119-HR-3426 DC Insider Whip Count Analysis
119 · HR 3426 Courthouse Affordability and Space Efficiency Act of 2025
Government Operations and Politics
Courthouse Affordability and Space Efficiency (CASE) Act of 2025This bill provides statutory authority for the General Services Administration (GSA) courtroom sharing policy and limits construction...
H.R. 3426 (CASE Act) passed the House on suspension by voice vote and was later recalled from the Senate at the House’s request; EPW was discharged by UC before the Senate returned the papers. With Republicans controlling both chambers (Thune as Senate Majority Leader; Capito chairing EPW) and the bill framed as cost control aligned with GAO findings, the baseline path is bipartisan UC in the Senate once the House resends a final text or folds it into a larger vehicle. Key risks are a UC hold from senators with active courthouse projects and pushback from the judiciary citing security/design concerns. Overall passage odds once re‑transmitted: moderate‑to‑high. [1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov[2]U.S. Senate — U.S. Senate: Party Division (includes 119th Congress)[3]Associated Press — AP: New Majority Leader Thune pledges to preserve the filibu…[4]U.S. Senate EPW Committee — EPW Majority: Capito to Serve as Chairman (119th)[5]Reuters — Reuters: GAO says 2021 courthouse design standards raise size/cost
01 · Section
Breakdown: Expected Support and Opposition
Where the votes are and why, based on public positions, institutional roles, and recent actions.
- House: The bill passed under suspension by voice vote on September 15, 2025, indicating broad bipartisan buy‑in; sponsor is Rep. Jefferson Shreve (R‑IN) with Del. Eleanor Holmes Norton (D‑DC) as cosponsor. [1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov
- Senate: Received and referred to EPW on September 16; EPW was discharged by unanimous consent on November 19; at the House’s request via H.Res. 747, the Senate returned the papers on November 19 and messaged the return on November 20. Net: no visible committee resistance; action now depends on renewed House transmission or inclusion in a vehicle. [1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov[6]Library of Congress — All Info - H.Res. 747 (return of papers) – Congress.gov
- Party-line expectations: With a 53–47 GOP Senate and Republican control of the House, leadership can advance a narrow cost‑containment bill like this by UC in the Senate or on a House suspension/consent calendar. If a hold forces floor time, the 60‑vote threshold remains operative per Thune’s stated intent to preserve the filibuster. [2]U.S. Senate — U.S. Senate: Party Division (includes 119th Congress)[3]Associated Press — AP: New Majority Leader Thune pledges to preserve the filibu…
- Issue coalitions: GAO has repeatedly urged courtroom‑sharing to control costs; the judiciary and AOUSC have flagged security and scheduling concerns and, in 2021, updated the U.S. Courts Design Guide in ways GAO says raise size/cost. Expect most fiscal hawks in both parties to support; potential resistance from members aligned with judiciary/security arguments. [7]U.S. GAO — GAO-10-417: Federal Courthouse Construction—courtroom sharing needed[8]U.S. GAO — GAO-25-108406: 2021 U.S. Courts Design Guide changes (size/cost impa…[5]Reuters — Reuters: GAO says 2021 courthouse design standards raise size/cost
- Geographic pressures: Active courthouse projects listed by GSA (e.g., AL, NC, IA, MS, SC, PA, TX, GA, OH) create home‑state sensitivities; senators or delegations from these states could seek carve‑outs or clarifying language. [9]GSA — GSA Courthouse Construction (active projects list)
Senate party split
53R seats (47 D/Ind)
House passage
1Voice vote on suspension (bipartisan signal)
Key Senate committee status
1EPW discharged by UC
Current bill location
1Papers returned to House
02 · Section
Key Legislators and Likely Swing Players
Who matters procedurally and politically.
- Sen. John Thune (R‑SD), Majority Leader: controls floor time/hotline; has pledged to preserve the filibuster—so UC or a 60‑vote plan is determinative. [3]Associated Press — AP: New Majority Leader Thune pledges to preserve the filibu…
- Sen. Shelley Moore Capito (R‑WV), Chair, EPW: committee of referral; EPW was discharged by UC—signal that committee-level resistance is low. [4]U.S. Senate EPW Committee — EPW Majority: Capito to Serve as Chairman (119th)[1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov
- Sen. Sheldon Whitehouse (D‑RI), EPW Ranking Member: key to bipartisan UC; no public opposition recorded to date. [4]U.S. Senate EPW Committee — EPW Majority: Capito to Serve as Chairman (119th)
- Speaker Mike Johnson (R‑LA): allowed initial House passage on suspension; will decide whether to resend a clean or modified bill or package it. [10]Associated Press — AP: 119th Congress opens; Mike Johnson reelected Speaker
- Chair Sam Graves (R‑MO), House T&I; and Subcommittee Chair Scott Perry (R‑PA), Economic Development, Public Buildings & Emergency Management: committee architects; House report and hearing record frame the cost‑control rationale. [11]U.S. Government Publishing Office — House Report 119-240 (CASE Act) – govinfo[12]U.S. House Clerk — House EDPBEM Subcommittee page (membership; Chair Scott Perr…
- Potential swing bloc: Senators from states with active or planned courthouse projects (per GSA list and hearing record) may press for exceptions—e.g., projects in AL, NC, IA, MS, SC, PA, TX, GA, OH; and GAO notes planned use of 2021 Design Guide in Anchorage (AK) and Bowling Green (KY). Watch these delegations for UC holds or manager’s amendment asks. [9]GSA — GSA Courthouse Construction (active projects list)[13]Library of Congress — House T&I Subcommittee hearing: Federal Courthouse Design…
- Institutional stakeholders shaping member positions: GAO (cost savings via sharing); AOUSC/Judicial Conference (security/design needs). Their testimony and reports provide cover for both pro‑ and anti‑amendment pushes. [7]U.S. GAO — GAO-10-417: Federal Courthouse Construction—courtroom sharing needed[8]U.S. GAO — GAO-25-108406: 2021 U.S. Courts Design Guide changes (size/cost impa…
03 · Section
Leadership Influence and Procedural Dynamics
What leadership can and likely will do.
- Chamber control: Republicans hold both chambers (Senate 53–47). That alignment, plus EPW’s UC discharge, favors a swift UC path once the House resubmits or attaches the bill to a vehicle. [2]U.S. Senate — U.S. Senate: Party Division (includes 119th Congress)[1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov
- Senate path: The cleanest route is hotline/UC. If there’s an objection, cloture requires 60. Thune has signaled no appetite to erode the filibuster, so leadership incentives point to negotiating carve‑outs rather than burning floor time. [3]Associated Press — AP: New Majority Leader Thune pledges to preserve the filibu…
- House path: After recalling the bill via H.Res. 747, leadership can: (a) move a modified text again on suspension; or (b) fold it into an omnibus/NDAA/mini‑bus or a GSA property/real‑estate package. The recall was executed; Senate returned the papers. [6]Library of Congress — All Info - H.Res. 747 (return of papers) – Congress.gov[1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov
- Committee leverage: On the House side, T&I and the EDPBEM Subcommittee own the record (report + hearing). On the Senate side, EPW’s discharge reduces intra‑committee veto points; any remaining leverage is at the leadership floor‑management level. [11]U.S. Government Publishing Office — House Report 119-240 (CASE Act) – govinfo[1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov
- External pressure: GAO’s 2024/2025 findings on the 2021 Design Guide (size/cost increases) provide bipartisan cover for cost‑control language; judiciary security claims create cross‑pressures—especially for members with local projects or courthouse security headlines. [5]Reuters — Reuters: GAO says 2021 courthouse design standards raise size/cost[8]U.S. GAO — GAO-25-108406: 2021 U.S. Courts Design Guide changes (size/cost impa…
04 · Section
Assessment: Likelihood of Passage
Bottom line—procedural feasibility and vote math.
- Base case: If House quickly retunes and retransmits (or packages) the bill, Senate UC passage is plausible given prior committee discharge and the bill’s narrow scope. Likelihood: moderate‑to‑high. [1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov
- Contingency: A UC hold tied to an active project or judiciary concerns would force a 60‑vote plan; still gettable but slower—expects a negotiated carve‑out or clarifying manager’s amendment. Confidence: moderate. [8]U.S. GAO — GAO-25-108406: 2021 U.S. Courts Design Guide changes (size/cost impa…
- Timing: Earliest viable windows are the next House suspension block or the next multi‑bill vehicle with EPW/T&I jurisdictional hooks; Senate can clear by UC in the same window if no holds materialize. [1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov
05 · Section
Sourcing (selected)
Primary sources for status, leadership roles, committee control, and stakeholder positions.
- Bill text, status, and actions: Congress.gov H.R. 3426 and All Actions; H.Res. 747 (return of papers). [14]Library of Congress — Text – H.R. 3426 (CASE Act) – Congress.gov[1]Library of Congress — All Info - H.R.3426 (CASE Act) – Congress.gov[6]Library of Congress — All Info - H.Res. 747 (return of papers) – Congress.gov
- House committee record: House Report 119‑240; May 20, 2025 T&I subcommittee hearing. [11]U.S. Government Publishing Office — House Report 119-240 (CASE Act) – govinfo[13]Library of Congress — House T&I Subcommittee hearing: Federal Courthouse Design…
- Senate control and leadership: Senate party division (senate.gov) and AP reporting on Thune’s filibuster posture. [2]U.S. Senate — U.S. Senate: Party Division (includes 119th Congress)[3]Associated Press — AP: New Majority Leader Thune pledges to preserve the filibu…
- EPW chair and committee posture: EPW majority site (Capito named chair). [4]U.S. Senate EPW Committee — EPW Majority: Capito to Serve as Chairman (119th)
- Judiciary/GSA/GAO context: GAO courtroom‑sharing and Design Guide findings; Reuters coverage of GAO’s cost‑increase estimate. [7]U.S. GAO — GAO-10-417: Federal Courthouse Construction—courtroom sharing needed[8]U.S. GAO — GAO-25-108406: 2021 U.S. Courts Design Guide changes (size/cost impa…[5]Reuters — Reuters: GAO says 2021 courthouse design standards raise size/cost
- Active courthouse projects list (potential geographic sensitivities): GSA Courthouse Construction page (updated Oct. 27, 2025). [9]GSA — GSA Courthouse Construction (active projects list)
Sources cited
- [1] All Info - H.R.3426 (CASE Act) – Congress.gov Library of Congress
- [2] U.S. Senate: Party Division (includes 119th Congress) U.S. Senate
- [3] AP: New Majority Leader Thune pledges to preserve the filibuster Associated Press
- [4] EPW Majority: Capito to Serve as Chairman (119th) U.S. Senate EPW Committee
- [5] Reuters: GAO says 2021 courthouse design standards raise size/cost Reuters
- [6] All Info - H.Res. 747 (return of papers) – Congress.gov Library of Congress
- [7] GAO-10-417: Federal Courthouse Construction—courtroom sharing needed U.S. GAO
- [8] GAO-25-108406: 2021 U.S. Courts Design Guide changes (size/cost impacts) U.S. GAO
- [9] GSA Courthouse Construction (active projects list) GSA
- [10] AP: 119th Congress opens; Mike Johnson reelected Speaker Associated Press
- [11] House Report 119-240 (CASE Act) – govinfo U.S. Government Publishing Office
- [12] House EDPBEM Subcommittee page (membership; Chair Scott Perry) U.S. House Clerk
- [13] House T&I Subcommittee hearing: Federal Courthouse Design and Construction (text) Library of Congress
- [14] Text – H.R. 3426 (CASE Act) – Congress.gov Library of Congress
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