A lame-duck session is any meeting of Congress after the November general election and before the newly elected Congress is sworn in on January 3. Members who lost, retired or didn’t run again, the “lame ducks,” keep their full voting power until their terms end. After the November 3, 2026 midterms, the current 119th Congress can keep working until January 3, 2027, when the 120th Congress takes over.
Lame-duck sessions happen after almost every election, and they usually handle unfinished must-pass business. They’re also controversial, because members who no longer face voters can cast binding votes.
Where does the term “lame duck” come from? #
The phrase started in 18th-century London, where stock traders used it for a broker who couldn’t pay his debts. It crossed to American politics in the 1800s to describe officials serving out their last days after losing power at the ballot box.
How did the 20th Amendment shorten the lame-duck period? #
Under the original Constitution, a new Congress didn’t begin until March 4, four months after the election. Defeated members could keep legislating all winter, and Congresses that had just been voted out passed major laws and confirmed judges in that window.
The 20th Amendment, ratified in 1933 and often called the Lame Duck Amendment, fixed most of that. It moved:
- The start of a new Congress to January 3.
- Presidential inauguration to January 20.
That cut the gap from four months to about two. You can read the text on the Constitution Annotated site. It didn’t ban lame-duck sessions, though, and Congress has held one after nearly every recent election.
What does Congress usually do in a lame-duck session? #
Any bill not passed by both chambers and signed before the Congress ends dies and must be reintroduced from scratch. That deadline pushes a lot of work into late November and December.
Government funding #
The federal fiscal year starts October 1. Congress rarely finishes its 12 annual spending bills on time, so it often passes a stopgap continuing resolution that runs past the election. After the vote, the lame-duck Congress has to either pass full-year funding, often bundled into one large omnibus bill, or pass another stopgap into the new year. For example, in December 2024 the lame-duck Congress passed a stopgap, the American Relief Act, that kept the government open into March 2025.
The defense authorization bill #
The National Defense Authorization Act sets Pentagon policy and funding levels, and Congress has passed one every year for more than six decades. Because it’s considered must-pass, final negotiations often slip into December.
Nominations #
The Senate often uses the lame-duck weeks to confirm judges and executive nominees, especially when the majority is about to change hands and wants to fill posts before it does.
Expiring laws and year-end deals #
Tax provisions, health programs and other laws with year-end expiration dates often get extended at the last minute, sometimes bundled with the funding bill.
Why are lame-duck sessions controversial? #
The accountability problem #
Critics say it’s undemocratic for members who were just voted out, or who are leaving anyway, to make lasting decisions. With no next election to worry about, a lame duck can vote against their constituents’ wishes or break with their party without paying a price. That criticism is sharpest when the election has just changed which party will control a chamber.
The case for lame-duck sessions #
Supporters argue the lack of electoral pressure can help. Members who don’t have to worry about attack ads or primaries are sometimes more willing to compromise on hard but necessary votes, like raising the debt limit or passing complex spending deals. And with deadlines like the fiscal year and expiring laws, Congress often has no practical choice but to meet.
What are some notable lame-duck sessions? #
- 1998: The House impeached President Bill Clinton in December, after the midterms had cost the majority party seats.
- 2010: After an election that shifted House control, the outgoing Congress repealed the military’s “Don’t Ask, Don’t Tell” policy, ratified the New START arms treaty and passed the Zadroga 9/11 health law.
- 2022: The lame-duck Congress passed the Respect for Marriage Act and, in the year-end spending bill, the Electoral Count Reform Act, which clarified how Congress counts presidential electoral votes.
- 2024: The lame-duck Congress passed a stopgap funding bill after a deal collapsed and was renegotiated in the final days before a shutdown deadline, and passed the Social Security Fairness Act, which became law in January 2025.
What could the 2026 lame-duck session look like? #
It depends heavily on the November 3 results. If control of the House or Senate changes hands, the outgoing majority has a limited window to finish what it can, and the incoming majority has reason to push decisions into January. If control doesn’t change, there’s less urgency. Either way, expect government funding for the rest of fiscal year 2027, the annual defense bill and a round of nominations to be on the list. Our guide to why the president’s party tends to lose seats in midterms covers the historical pattern, and our 2026 midterm election calendar lists the dates between now and January.
If you want a sense of which way control is leaning before Election Day, Election Tracker shows each Senate race and the generic congressional ballot with 30-day polling averages. Its Market Sentiment tab also shows read-only Polymarket prices on House and Senate control, labelled as trader sentiment rather than a forecast.
Frequently asked questions #
How long does a lame-duck session last? #
Usually three to six weeks of actual session, starting in mid-November after the Veterans Day week and running on and off until shortly before Christmas. In some years Congress has stayed in session into the last days of December.
Can a lame-duck Congress pass major laws? #
Yes. Its constitutional powers are the same as at any other time. Anything passed by both chambers and signed by the president becomes law.
Is the president ever a lame duck? #
Yes. A president is called a lame duck after losing a reelection bid, and in practice for much of a second term, since the 22nd Amendment bars a third. Presidents in that position often issue pardons, executive orders and last-minute regulations. Election Tracker’s approval screen shows the president’s approve, disapprove and net rating as a 7-day average with a 90-day trend, and our guide to tracking presidential approval ratings explains how to read those numbers.
Why doesn’t Congress just ban lame-duck sessions? #
Because the government’s deadlines don’t stop for elections. Funding runs out, laws expire and emergencies happen. Barring Congress from meeting for two months every other year would leave no one able to act. Critics mostly argue for shortening the gap further or limiting what lame-duck sessions take up.