At noon on January 3, 2017, the terms of the current members of the Senate’s Class III will come to an end. At that point, the Senate consists of 66 sitting senators, and we would ordinarily expect Vice President Joe Biden, in his capacity as Senate president (in which role he continues to serve until noon on January 20th), to begin swearing in the senators-elect of the new Class III.
But when Biden looks out over the Senate floor—in what will likely be one of his last official acts—he’ll see 66 currently sworn and serving senators, 34 of whom will be Democrats, two who are independents, and 30 who are Republicans. At that moment you might wonder, then, just who constitutes the “majority,” and therefore who the Majority Leader actually is. In fact, as the numbers tell us, Democrats will make up the majority of the Senate, and their leader might arguably be entitled to preferential recognition.
Suppose Biden instead chooses to recognize the sitting Democrats as the majority, that being the then-current truth of the matter? And suppose, therefore, he chose to recognize the Democratic floor leader first?