The head of the D.C. Council said Monday he is withdrawing the capital city’s new criminal code from consideration just ahead of a U.S. Senate vote that seemed likely to overturn the measure. But it is unclear whether the action will block the vote or prevent President Joe Biden from making a politically charged decision to support Congressional action.
Council President Phil Mendelson announced the withdrawal Monday morning, a rare move that he said was not prohibited under Washington’s home rule authority.
“If Republicans choose to move forward with a hollow vote, that is their choice,” Mendelson said.
All the newly passed D.C.s under the Congress Home Rule system. But the criminal code rewrite appears to be the first law in decades to be completely overturned. The measure rejecting the law passed the House and looks set to pass the Senate. Biden said last week that he would not veto it.
But it is unclear whether Mendelson’s announcement will prevent the Senate from voting on a measure to overturn the law or affect Biden’s commitment to sign the measure.
Biden supports DC statehood and generally objects to Congress overturning laws on city elected officials. But he was under pressure not to veto Congressional action at a time of rising crime in the nation’s capital and across America – issues being raised by Republicans for next year’s presidential election.
A Senate leadership aide said he expected the vote to proceed despite the withdrawal announcement. The aide said the vote would be on the motion for House disapproval rather than broadcast to the Senate of the D.C. Council. The aide spoke on condition of anonymity to discuss plans that were not yet official.