Comedian Nate Bargatze applies his famous schtick “nobody knows” to the number of yards in a mile, why we call 2,000 pounds a “ton” but have no word for 1,000 pounds, or why we use the Metric system only in unpopular sports such as track and swimming.
And although nobody knows when the government shutdown will end, lobbyists know that lawmakers are still working and it’s possible to keep their issues on policy makers’ radar. In 1980, Attorney General Benjamin Civiletti interpreted the Antideficiency Act to prohibit agencies from spending money without an appropriation (except to close agencies in an orderly fashion or for the protection of human life or property). Other major countries don’t shut down when there’s a funding lapse—they remain open pending the next appropriation.
A “government shutdown” isn’t the most accurate description of what is happening since much of the government is still open for business. Although money isn’t going out the door, Capitol Hill is buzzing. Besides working in the background to hammer out a deal to reopen the government, House and Senate members are planning what they will be doing with their time and resources when their chambers are back in session.
The lesson here for lobbyists: Don’t take your foot off the gas. There are still productive ways to engage policy makers:
- Emails to staff and policy makers are more likely to be read. With the down-tempo created by the shutdown, fewer emails are being received. Hit “send” on emails requesting co-sponsorships, suggesting hearings, or providing background information.
- Hill meetings are still going forward in most offices, both in person and virtual. Staff have fewer meetings and, in the House, there are no hearings competing for their time. Now is a great time to meet. The executive branch is more reluctant to meet, but that goes agency by agency.
- Calls are being answered on the Hill, and sometimes in the executive branch, but you might need the policy maker’s direct line or mobile. Give it a try.
Why Shutdowns Happen
For many lawmakers, this isn’t their first shutdown experience. There have been 15 government shutdowns since 1980, including the one we’re currently in. Only four shutdowns have had a significant effect because the others have occurred only briefly or over a weekend.
I spent 20 years in Republican staff positions in the White House, the Senate, and the House, and it’s generally been Republicans who have wielded shutdowns as a tool to restrain overspending or pursue a policy goal. In 1995, when Republicans recaptured the House majority after 40 years in the minority, Republicans twice sent President Bill Clinton a spending bill he vetoed because it failed to spend enough money. Consequently, the government shut down for five days in November 1995, and then for 21 days over Christmas and into the new year in 1996.
I remember being outed as a congressional Republican at my wife’s holiday party in 1995 when she and her government colleagues were out of work and missing paychecks during the second shutdown. Let’s just say that was an uncomfortable party for me.
Two more major shutdowns occurred in 2013 and 2018 into 2019, the last of which continued for 34 days.
We are now besting that record with no end in sight. Though we can’t predict when it will end, we can predict why it will end: One party will be blamed as the bad guy—including by its own members—and will capitulate.
Though Republicans are generally viewed as the shutdown instigators, both parties are sharing the blame almost equally now. When that changes, either President Donald Trump or Senate Minority Leader Chuck Schumer (D-N.Y.) will call it quits and strike a deal. That could happen tomorrow or sometime in 2026.
Let’s zoom out and address the question about why government shutdowns are happening at all. They emanate from the zeal of achieving—or stopping—some policy or spending goal. The putative reason for this shutdown is the expiration of Obamacare subsidies.
But I think there’s a bigger reason for every shutdown: Voter discontent with some dominant political dynamic. Voters want to see their elected representatives fight, even if the fight they wage has no likely positive outcome. Right now, Democratic voters are enraged by Trump’s policies, and they are insisting their elected representatives fight hard and long. That fervor may eventually wane as the effects of the shutdown incur more costs on average Americans(think massive flight delays and missed paychecks), but we haven’t yet reached that point.
With earlier shutdowns, the party blockading government spending bills ends up surrendering without a policy victory. And each time, the party leaders waging the battle faced the Hobson’s Choice of either capitulating early and risking the wrath of primary voters in the next election or capitulating late and receiving the same opprobrium, even if they got credit for waging a valiant effort.
The current reality seems to be that this shutdown is working for both parties. Democrats feel like they’re shifting the narrative to the cost of health insurance and Republicans think they’re painting Democrats as heartless obstructionists. We may eventually learn which party emerges as the winner, but I predict the shutdown’s effects on the midterm elections themselves will be a wash. By then, more significant political events will have happened, and this will be long forgotten.
Shutdowns aren’t fun for anyone, but they still provide opportunities for forward movement across an array of policy areas. Voters might forget about what did—or didn’t—happen in October 2025, but lawmakers won’t forget those emails, phone calls, and meetings they took during the fight.
This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.
Author Information
Bill Wichterman is a non-lawyer senior adviser in Covington’s public policy practice. Bill previously served as special assistant to President George W. Bush.
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