After hours of delay due to a house sit-in by House Democrats,the House of Representatives failed late Wednesday night tooverride a presidential veto on a resolution to nullify theDepartment of Labor’s fiduciaryrule.

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Related: See the DOL Fiduciary Rule page

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House Democrats began their sit-in before noon Wednesday toforce a vote on gun control legislation. House Republicans managedto break the sit-in long enough to vote on the override, whichpassed on a party-line vote of 239-180, but fell short of thetwo-thirds vote needed to override the president’s veto.

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Related: Tech budgets likely to rise to comply withDOL fiduciary rule

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“The outcome of the vote was fully expected,” Skip Schweiss,managing director of advocacy at TD Ameritrade Institutional, toldThinkAdvisor. “The president holds the veto pen, and the regulationwill remain in place until and unless a court decides otherwise,”said Schweiss, who was on Capitol Hill Wednesday lobbying with 100other members of the Financial Planning Association. “We don’t puthigh probability on that happening. Financial advice providers ofall stripes need to focus on implementation, compliance andaddressing opportunities in the post-DOL rule world.”

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Micah Hauptman, financial services counsel with the ConsumerFederation of America, agreed that failure of the override wasinevitable.

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“It was clear what the results would be,” he said. “We knew howthe vote would turn out. I don’t expect members to suddenly switchtheir positions; if they do they’ll have some serious explaining todo.” The override attempt, Hauptman added, is just “anotheropportunity for those who oppose [the DOL rule] to register theiropposition again.”

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Indeed, opposition to DOL’s fiduciary rule will be “a multi-yearlong fight because the opponents have made clear they will stop atnothing to kill this rule or neuter it in any possible way theycan.”

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The DOL fiduciary rule, Hauptman argued, “could be the nextObamacare where every few months,members reiterate how strongly they oppose this rule.”

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Next up are likely attempts to insert a policy rider on aspending or budget bill to defund DOL’s rule, Hauptman continued,as well as attempts “to delay implementation” of the rule.

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Other “backstops,” Hauptman said, could be a court granting apreliminary injunction, as well as a string of bills offering“technical” fixes to the rule, “like what we’ve seen in theDodd-Frank context … to chip away and open a loophole in therule.”

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Five lawsuits have been filed against DOL’s rule. DOL filed amotion Friday requesting that the threelawsuits pending in the U.S. District Court for the NorthernDistrict of Texas be consolidated; the plaintiffs agreed toconsolidation but insisted that each of the cases be allowed to“retain their separate identities” and move forward“expeditiously.”

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Rep. Ann Wagner, R-Mo., noted in her prepared Wednesday floorremarks that "the administration calls it the 'fiduciary rule,' butit is really just Obamacare for Americans’ savings accounts, andanother power grab by Washington bureaucrats to control ourretirement savings. You see, this rule will make financialadvice more costly and less available to millions of middle-incomeworkers and retirees. With a number of organizations already incourt making their case why this rule is unworkable, it’s clearthat jobs are on the line, and more importantly, families will loseaccess to sound professional financial advice."

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Melanie Waddell

Melanie is senior editor and Washington bureau chief of ThinkAdvisor. Her ThinkAdvisor coverage zeros in on how politics, policy, legislation and regulations affect the investment advisory space. Melanie’s coverage has been cited in various lawmakers’ reports, letters and bills, and in the Labor Department’s fiduciary rule in 2023. In 2019, Melanie received an Honorable Mention, Range of Work by a Single Author award from @Folio. Melanie joined Investment Advisor magazine as New York bureau chief in 2000. She has been a columnist since 2002. She started her career in Washington in 1994, covering financial issues at American Banker. Since 1997, Melanie has been covering investment-related issues, holding senior editorial positions at American Banker publications in both Washington and New York. Briefly, she was content chief for Internet Capital Group’s EFinancialWorld in New York and wrote freelance articles for Institutional Investor. Melanie holds a bachelor’s degree in English from Towson University. She interned at The Baltimore Sun and its suburban edition.