How the 2026 Midterm Elections Could Affect Business Policy and Regulation

A Democratic takeover of Congress could bring more gridlock and oversight, but limited policy changes. Here's what executives should expect on tariffs, AI regulation, healthcare costs and energy infrastructure.

Key Highlights

  • Divided government could prolong policy uncertainty. If Democrats gain control of one or both chambers in the 2026 midterms, President Trump's veto power would limit major legislative changes while giving Democrats greater ability to block administration priorities.
  • Tariff policy and the war in Iran would remain largely under presidential control. A Democratic Congress could increase scrutiny but would face significant obstacles to changing the administration's direction.
  • AI regulation could become a bigger congressional priority. Democrats are likely to push for stronger oversight, potentially creating opportunities for bipartisan legislation despite resistance from the White House.
  • Healthcare affordability and energy permitting reform offer potential areas for compromise. Rising insurance costs and growing electricity demand could encourage targeted legislation, although major reforms remain unlikely.
  • Executives should prepare for continued political uncertainty. Building relationships with lawmakers in both parties and avoiding investment decisions that depend on major policy reversals could help businesses navigate the next two years.

If Democrats win big in next month’s midterm elections, expect legislative gridlock, more Congressional oversight and continued uncertainty.

The Republican-led U.S. House is almost guaranteed to flip in November, with Democrats projected to win a majority of seats. The Senate, also led by Republicans, could change hands, though that’s more of a long shot.

Regardless of whether Democrats win one chamber or both in the midterms, the party won’t be able to pursue all its objectives; after all, Republican President Donald Trump would still be at the helm of the White House with his presidential and veto power.

But Democrats will be in a position to block or modify some of what the administration wants to do, though their reach has limits.

What divided government could mean for business after the 2026 midterms 

Democrats will likely use the next two years to shore up issues for the 2028 election cycle, said Brandon Rottinghaus, a political science professor at the University of Houston and author of Scandal: Why Politicians Survive Controversy in a Partisan Era.

“The practical business strategy should emphasize resilience to divided government. Major investments shouldn't assume that Congress will reverse the Trump administration's policies. It should assume that things will likely be either held back, in limbo or simply ignored,” he said.

While we don’t have a crystal ball (it’s on our wish list), we’ve broken down how a change in power could affect business dynamics related to the war in Iran, tariffs, data centers and AI, healthcare affordability and permitting reform.

How could a Democratic Congress affect the war in Iran?

The Republican-led House had no luck compelling the president to end the War in Iran or require Congress’ sign-off to keep the war going, and a Democratic Congress won’t either.

If anything, the end of election season makes it easier for the president to keep the war going. He will no longer feel pressure to make the war go away, like the temptation to ease issues like high oil and gas prices to help Republicans in the midterms. Instead, Trump can continue to pressure Iran without an immediate deadline.

“The president, at this point, has little incentive to end the conflict under anything but very favorable circumstances for the United States, and it's not clear that Iran can continue two more years like the past six months,” said Mark Jones, political science fellow at Rice University’s Baker Institute. 

Why a Democratic Congress is unlikely to reverse Trump's tariffs

Democrats can't do much to change the direction of the president’s tariff strategy. Although Congress has constitutional authority over tariffs, it has delegated significant power to the president. To reverse that course, lawmakers would likely have to pass legislation the president is unlikely to sign. With their hands tied, Democrats may see a political advantage in letting the president continue pushing tariffs amid high inflation and supply chain issues, as the economic fallout could strengthen their case for changing presidential leadership in 2028. Congress can also influence how tariff revenue is spent, but its ability to directly change the administration's strategy remains limited.

Could divided government lead to stronger AI regulation?

Republicans are more apt to leave AI alone, while Democrats are more likely to call for AI regulation. But the issue matters to voters. Expect hearings and ideas about regulation going forward, with Democrats pushing uncomfortable legislation on Republicans, who are pinned between their constituents’ concerns about AI and the president’s stance that AI tech companies police themselves.  

It’s the kind of issue that could gain enough traction for Congress to override a presidential veto.

How congressional control could affect data center development

While Democrats are more likely to restrict data center development, states and local governments (rather than the federal government) handle regulation more directly. 

Healthcare affordability could create an opening for bipartisan legislation

With rising costs and affordability central concerns among voters, healthcare premiums are expected to climb again next year for employers and consumers. Democrats want to revisit health care, specifically through social programs such as expanding Medicare coverage.

While Republicans oppose expansions like Medicare for all, the chambers have an opportunity to thread the needle and develop modest health care affordability legislation with more populist appeal that the president could support.

Why energy permitting reform faces continued obstacles in Congress

Growing energy demands, driven largely by AI, have underscored the need to streamline federal permitting to make room for additional electrical infrastructure. Even in a Republican Congress with bipartisan support, lawmakers have been unable to advance meaningful permitting reform so far this term.

The problem is a PR one: reform would streamline projects like data centers, which are unpopular among voters (note, it could speed up clean energy projects, too). A bipartisan group of lawmakers is poised to hammer out reform details after the election in hopes of passing it before a new Congress is sworn in. Democrats are unlikely to prioritize major reform on their own, although they could pick some low-hanging fruit.  

How executives should prepare for a shift in congressional power

This may be a time to assess your governmental relationships. Executives accustomed to dealing with Republican leadership should make sure they have substantial relationships with potential Democratic committee chairs, said Rottinghaus.

Regardless of which party comes out on top in November, the closeness of elections moving forward highlights the necessity for business leaders to develop relationships across the aisle.

“That’s going to be the way it is for a while,” he said.

About the Author

Andrea Zelinski

Andrea Zelinski

Contributor

Andrea Zelinski is an award-winning freelance journalist with a passion for translating complex issues, trends and strategies into clear, engaging content to help people improve their businesses and their lives. 

She spent 15 years as a political reporter covering state governments in Illinois, Tennessee and Texas, reporting from the halls of state capitols for publications including Texas Monthly, the Houston Chronicle and the San Antonio Express-News. In 2021, she shifted her focus to business journalism, joining Travel Weekly as senior cruise editor, where she covered the travel industry’s recovery from the COVID-19 pandemic. 

When not reporting, Andrea is probably hiking. Known for embracing ambitious challenges, she hiked the entire Appalachian Trail in 2020 and the Pacific Crest Trail in 2025. 

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