Scoop: Internal Dem fight brews over rail safety bill
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Senate Minority Leader Chuck Schumer, D-N.Y., speaks as Sen. Sherrod Brown, D-Ohio, listens during a press conference. (Photo By Bill Clark/CQ Roll Call)
One of the Senate's most vulnerable Democrats, Sherrod Brown (Ohio), is pointing the finger at Majority Leader Chuck Schumer (D-N.Y.) for the lack of progress on landmark rail safety legislation, Axios has learned.
Why it matters: Brown, who is in a fierce fight to keep his seat from flipping to Republicans, is taking the rare step of publicly splitting with Senate Democratic leadership to push for action on the rail safety measure, which has resonance in his home state.
- Schumer has opted not to put the bill on the floor, doubting that there is enough GOP support for it to pass.
- But Brown disagrees: "Put it on the floor and let us see," he told Axios. "Schumer needs to change his mind and schedule it."
- Brown co-sponsored the rail safety legislation, which was introduced after last year's derailment in East Palestine, Ohio. It would overhaul requirements for trains carrying hazardous materials and mandate minimum two-person train crews.
Between the lines: Even if it lacked the support to advance, just getting a floor vote on the rail safety bill would be a potential boost to Brown and other Democratic senators running for re-election.
- The issue is also big for Sen. Bob Casey (D-Pa.), who is also in a competitive race and whose state was impacted by the East Palestine derailment.
- Casey, for his part, told Axios that he has "not seen evidence" that there are enough Republicans who support the bill for it to pass.
- Sens. Ted Cruz (R-Texas) and John Thune (R-S.D.) were among the notable critics last year.
Yes, but: There's also the possibility that Democratic leadership doesn't want to hand a win to Sen. JD Vance (R-Ohio), who spearheaded the bill with Brown and who is now the GOP's vice presidential nominee.
- Brown brushed aside the political considerations, though: "I've worked on this issue before anybody had heard of JD Vance outside Ohio."
- And floor time before the November election is limited. The Senate is set to be on recess all of August, return after Labor Day and then break again until Nov. 5.
- A Schumer spokesperson told Axios that the majority leader is working to get ten Republican votes for the measure, which a Democratic leadership source said Republican leadership had objections to as well.
The big picture: Schumer spent most of the early part of the summer holding "show votes" on items that had no chance of passing but were meant to force Republicans into tough positions.
- Reproductive rights and gun control — two of the Democrats' top campaign issues — were among the topics he focused on.
Catch up quick: The East Palestine derailment forced thousands to evacuate and posed long-term health and environment threats after Norfolk Southern released and burned the toxic vinyl chloride.
- Norfolk Southern reached a $310 million settlement with the Environmental Protection Agency in May.

