As a federal shutdown hit Day 23, the U.S. Senate couldn’t advance a Republican-backed measure to pay federal employees, military members and contractors who have continued to work.

The bill, known as the Shutdown Fairness Act, needed Democratic support to get past a 60-vote filibuster hurdle. Instead, the vote was 54 to 45, with support from three Democrats.

Both of West Virginia’s senators, Shelley Moore Capito and Jim Justice, had concluded the pay legislation would not move forward even before the vote occurred.

“I don’t think it’s going to happen,” said Capito, a Republican, on MetroNews Talkline.

Capito has consistently expressed support for a continuing resolution to open the government through November.

Democrats want a reversal of changes to Medicaid from the Big Beautiful Bill, an extension of Affordable Care Act subsidies and greater congressional leverage on executive branch financial decisions.

Capito said she would vote for today’s measure to pay federal employees, and she did. “I will be voting in favor of paying our federal employees,” she said. “I certainly will“

In a separate media briefing, Senator Justice also predicted the pay measure would not pass.

“From a pay measure standpoint, I do not think it will pass today,” said Justice, also a Republican.

“I think what will happen is the talks behind closed doors will continue. I really think that ultimately, the leader of the band, President Trump, will surface, and in a really strong way. And then I think we’ll get a resolution of this.”

He went on to say, “You know that when President Trump really, really gets involved it gets involved in a really strong way, we’ll move the dial. We’ll get off this and everything.”

Justice expressed frustration as the shutdown rolls on.

“You know, I’m probably the most impatient guy in town all the time, and and this shutdown to me is the most ridiculous thing on the planet, to be perfectly honest,” he said. “It’s shameful; it’s selfish.”