The effort to ban congressional stock trading has gained steam in recent months.
Lawmakers on both sides of the aisle have introduced a range of bills tackling the issue, as congressional leadership has supported the idea in principle.
Why Now?
The interest in members’ stock trading is a recent phenomenon. Members of Congress are required to file financial disclosures that detail their assets, including their stock portfolios. With the internet, online activists, traders, and others have been able to track in near-real-time the trades made by members.The issue that arises is the public’s perception of a conflict of interest. As persons vested by the Constitution with legislative power, members have great ability to influence markets and stock prices with the way they vote. Their position also gives them access to privileged information, be it government data or political knowledge, that may also influence markets. The concern is that members may use this information for their self-interest, to make money through trading that is unfair at best, or akin to “insider trading” at worst.
“[The American people] do not send us here to enrich ourselves while we are voting on the issues they send us here to fix and address, and then have members trading stocks on [those] very issues. They’re supposed to be voting on an objective basis for the American people,” Rep. Chip Roy (R-Texas), one of the leading proponents of a ban among Republicans, said at a press conference on Sept. 3.
Rep Alexandria Ocasio-Cortez (D-N.Y.) said at that same press conference: “People should feel that their elected representatives put them, and their interest, first. We don’t need to sell the American people on this. ... I want to thank Congressman Roy for [efforts] to move this forward.”
What Bills Are on the Table?
Several bills to ban stock trading have been introduced in the Senate and House during the 119th Congress, each with varying degrees of support. None have received the formal endorsement of the leadership of either chamber, or from President Donald Trump, who would have to sign any such bill into law.“This thing ain’t gonna pass,” Burchett said at a press conference after that hearing. “If we’re going to pass something in the House, the Senate will either (1) not take it up or (2) come back in righteous indignation and say, ‘We need to make this stronger.‘ Something totally ridiculous and send it back to us. This is a scam that’s being played on the American public. I realize what we’re up against. ... We’re in committee meetings. We hear things before y’all do.”
In multiple previous Congresses, efforts to ban stock trading have failed despite a great deal of backbench support.
What’s the Opposing Argument?
There is no overt opposition to the effort, though proponents suggest that the other side is quiet due to the popularity of the issue, with members allegedly seeking to internally thwart the effort. No opponents of the idea have been publicly named or alleged, so the matter is the subject of speculation.Johnson, however, has granted credence to some opposing arguments. He has cited the long working hours, intensity of work and travel, and fixed pay of members as being a reason to allow them to have additional sources of income, such as from stock trading.
“The counter argument, and I have some sympathy, is: At least let them engage in some stock trading, so that they can continue to take care of their family,” Johnson added, though he said he still supported the ban in principle.
Others have argued that a ban would be unfair to members in a free market.
“We are a free market economy. [Members] should be able to participate in [trades],” said Pelosi.







