Does the GOP have enough votes?
Sen. Lindsey Graham, R-S.C., is expected to break with fellow Republicans to vote against repealing the CFPB's arbitration rule.
The House, with a large Republican majority, was able to pass a Congressional Review Act measure to reverse the arbitration rule relatively easily. But the Senate is a different story.
Any vote will be close. With Democrats likely to oppose overturning the arbitration rule, Republicans need to rely on their slim four-vote majority in the Senate. Attention is focused on key GOP votes that are needed to maintain a margin of victory.
Sen. Lindsey Graham, R-S.C., has made clear he will not support legislation to overturn the rule and it is unclear how Sen. John Kennedy, R-La., will vote. He has previously only said that he is reviewing the issue.
If Graham and Kennedy both vote against the Congressional Review Act measure, then the window for a legislative victory is even slimmer.
Meanwhile, health issues for certain lawmakers have made it challenging for Republicans even to get their entire caucus in Washington.
Sen. John McCain, R-Ariz., was diagnosed with brain cancer in July and has been receiving treatment in Arizona. Sen. Thad Cochran, R-Miss., has also had medical problems and has been recuperating in Mississippi. The timing of their attendance has been critical to determining when a vote could occur. Both are in Washington this week, making it likely that Senate Majority Leader Mitch McConnell, R-Ky., will push for a vote.
If the vote breakdown looks even, Republicans could look to Vice President Mike Pence to cast a tie-breaking vote.
But the GOP appeared to have another ace up its sleeve. With questions looming about whether the GOP would have full attendance for a vote, the same question came up for Democrats, who need their full caucus to vote against the measure. The minority reportedly may be without Sen. Bob Menendez, D-N.J., who is back in his home state fighting corruption charges. But some thought Mendendez might make it back in time.
Lobbyists and GOP aids have indicated that McConnell would not bring a vote to the floor unless he was certain the Congressional Review Act to overturn the CFPB rule had enough support to pass, so if it is brought up for a vote, it seems likely it will pass.