Media Outlets Quote Casey Higgins on Impact of Midterm Elections

November 9, 2022

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A number of legal and general media outlets have quoted Akin Gump public law and policy senior counsel Casey Higgins on the impact and implications of the midterm elections.

POLITICO’s article “What the election results mean for K Street” looks at the impact on the lobbying industry of the uncertain margins of victory for either party in the midterms.

Higgins, who served as Assistant to the Speaker for Policy and Trade Counsel during Rep. Paul Ryan’s tenure in that role, said in that article, “I think it’s hard to truly gauge at this point where things stand because of what is outstanding.”

She added, “[A]s we’ve seen with Speaker [Nancy] Pelosi this year, whenever you have a smaller majority in the House everything is harder.”

Regarding the election’s impact on her and the firm’s advocacy work, she said, that when “Congress is working harder to get things done, we work harder as well.”

The POLITICO Influence column also quoted her under “Lobbyists gird for more gridlock,” where she noted that the midterm results forecast a busy lame duck session when Congress returns, perhaps more so than if a “red wave” had actually occurred, and GOP legislators had had greater incentive to defer acting on issues into the next Congress.

Higgins was also quoted in The Hill’s article “Corporate America braces for congressional gridlock, GOP probes in 2023,” which looks at the prospects for business as the GOP looks to “punish,” in The Hill’s words, companies for siding against the Republicans on a range of issues from LGBT rights to abortion restrictions.

Higgins said, “How business approaches Republicans in this next Congress will very much dictate whether lawmakers will want to work with them or not. Frankly, I think there’s a lot that needs to be done to mend those relationships.”

The American Lawyer quoted Higgins for its article “After Mixed Midterm Results, Beltway Firms Will Thrive Bringing Clarity to Clients.” The article examines the possible impact of a GOP House majority.

Higgins said that firms with a strong presence inside the Capital Beltway will be busy, noting that, during periods of divided government and particularly after two years in which one party has controlled both Congress and the White House, most administrations shift toward increasing their use of executive power to make progress. She said that this always causes an increase in legal work “in terms of helping clients figure out what direction policy is headed, but also to respond to [executive orders],” adding that two years of a Democratic presidency following a Republican presidency creates an environment ripe for increased agency and regulatory action.

Regarding Congress, she said that any change in government, particularly in the House of Representatives, generates a “flurry of activity,” which triggers demand for law firms, particularly those, such as Akin Gump, with strong policy practices, to bring new members up to speed on issues.

Higgins does not agree with those who say that a narrow margin for either party means legislative gridlock: “There are a lot of ‘must pass’ bills to deal with; our debt limit needs to be addressed, there are appropriations and expiring programs. There will always be work happening.”

She also pointed to areas for possible bipartisan cooperation that could impact law firm clients, citing China, technology, and infrastructure. Higgins said that China is an area that reaches across many practice areas, with many different congressional committees looking at different facets of the U.S. response to developments in China. She added, “The CHIPS Act was bipartisan, as was the infrastructure bill. There are things that continue to be bipartisan that Congress will be working on, and there will be a renewed focus and increase of work for firms in those areas where bipartisanship is possible.”

Bloomberg Law quoted Higgins in its article “Boehner, McCarthy-Tied Lobbyists See Chances in Divided Congress,” which looks at what a GOP-led House and Democratic-led Senate mean for the lobbying industry.

Higgins noted that Akin Gump has a number of former GOP lawmakers and Hill staff on its bipartisan roster and has held meetings recently with clients and GOP House members to brief the clients on the Republican agenda—upcoming meetings feature Rep. McHenry (R-NC) on cryptocurrency and Kevin Brady (R-TX) on taxes. Said Higgins, “When the House changes over, it’s always a dramatic turnover. You have members who have in a lot of ways not had a lot of exposure to K Street because they haven’t been able to impact the legislative process.”

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