Democrats Flip the Senate: Incoming Committee Chairs and Oversight Priorities

Voters across the country made their voices heard at the polls on Tuesday—and did so resoundingly. In addition to taking control of the House, Democrats overcame a challenging map and won a majority in the Senate, including in some states once unthinkable. Senate Democrats’ stated priorities of investigating allegations of corruption and the causes of affordability challenges will likely take center stage. The Democratic-led Senate will also be in a position to exert leverage on President Trump’s nominees and conduct trials if the House impeaches the President or Cabinet officials.  

Senate Democrats’ Oversight Agenda for the 120th Congress 

Senate Democrats’ Oversight Priorities 

Senate Democrats’ messaging has been less cohesive than the House’s, but early reporting shows four themes are consistent on both sides of the Capitol—oversight, costs, health care, and the Iran war. The immediate priority will be oversight. Senator Chuck Schumer (D-NY), who is not up for reelection until 2028, is the expected Majority Leader and Senator Brian Schatz (D-HI) is the likely Majority Whip.  

Senate Subpoena Authority and Committee Rules 

Senate subpoena rules are more restrictive than the rules in the House, where most chairs can act alone and issue subpoenas unilaterally. Most Senate committees require the ranking member’s agreement or a committee vote before a subpoena is issued, though details vary by committee. Judiciary, Banking, Commerce, and Finance generally need the ranking member’s agreement or a vote, while the Health, Education, Labor and Pensions (HELP) Committee requires a majority vote. There are two important exceptions: Homeland Security and Governmental Affairs (HSGAC) and its Permanent Subcommittee on Investigations (PSI), where the chair can issue a subpoena unilaterally with notice to the ranking member. These are the current rules, and each committee can change them when the new Congress begins in January.  

How Senate Committee Chairs Are Chosen 

Committee chairs are chosen by the majority party through a combination of seniority, party rules, and internal conference votes. Seniority, however, is historically given the most weight. 

Key Senate Committees and Their Likely Leaders 

Here are the most likely committee leaders, and the races to watch in the Senate: 

Senate Judiciary Committee 

The Judiciary Committee has broad legislative jurisdiction and is the Senate’s main forum for public debate on social and constitutional issues, as well as oversight of the Department of Justice and the courts. It oversees key activities of the executive branch and handles the first stage of confirming all federal judicial nominees. 

Chair: Senator Sheldon Whitehouse (D-RI) is planning to succeed retiring Senator Dick Durbin (D-IL). He has met with anticipated House Judiciary Chair, Rep. Jamie Raskin, in the months leading up to the midterm and has said the Supreme Court justices would be the first targets of their joint effort, with aggressive investigations and a stack of subpoenas already being prepared. He is known for his climate advocacy, “dark money” in elections, judicial ethics, and outside influence on the judiciary. Priorities will include DOJ and FBI oversight, immigration, antitrust and Big Tech/AI, and judicial ethics. 

Ranking Member: Senator Mike Lee (R-UT) is expected to be the top Republican on the committee. Senator Chuck Grassley (R-IA) is term-limited, and other senior GOP members will not be in the next Congress. Senator Lee would have to give up his Energy and Natural Resources spot to take on Judiciary, but has said being the top Republican on Judiciary would be “hard to turn down.” Senator Ted Cruz (R-TX) is next in seniority after Lee but already chairs Commerce. Senator Josh Hawley (R-MO) would be next in seniority but has not been reported as seeking the top Republican spot on Judiciary.  

Senate Banking, Housing, and Urban Affairs Committee 

The Banking, Housing, and Urban Affairs Committee has jurisdiction over banks and financial institutions, deposit insurance, federal monetary policy including the Federal Reserve, housing, export controls, and urban development and mass transit. 

Chair: Senator Elizabeth Warren (D-MA) is expected to chair the committee and will use the gavel to continue her scrutiny of corporate America with an affordability and Trump corruption theme guiding oversight. Warren receives significant media attention as a senior Democrat who has used her influence to call out allegations of corruption under the second Trump Administration and is known in the finance industry to be a “critic of Wall Street.” She is reportedly planning bipartisan efforts to crack down on AI and housing legislation that reins in private equity’s role in the market. Other expected priorities could include bank regulation, crypto, housing finance and affordability, the CFPB, and the Federal Reserve. Former Banking Chair Sherrod Brown (D-OH), who led the committee in the 117th and 118th Congresses, has been floated as a possible challenger for the gavel. However, caucus rules resetting seniority for returning members leave Warren in the stronger position. 

Ranking Member: Senator Tim Scott (R-SC), the current chair, is expected to remain the top Republican as he is well within the six-year term limit.  

The Senate Health, Education, Labor, and Pensions Committee 

The HELP Committee has jurisdiction over education, labor, health, and public welfare, including public health, biomedical research, wages and hours, workplace safety, and private pensions. 

Chair: Senator Bernie Sanders (I-VT) is the expected chair of the committee and last held the gavel in the 117th Congress. During his last chairmanship, Sanders pursued high-profile hearings with corporate CEOs rather than lengthy, formal investigations. His first target was former Starbucks CEO Howard Schultz and his subpoena to the Steward Health CEO was the committee’s first since 1981. Sanders is a Medicare-for-All proponent who will likely continue to target high health care costs and pharmaceutical profits. Other priorities could include HHS oversight and public health, labor and workforce policy, and pensions. 

Ranking Member: There is no clear Republican frontrunner as Senator Bill Cassidy (R-LA) is not returning to Congress. Senator Lisa Murkowski (R-AK) is now the most senior Republican committee member, so she is expected to become Ranking Member. 

Senate Commerce, Science, and Transportation Committee 

The Commerce, Science, and Transportation Committee has jurisdiction over interstate commerce, communications, transportation, consumer products and services, science and technology policy, and oceans and weather. 

Chair: Senator Maria Cantwell (D-WA) is poised to take the gavel, having chaired the committee in the last Democratic Senate. Cantwell has opposed the Republican AI moratorium proposal and, in October, released a six-principle AI safety framework that she plans to pursue as chair. She will likely go after the FCC, and she has previously pressed FCC Chairman Brendan Carr to testify and argued that FCC-enabled industry consolidation raises prices and cuts choice. She is also expected to keep a strong working relationship with Ranking Member Ted Cruz (R-TX), with whom she accomplished major bipartisan wins in the last Congress, including the Protect College Sports Act. Other priorities could include kids’ online safety, aviation and transportation, and consumer protection. 

Ranking Member: Senator Ted Cruz (R-TX) will serve as the top committee Republican. A high-profile conservative leader, Cruz is pushing a federal AI framework that could override state laws. Senator Cruz is also a potential 2028 presidential contender and could use this platform as an opportunity to test campaign messaging and further bolster his profile. 

Senate Finance Committee 

The Finance Committee has jurisdiction over taxation, trade and tariffs, Social Security, Medicare, Medicaid, and the national debt. 

Chair: Senator Ron Wyden (D-OR) is the likely chair and previously chaired the committee in the 117th and 118th Congresses. He has increasingly become one of the Trump Administration’s top critics and has demanded a probe of the Trump “Anti-Weaponization Fund” settlement and a DOJ directive ending audits of Trump family businesses. Wyden has said his oversight will include “schemes and loopholes” exploited by the ultrawealthy and corporations to avoid paying taxes, as well as those that have benefited from the Administration’s tax and tariff policies. He will also prioritize reinstating the wind and solar tax credits, President Trump’s deals with pharmaceutical companies, and seeking transparency around TrumpRx data.  

Ranking Member: Senator Mike Crapo (R-ID) is expected to stay the most senior Republican committee member. He has chaired the committee since the 119th Congress and was its top Republican in the 117th and 118th Congresses. 

Senate Energy and Natural Resources Committee 

The Energy and Natural Resources Committee has jurisdiction over the Energy and Interior departments and a range of issues related to energy, conservation, and public lands. 

Chair: Senator Martin Heinrich (D-NM) is the anticipated chair and was widely expected to take the top Democratic spot back in 2023. He is planning an aggressive agenda targeting rising electricity demand from data centers and will likely target the industry’s environmental and water impacts. Heinrich will likely prioritize permitting reform and will continue to work with Rep. Jared Huffman on oversight efforts, such as their call for a GAO investigation into the Administration’s financing of private mining investments. He is an advocate for public lands, transmission and lower energy costs, and keeps a low media profile. Other priorities could include Interior oversight, data-center power demand, permitting reform, critical minerals, and offshore leasing and LNG. 

Ranking Member: Senator Mike Lee (R-UT) is currently the most senior Republican member, but he may move to Judiciary. If so, the top Republican spot would be open. Senator John Barrasso (R-WY) would be next in line by seniority. 

Senate Agriculture, Nutrition, and Forestry Committee 

The Agriculture, Nutrition and Forestry Committee has jurisdiction over agriculture, crop insurance, the farm bill, farm credit, food stamps, food inspection, forestry, nutrition, rural development, and conservation. 

Chair: Senator Sherrod Brown (D-OH), who has won the special election to serve the remaining two years of the term originally won by JD Vance and chaired Banking during the 117th and 118th Congresses, is expected to chair the committee. Outgoing Ranking Member Amy Klobuchar (D-MN) is not returning to Congress, so a top Democratic seat is open.  

Ranking Member: Senator John Boozman (R-AR), the current chair, is expected to remain the top Republican.  

Related Capabilities

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Democrats Flip the Senate: Incoming Committee Chairs and Oversight Priorities

Voters across the country made their voices heard at the polls on Tuesday—and did so resoundingly. In addition to taking control of the House, Democrats overcame a challenging map and won a majority in the Senate, including in some states once unthinkable. Senate Democrats’ stated priorities of investigating allegations of corruption and the causes of affordability challenges will likely take center stage. The Democratic-led Senate will also be in a position to exert leverage on President Trump’s nominees and conduct trials if the House impeaches the President or Cabinet officials.  

Senate Democrats’ Oversight Agenda for the 120th Congress 

Senate Democrats’ Oversight Priorities 

Senate Democrats’ messaging has been less cohesive than the House’s, but early reporting shows four themes are consistent on both sides of the Capitol—oversight, costs, health care, and the Iran war. The immediate priority will be oversight. Senator Chuck Schumer (D-NY), who is not up for reelection until 2028, is the expected Majority Leader and Senator Brian Schatz (D-HI) is the likely Majority Whip.  

Senate Subpoena Authority and Committee Rules 

Senate subpoena rules are more restrictive than the rules in the House, where most chairs can act alone and issue subpoenas unilaterally. Most Senate committees require the ranking member’s agreement or a committee vote before a subpoena is issued, though details vary by committee. Judiciary, Banking, Commerce, and Finance generally need the ranking member’s agreement or a vote, while the Health, Education, Labor and Pensions (HELP) Committee requires a majority vote. There are two important exceptions: Homeland Security and Governmental Affairs (HSGAC) and its Permanent Subcommittee on Investigations (PSI), where the chair can issue a subpoena unilaterally with notice to the ranking member. These are the current rules, and each committee can change them when the new Congress begins in January.  

How Senate Committee Chairs Are Chosen 

Committee chairs are chosen by the majority party through a combination of seniority, party rules, and internal conference votes. Seniority, however, is historically given the most weight. 

Key Senate Committees and Their Likely Leaders 

Here are the most likely committee leaders, and the races to watch in the Senate: 

Senate Judiciary Committee 

The Judiciary Committee has broad legislative jurisdiction and is the Senate’s main forum for public debate on social and constitutional issues, as well as oversight of the Department of Justice and the courts. It oversees key activities of the executive branch and handles the first stage of confirming all federal judicial nominees. 

Chair: Senator Sheldon Whitehouse (D-RI) is planning to succeed retiring Senator Dick Durbin (D-IL). He has met with anticipated House Judiciary Chair, Rep. Jamie Raskin, in the months leading up to the midterm and has said the Supreme Court justices would be the first targets of their joint effort, with aggressive investigations and a stack of subpoenas already being prepared. He is known for his climate advocacy, “dark money” in elections, judicial ethics, and outside influence on the judiciary. Priorities will include DOJ and FBI oversight, immigration, antitrust and Big Tech/AI, and judicial ethics. 

Ranking Member: Senator Mike Lee (R-UT) is expected to be the top Republican on the committee. Senator Chuck Grassley (R-IA) is term-limited, and other senior GOP members will not be in the next Congress. Senator Lee would have to give up his Energy and Natural Resources spot to take on Judiciary, but has said being the top Republican on Judiciary would be “hard to turn down.” Senator Ted Cruz (R-TX) is next in seniority after Lee but already chairs Commerce. Senator Josh Hawley (R-MO) would be next in seniority but has not been reported as seeking the top Republican spot on Judiciary.  

Senate Banking, Housing, and Urban Affairs Committee 

The Banking, Housing, and Urban Affairs Committee has jurisdiction over banks and financial institutions, deposit insurance, federal monetary policy including the Federal Reserve, housing, export controls, and urban development and mass transit. 

Chair: Senator Elizabeth Warren (D-MA) is expected to chair the committee and will use the gavel to continue her scrutiny of corporate America with an affordability and Trump corruption theme guiding oversight. Warren receives significant media attention as a senior Democrat who has used her influence to call out allegations of corruption under the second Trump Administration and is known in the finance industry to be a “critic of Wall Street.” She is reportedly planning bipartisan efforts to crack down on AI and housing legislation that reins in private equity’s role in the market. Other expected priorities could include bank regulation, crypto, housing finance and affordability, the CFPB, and the Federal Reserve. Former Banking Chair Sherrod Brown (D-OH), who led the committee in the 117th and 118th Congresses, has been floated as a possible challenger for the gavel. However, caucus rules resetting seniority for returning members leave Warren in the stronger position. 

Ranking Member: Senator Tim Scott (R-SC), the current chair, is expected to remain the top Republican as he is well within the six-year term limit.  

The Senate Health, Education, Labor, and Pensions Committee 

The HELP Committee has jurisdiction over education, labor, health, and public welfare, including public health, biomedical research, wages and hours, workplace safety, and private pensions. 

Chair: Senator Bernie Sanders (I-VT) is the expected chair of the committee and last held the gavel in the 117th Congress. During his last chairmanship, Sanders pursued high-profile hearings with corporate CEOs rather than lengthy, formal investigations. His first target was former Starbucks CEO Howard Schultz and his subpoena to the Steward Health CEO was the committee’s first since 1981. Sanders is a Medicare-for-All proponent who will likely continue to target high health care costs and pharmaceutical profits. Other priorities could include HHS oversight and public health, labor and workforce policy, and pensions. 

Ranking Member: There is no clear Republican frontrunner as Senator Bill Cassidy (R-LA) is not returning to Congress. Senator Lisa Murkowski (R-AK) is now the most senior Republican committee member, so she is expected to become Ranking Member. 

Senate Commerce, Science, and Transportation Committee 

The Commerce, Science, and Transportation Committee has jurisdiction over interstate commerce, communications, transportation, consumer products and services, science and technology policy, and oceans and weather. 

Chair: Senator Maria Cantwell (D-WA) is poised to take the gavel, having chaired the committee in the last Democratic Senate. Cantwell has opposed the Republican AI moratorium proposal and, in October, released a six-principle AI safety framework that she plans to pursue as chair. She will likely go after the FCC, and she has previously pressed FCC Chairman Brendan Carr to testify and argued that FCC-enabled industry consolidation raises prices and cuts choice. She is also expected to keep a strong working relationship with Ranking Member Ted Cruz (R-TX), with whom she accomplished major bipartisan wins in the last Congress, including the Protect College Sports Act. Other priorities could include kids’ online safety, aviation and transportation, and consumer protection. 

Ranking Member: Senator Ted Cruz (R-TX) will serve as the top committee Republican. A high-profile conservative leader, Cruz is pushing a federal AI framework that could override state laws. Senator Cruz is also a potential 2028 presidential contender and could use this platform as an opportunity to test campaign messaging and further bolster his profile. 

Senate Finance Committee 

The Finance Committee has jurisdiction over taxation, trade and tariffs, Social Security, Medicare, Medicaid, and the national debt. 

Chair: Senator Ron Wyden (D-OR) is the likely chair and previously chaired the committee in the 117th and 118th Congresses. He has increasingly become one of the Trump Administration’s top critics and has demanded a probe of the Trump “Anti-Weaponization Fund” settlement and a DOJ directive ending audits of Trump family businesses. Wyden has said his oversight will include “schemes and loopholes” exploited by the ultrawealthy and corporations to avoid paying taxes, as well as those that have benefited from the Administration’s tax and tariff policies. He will also prioritize reinstating the wind and solar tax credits, President Trump’s deals with pharmaceutical companies, and seeking transparency around TrumpRx data.  

Ranking Member: Senator Mike Crapo (R-ID) is expected to stay the most senior Republican committee member. He has chaired the committee since the 119th Congress and was its top Republican in the 117th and 118th Congresses. 

Senate Energy and Natural Resources Committee 

The Energy and Natural Resources Committee has jurisdiction over the Energy and Interior departments and a range of issues related to energy, conservation, and public lands. 

Chair: Senator Martin Heinrich (D-NM) is the anticipated chair and was widely expected to take the top Democratic spot back in 2023. He is planning an aggressive agenda targeting rising electricity demand from data centers and will likely target the industry’s environmental and water impacts. Heinrich will likely prioritize permitting reform and will continue to work with Rep. Jared Huffman on oversight efforts, such as their call for a GAO investigation into the Administration’s financing of private mining investments. He is an advocate for public lands, transmission and lower energy costs, and keeps a low media profile. Other priorities could include Interior oversight, data-center power demand, permitting reform, critical minerals, and offshore leasing and LNG. 

Ranking Member: Senator Mike Lee (R-UT) is currently the most senior Republican member, but he may move to Judiciary. If so, the top Republican spot would be open. Senator John Barrasso (R-WY) would be next in line by seniority. 

Senate Agriculture, Nutrition, and Forestry Committee 

The Agriculture, Nutrition and Forestry Committee has jurisdiction over agriculture, crop insurance, the farm bill, farm credit, food stamps, food inspection, forestry, nutrition, rural development, and conservation. 

Chair: Senator Sherrod Brown (D-OH), who has won the special election to serve the remaining two years of the term originally won by JD Vance and chaired Banking during the 117th and 118th Congresses, is expected to chair the committee. Outgoing Ranking Member Amy Klobuchar (D-MN) is not returning to Congress, so a top Democratic seat is open.  

Ranking Member: Senator John Boozman (R-AR), the current chair, is expected to remain the top Republican.  

Related Capabilities

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Partner Terri Mascherin to Speak at Illinois State Bar Association Seminar on Negotiation Ethics

On November 11, Partner Terri Mascherin will join a faculty panel for the Illinois State Bar Association (ISBA) continuing legal education (CLE) seminar “Negotiation Ethics: Winning Without Selling Your Soul.”

November 11, 2026

Publications

Partner Emily Loeb Discusses What the 2026 Midterms Mean for Congressional Oversight in the Financial Times

Partner Emily Loeb, co-chair of Jenner & Block’s Congressional Investigations Practice, was quoted in the Financial Times in an article examining how companies are preparing for congressional oversight as the new Congress takes shape following the 2026 midterm elections.

November 4, 2026

Publications

Congressional Oversight after Trump v. United States, Lawfare

Special Counsel David Manners-Weber authored an article for Lawfare examining how the Supreme Court’s 2024 decision in Trump v. United States may weaken Congress’s ability to investigate the executive branch.

 

November 2, 2026

Publications

In Politico, Partner Emily Loeb Discusses How Companies Are Preparing for Congressional Oversight 

Partner Emily Loeb was spoke with Politico for a story examining how companies are preparing for heightened congressional oversight, particularly those that could become the focus of investigations centered on affordability and accountability. 

 

October 29, 2026

Recognition

Partner Katie Wynbrandt Named a 2026 Rising Star by The National Law Journal 

Partner Katie Wynbrandt has been named a 2026 DC Rising Star in the appellate category by The National Law Journal at its DC Legal Awards.

October 26, 2026

Recognition

Partner Adam Unikowsky Named 2026 Appellate Attorney of the Year by The National Law Journal

Partner Adam Unikowsky has been named Appellate Attorney of the Year at The National Law Journal’s 2026 DC Legal Awards.  

 

October 23, 2026