There is no question that many bills currently sidelined could find hope after the 2026 midterm elections during the “lame duck” session of Congress.  Hopes to pass legislation before November could happen episodically, but the closer the election is on the horizon, the less likely Republicans and Democrats will be willing to work together to pass legislation (which h we are already seeing).  Here are five ways to prepare for a busy “lame duck” session of Congress: 

(1) Prepare Now:  There are plenty of last-minute deals cut during lame duck, but most involve legislation or provisions that are known, vetted, and have strong support.  Getting everything in order with champions, stakeholders, and key decision-makers should be an August project, as the post-election agenda will start taking shape in September.  

(2) Disregard Politics:  The nice thing about a post-election legislative landscape is that politics play little to no role, given that it is the rate time period where political risk is minimized.  Building a strategy based on who will be leading Congress next year is less relevant in the lame duck (beyond macro decisions), so run a bipartisan play. 

(3) Consider Legislative Vehicles:  Not much will move in lame duck by itself; big pieces of legislation (ie NDAA, etc.) generally provide the free ride to smaller pieces of legislation.  While you will have no control over how legislation ultimately moves if attached to another bill, socializing the potential pairing with key committees of jurisdiction is a good exercise for key champions and even stakeholders.  

(4)  Be Flexible:  When so much is happening, things move around quickly.  Make sure your strategy includes some flexibility since the broader lane duck picture is more of a jigsaw puzzle than a clean, linear process. 

(5) Balance Expectations:  The good news with lane duck is that there are usually lots of opportunities to move legislation.  The bad news is that it’s a crowded field, and not everything crosses the finish line.  Work to get legislation well-positioned, but many factors (beyond your control) determine what ultimately happens.