The Wednesday evening vote on whether to overturn D.C.'s overhaul of its century-old criminal code divided Senate Democrats and united Republicans in a striking display of how public safety continues to be a politically sensitive issue ahead of the 2024 elections.
In an 81-14 vote, the resolution cleared the Senate, with 31 Democrats and two independents joining Republicans in backing the measure and one Democrat voting "present." Fourteen Democrats ultimately voted against the legislation.
Despite initially opposing the GOP-led legislation, which would reduce penalties for crimes ranging from carjackings to homicide, President Joe Biden announced last week that he would sign the measure, angering many House Democrats who last month had voted against it.
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Democrat-aligned senators who voted in favor include Sens. Tammy Baldwin (D-WI), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Sherrod Brown (D-OH), Maria Cantwell (D-WA), Bob Casey (D-PA), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Tim Kaine (D-VA), Mark Kelly (D-AZ), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Luján (D-NM), Joe Manchin (D-WV), Bob Menendez (D-NJ), Patty Murray (D-WA), Jon Ossoff (D-GA), Alex Padilla (D-CA), Gary Peters (D-MI), Jacky Rosen (D-NV), Jeanne Shaheen (D-NH), Chuck Schumer (D-NY), Kyrsten Sinema (I-AZ), Tina Smith (D-MN), Debbie Stabenow (D-MI), Jon Tester (D-MT), Mark Warner (D-VA), and Ron Wyden (D-OR).
The 14 opposed to the resolution were: Sens. Cory Booker (D-NJ), Ben Cardin (D-MD), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Mazie Hirono (D-HI), Ed Markey (D-MA), Jeff Merkley (D-OR), Chris Murphy (D-CT), Jack Reed (D-RI), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Sheldon Whitehouse (D-RI).
Sen. Raphael Warnock (D-GA) voted present.
Notably, there were three Democratic absences. Sen. John Fetterman (D-PA) is seeking treatment at Walter Reed for depression, while Sen. Dianne Feinstein (D-CA) is in California recovering from the shingles, which hospitalized her earlier this month. Sen. Tom Carper (D-DE) also missed the vote.
While Washington, D.C., is permitted to function as an independent municipality, its laws are subject to congressional approval under the Home Rule Act. Therefore, Congress can pass a resolution to overturn a city law. Congress hasn't wielded that power, however, in roughly 32 years.
Last year, the D.C. Council passed an overhaul of its criminal code that scrapped a slew of mandatory minimums and other penalties for various crimes. Mayor Muriel Bowser veto the bill but was overridden by the City Council in January.
Republicans have latched on to the issue, hoping to compel Democrats to take a potentially unpopular stance on crime and underscoring that violent crime remains at high levels in Washington, D.C. Simultaneously, many Democrats have been reluctant to interfere in the city's home rule.
The bill cleared the House last month, 250 to 173, with opponents stemming entirely from the House Democratic caucus. Thirty-one Democrats in the lower chamber ultimately voted for the resolution.
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Following Biden's announcement that he would not veto the legislation, D.C. Council Chairman Phil Mendelson moved to withdraw the controversial crime bill, arguing the resolution to scrap the law will merely be "symbolic." Nonetheless, the Senate moved forward with its Wednesday vote.
Schumer came out in favor of the resolution earlier in the week, saying, "It was a close question, but on balance, I’m voting 'yes.'" Meanwhile, Durbin, the No. 2 Senate Democrat, came out in opposition. Centrist members of the Senate Democratic caucus, including Manchin and Tester, also came out in support of the resolution before the vote took place. Manchin's vote, in particular, was considered a critical defection that may have influenced Biden's decision to reverse his stance on the crime bill.