre site.

• The city of D.C. is broadly supportive. Mayor Muriel Bowser said last month a redevelopment would bring "affordable housing, world-class recreational facilities, green spaces and economic opportunity for District residents and visitors alike."

The bottom line: Sen. Steve Daines (R-Mont.) had been holding up the House legislation since May, but he's indicated he's no longer opposed, according to people familiar with the matter.

• Maryland's political leaders have brought their own demands to the negotiations, according to the Washington Post.

Senate Majority Leader Chuck Schumer (D-N.Y.) is mounting a last-ditch fight to keep the National Labor Relations Board under Democratic control for the next two years under President-elect Trump.

Why it matters: For big labor and big business, the NLRB is crucially important.

• It has broad discretion to referee disputes between employers of workers across the economy, from Amazon to Starbucks.
• Democrats have an opportunity to lock in a 3-2 majority, but only if they can find 50 votes to extend Lauren McFerran's tenure.
• Schumer filed cloture on Monday on another five-year term for McFerran, setting up a procedural vote on Wednesday.

Schumer has two paths to win confirmation:

• He'll need GOP absences or defections, or assurances from either Sens. Joe Manchin (I-W.Va.) or Kyrsten Sinema (I-Ariz.) that their concerns about the NLRB have been addressed. Those two haven't indicated how they'll vote.

Driving the news: Senate Democrats and independent Sen. Bernie Sanders —have privately pressed Schumer to ensure a Democratic majority until August 2026, when vacancies will give Republicans a shot to have their own 3-2 advantage.

• With two weeks left in session, time is running out, raising concerns in the labor movement that the vote isn't a top priority for Schumer.
• Without reconfirmation, the board will likely tip in favor of Republicans early next year when Trump starts filling open seats after his inauguration. McFerran's term expires next week.

What we're watching: No one seems to know if Manchin is still as angry with the NLRB when he voted against the last Democratic nominee in September 2023.

• But his staff isn't giving Schumer any reason to be optimistic.
• In that 2023 vote, Democrat Gwynne Wilcox relied on the votes of the two Alaska senators, Lisa Murkowski and Dan Sullivan, to win confirmation.
• Another x-factor is Sinema's attendance. She didn't vote last week.

The bottom line: Schumer has been focusing on confirming federal judges to lifetime positions before Democrats hand over the majority to Republicans next year.

• While judges wear their robes for life, there are nearly 1,500 of them.
• There are five seats on the NLRB.

Senate Majority Leader Chuck Schumer and House Speaker Mike Johnson are staring each other down over a bill aimed at curbing antisemitism, we have learned.

Why it matters: Schumer promised Jewish leaders earlier this year that he would try to pass the bill this Congress. Now he's shifting blame to Johnson if Congress doesn't act.

• Schumer wants the Antisemitism Awareness Act — aimed at college campuses — attached to one of the year-end packages that must pass Congress, like the National Defense Authorization Act.
• But Johnson wants Schumer to put the bill on the Senate floor by itself, according to sources.

"We are trying to get them to do it," Schumer told Axios, referring to the House.

• "I have offered several times to get it in either the NDAA or the appropriations bill," he said.
• "Republicans are clearly feeling the pressure to get this done via the NDAA, which Sen. Schumer has long said is the best and fastest way," said a Schumer spokesperson. "The Republican leadership won't take yes for an answer."

Driving the news: With his narrow majority, Johnson has indicated to allies that attaching too many unrelated items to the National Defense Authorization Act could imperil its passage.

• House Republicans are trying to make it easier for Johnson to include it by suggesting he also attach legislation to sanction the International Criminal Court, according to people familiar with the matter.
• That sanctions bill previously passed the House 247-155 with 42 pro-Israel Democrats voting in its favor.

Zoom out: The antisemitism legislation also overwhelmingly passed the House in the summer, but it has divided Democrats.

• If it isn't passed this year, Republicans are eager to act on it in 2025, when they'll have the Senate majority.
• That would force Senate Democrats to potentially take a difficult vote next year.

The bottom line: With limited time left on the calendar — and his priority set on confirming judges — Schumer is unlikely to put the antisemitism bill on the Senate floor on its own.

Senate Democratic leader Chuck Schumer's (D-N.Y.) late push to get landmark marijuana legislation passed this year looks doomed, sources tell Axios.

Why it matters: The next few weeks are Democrats' last chance to get the weed banking bill passed. Now it will have to find an unlikely way through a Republican-dominated Congress.

• The Secure and Fair Enforcement Regulation Banking Act would protect banks that work with cannabis companies, giving the marijuana industry access to more sources of funding.
• Schumer pushed for the bill to be attached to must-pass packages before the end of this year, but sources tell us there is no path to getting it through the Senate this Congress.

The big picture: The marijuana bill has picked up bipartisan support but Republican leaders, including outgoing Senate GOP leader Mitch McConnell (R-Ky.), are opposed to the legislation.

• It's proving difficult for the parties to get any bills to ride along with must-pass funding bills before the end of the year.
• Sources tell Axios the government funding package and a defense authorization bill are likely to be very narrow in focus, leaving little room for a bill like the cannabis banking one to get attached.

Yes, but: Sen. Steve Daines (R-Mont.), an ally of GOP leadership, is a cosponsor of the bill, and it has bipartisan support.

• Schumer has long been a proponent of the legislation, and Axios is told he will continue to push for the bill's passage by the end of the year.

Senate Majority Leader Chuck Schumer (D-N.Y.) remains on track to match — or break — the Trump-era record of judicial confirmations after a late-night deal with Republicans on Wednesday.

Why it matters: Schumer axed four judicial nominees in exchange for a path to passage for over a dozen judges through the end of the year.

• Schumer lacked the votes to fill the four vacancies that he will now leave open for the Trump administration, a spokesperson for the Democratic leader said.
• Republicans pulled Schumer to the negotiating table after dragging out judicial confirmation votes past midnight.
• Senate Democrats have confirmed 221 judges under the Biden administration — just 13 short of matching the GOP record from the first Trump administration.

The big picture: Schumer will hold confirmation votes on seven judicial nominees when lawmakers return to Washington in two weeks, putting him within striking distance of the first Trump administration number.

• The Senate Judiciary Committee on Thursday also advanced six more nominations that Schumer can now tee up for a floor vote. If all of those nominees are confirmed, he would match the 234 nominees confirmed by the GOP under Trump.
• The Senate Judiciary Committee will continue to report more nominees through the end of the year.

The bottom line: Republicans will be satisfied that in the weening days of their minority that they were able to keep four circuit court slots open for when they enter the majority next year.

• Democrats proved they are serious about jamming the nominees through the Senate, and Republicans proved that they were willing to go to the mat against Schumer's agenda.

A fight over judges is serving as incoming Senate GOP leader John Thune's (R-S.D.) first showdown against Democratic leader Chuck Schumer (D-N.Y.).

Why it matters: Schumer is racing to jam through dozens of President Biden's judicial confirmations before the end of the year to break Sen. Mitch McConnell's (R-Ky.) record during the first Trump administration.

• Thune personally presented a plan for an aggressive defense against Biden's last batches of judicial nominees during a regular leadership meeting Monday night, sources familiar told Axios.
• It's Thune's first big moment since being elected to serve as the next GOP leader.
• It's also sure to please some conservatives whose support he needed to get his leadership bid across the finish line — senators very familiar with procedural protest tactics.

Zoom in: That led to the Senate floor staying open past midnight as Republicans forced procedural votes to drag out the confirmation process.

• Republicans are mad at Schumer for prioritizing judges over other must-pass legislation like the Farm Bill, defense authorization and appropriations.
• President-elect Trump is egging on the fight, demanding Republicans prevent new judicial confirmations ahead of his inauguration.

🚪 Behind closed doors, Republican vs. Republican frustrations bubbled over Tuesday after missed votes that helped Schumer move forward on the nominations.

• Vice President-elect Vance (R-Ohio), Marco Rubio (R-Fla.) and Mike Braun (R-Ind.) were specifically called out, sources in the room told Axios.
• Vance defended himself in a since-deleted post on X by saying even if he had shown up to vote Monday night, it would not have changed the outcome.
• Sen. Lindsey Graham (R-S.C.), ranking member of the Judiciary Committee, took point in urging colleagues not to skip inconvenient votes in case no-shows and a slim majority during the lame-duck session end up working in Democrats' favor.

🔥 Zoom out: Look for Schumer to consider repaying the favor next year when it's time to confirm Trump's nominees.

• Schumer and Democrats ground through GOP stall tactics Monday night into Tuesday and are expected to continue to do so.
• Schumer has dozens of federal judges he can tee up for floor votes over the next few weeks, and the Senate Judiciary Committee will put even more in the pipeline each Thursday.

The bottom line: Schumer has confirmed 217 federal judges under the Biden administration. He is 18 short of matching the 234 confirmed by McConnell.