Key Takeaways: Biden Delivers Second State of the Union
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Key Takeaways: Biden Delivers Second State of the Union

Brownstein Client Alert, Feb. 8, 2023

President Joe Biden delivered his second State of the Union address on Feb. 7, facing a divided Congress for the first time in his presidency. Biden opened with a show of bipartisanship, drawing cheers as he congratulated the Democratic and Republican leaders in each chamber.
 
Biden revived several themes from the 2020 campaign trail and his first year in office, reminding viewers of his promises to “restore the soul of the nation,” and his promise “to be the president for all Americans.” He did, however, critique Republicans in the chamber, taking aim at their opposition to some of his marquee legislative achievements, such as the Inflation Reduction Act (IRA) and the ongoing negotiations around the debt limit. Biden also criticized some Republicans attempting to leverage debt-ceiling negotiations to cut spending on Medicare and Social Security. This allegation elicited a brief outburst from Republicans—one of several in the chamber that night.
 
Overall, Biden’s speech focused on three key areas:

 

  • Victories to Date. The IRA, Infrastructure Investment and Jobs Act, (IIJA) and CHIPS and Science Act all received floor time during the address, with Biden highlighting key policies and outcomes from each of the statutes. He also touched on the passage of legislation reforming gun policy, responding to the opioid crisis, supporting veterans exposed to burn pits and accelerating research into common diseases.
     
  • The Agenda AheadVery few matters garnered widespread applause from the gathered lawmakers, but calls for data privacy legislation for children and teenagers did. The responses from the Republican side laid bare the tense state of policymaking on topics like the debt limit, immigration reform and the fentanyl crisis; ultimately, it will be difficult to enact anything but bipartisan bills this session. Biden also vowed to flex his veto power in the event that certain Republican priorities, like a repeal of the IRA’s prescription drug caps, make it to his desk.
     
  • Unfinished Business. Stymied by the loss of the House, many high-profile pieces of Biden’s policy agenda were still included in his remarks but are generally dead on arrival in Congress. While not often mentioned during the speech, several of these priorities—such as banning noncompetes and eliminating junk fees—are actively being furthered through agency rulemakings. Democrats’ disappointment with the lack of progress on some promises were evident; for example, some pinned crayons to their lapels to signify the lack of investment in child care.

 
Though Biden jockeyed with Republicans at several points during his 72-minute address, he began and ended the night on an optimistic note, describing the United States as a country “in a new age of possibilities,” and advocating for the victory of “unity over division.” He noted that he signed over 300 bipartisan pieces of legislation since his inauguration and called for continued cross-aisle collaboration in the upcoming session.
 
How much bipartisan legislation the House, Senate and White House are capable of this year remains to be seen, but for key takeaways from the 2023 State of the Union address, click here.


THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING THE 2023 STATE OF THE UNION ADDRESS. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.

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