Latest news with #ByrdRule
Daily Mail
a day ago
- Business
- Daily Mail
The senate referee who could decide the fate of Trump's mega-bill
A rarely-talked-about, unelected bureaucrat within the Senate may have the power to tank President Donald Trump 's big beautiful bill. The Senate Parliamentarian, a position held by Elizabeth MacDonough since 2012, is about to weigh in on whether the House-passed One Big Beautiful Bill Act runs afoul of the upper chamber's rules. The parliamentarian is more often than not an afterthought, typically because their role is to be the Senate's hall monitor, essentially making sure mundane processes on the floor are adhered to. However, the parliamentarian is thrust into the spotlight every time senators try to pass a bill through budget reconciliation, a process that allows the Senate to pass items with a simple majority instead of the usual 60 votes needed to overcome the filibuster. Since Trump's big beautiful bill is going through reconciliation, MacDonough has the power to veto certain provisions that she feels aren't related to the budget or are solely policy objectives. The appeal of the reconciliation process is obvious. Since Republicans control 53 seats in the Senate, a united GOP can essentially pass the bill without input from a single Democratic senator. The catch is, MacDonough can pick and choose which line items in the bill need to be slashed with red ink. She will be responsible for interpreting whether the Big Beautiful Bill complies with something called the Byrd Rule, which has been around since 1985. The Byrd Rule is named after the late Sen. Robert Byrd, who was a key figure in instituting the guardrails around reconciliation packages like the one Trump is trying to ram through. The most important facet of the Byrd Rule states that reconciliation bills cannot have provisions in them that don't have an effect on the budget. Put simply, if a provision doesn't meaningfully increase or decrease federal spending, it can be considered extraneous and be tossed out of the bill. The Byrd Rule also prohibits reconciliation bills from overhauling Social Security or increasing the deficit for a fiscal year not included in the bill's purview. The test to see whether a bill complies with the rule has been referred to as the 'Byrd Bath.' MacDonough last used the 'Byrd Bath' to water down President Joe Biden's Build Back Better package in 2022. Specifically, she struck down three separate attempts by the Democrats to provide a pathway to citizenship for eight million immigrants living in the United States illegally. Now, she's in the position to take a major bite out of Trump's agenda, though its not entirely clear what she might take aim at. Many have speculated MacDonough will rule against a provision buried deep within the bill that will upend the US judicial system. Section 70302 of the bill would severely limit the power of federal courts to enforce injunctions or hold government officials in contempt. This comes as federal judges have slapped the second Trump administration with an unprecedented 25 nationwide injunctions in its first 100 days , most of which curtailed the government's ability to deport illegal migrants. During a townhall on Friday, Sen. Joni Ernst, R-Iowa, told a constituent that she believed this provision has no chance of getting through the Senate. 'I don't see any argument that could ever be made that this affects mandatory spending or revenues, so I just don't see that I don't see that getting into the Senate bills,' Ernst said. The big beautiful bill also contains a section that prohibits Medicaid funds from going to any clinic that provides abortions. Back in 2017, the parliamentarian found that a similar provision in a reconciliation bill violated the Byrd Rule, which could mean she'll strike it down again this time. The current bill's regulations on AI could also be cast aside in the impending Byrd Bath. There is precedent for the Senate simply ignoring the parliamentarian. The declarations of MacDonough and all the other parliamentarians before her have been non-binding and lacking in actual enforcement power. Just two weeks ago, the Senate voted 51-44 to repeal a federal waiver that allowed California to institute an electric vehicle mandate, completely disregarding the parliamentarian's guidance on the issue. Democrats condemned the move by Republicans, with Senate Minority Leader Chuck Schumer saying, 'Republicans, I believe, I am certain, will come to regret the ill-considered step they take tonight.' Going back a bit further, there is also precedent of Senate leaders getting rid of the parliamentarian over disagreements on the Byrd Rule. On May 7, 2001, then-Senate Majority Leader Trent Lott, R-Miss., fired the parliamentarian at the time, Robert Dove, because he was getting in the way of President George W. Bush's budget bill. Exactly one month later, with a new parliamentarian in place, Bush was able to sign his first landmark tax cut into law. This scenario appears unlikely to repeat, since Senate Majority Leader John Thune has indicated that he isn't even willing to overrule the parliamentarian, let alone fire her. 'We're not going there,' Thune told reporters on Monday.
Daily Mail
a day ago
- Business
- Daily Mail
The powerful politician no one's heard of who can torpedo Trump's 'Big Beautiful Bill'
A rarely-talked-about, unelected bureaucrat within the Senate may have the power to tank President Donald Trump 's big beautiful bill. The Senate Parliamentarian, a position held by Elizabeth MacDonough since 2012, is about to weigh in on whether the House-passed One Big Beautiful Bill Act runs afoul of the upper chamber's rules. The parliamentarian is more often than not an afterthought, typically because their role is to be the Senate's hall monitor, essentially making sure mundane processes on the floor are adhered to. However, the parliamentarian is thrust into the spotlight every time senators try to pass a bill through budget reconciliation, a process that allows the Senate to pass items with a simple majority instead of the usual 60 votes needed to overcome the filibuster. Since Trump's big beautiful bill is going through reconciliation, MacDonough has the power to veto certain provisions that she feels aren't related to the budget or are solely policy objectives. The appeal of the reconciliation process is obvious. Since Republicans control 53 seats in the Senate, a united GOP can essentially pass the bill without input from a single Democratic senator. The catch is, MacDonough can pick and choose which line items in the bill need to be slashed with red ink. She will be responsible for interpreting whether the Big Beautiful Bill complies with something called the Byrd Rule, which has been around since 1985. If MacDonough decides to exercise her veto power, key provisions of President Donald Trump's Big Beautiful Bill could be deleted The Byrd Rule is named after the late Sen. Robert Byrd, who was a key figure in instituting the guardrails around reconciliation packages like the one Trump is trying to ram through. The most important facet of the Byrd Rule states that reconciliation bills cannot have provisions in them that don't have an effect on the budget. Put simply, if a provision doesn't meaningfully increase or decrease federal spending, it can be considered extraneous and be tossed out of the bill. The Byrd Rule also prohibits reconciliation bills from overhauling Social Security or increasing the deficit for a fiscal year not included in the bill's purview. The test to see whether a bill complies with the rule has been referred to as the 'Byrd Bath.' MacDonough last used the 'Byrd Bath' to water down President Joe Biden's Build Back Better package in 2022. Specifically, she struck down three separate attempts by the Democrats to provide a pathway to citizenship for eight million immigrants living in the United States illegally. Now, she's in the position to take a major bite out of Trump's agenda, though its not entirely clear what she might take aim at. Many have speculated MacDonough will rule against a provision buried deep within the bill that will upend the US judicial system. Section 70302 of the bill would severely limit the power of federal courts to enforce injunctions or hold government officials in contempt. This comes as federal judges have slapped the second Trump administration with an unprecedented 25 nationwide injunctions in its first 100 days, most of which curtailed the government's ability to deport illegal migrants. During a townhall on Friday, Sen. Joni Ernst, R-Iowa, told a constituent that she believed this provision has no chance of getting through the Senate. 'I don't see any argument that could ever be made that this affects mandatory spending or revenues, so I just don't see that I don't see that getting into the Senate bills,' Ernst said. The big beautiful bill also contains a section that prohibits Medicaid funds from going to any clinic that provides abortions. Back in 2017, the parliamentarian found that a similar provision in a reconciliation bill violated the Byrd Rule, which could mean she'll strike it down again this time. The current bill's regulations on AI could also be cast aside in the impending Byrd Bath. There is precedent for firing the parliamentarian. In May 2001, then-Senate Majority Leader Trent Lott, R-Miss. (left), fired the parliamentarian at the time, Robert Dove (right), because he was getting in the way of President George W. Bush's budget bill There is precedent for the Senate simply ignoring the parliamentarian. The declarations of MacDonough and all the other parliamentarians before her have been non-binding and lacking in actual enforcement power. Just two weeks ago, the Senate voted 51-44 to repeal a federal waiver that allowed California to institute an electric vehicle mandate, completely disregarding the parliamentarian's guidance on the issue. Democrats condemned the move by Republicans, with Senate Minority Leader Chuck Schumer saying, 'Republicans, I believe, I am certain, will come to regret the ill-considered step they take tonight.' Going back a bit further, there is also precedent of Senate leaders getting rid of the parliamentarian over disagreements on the Byrd Rule. On May 7, 2001, then-Senate Majority Leader Trent Lott, R-Miss., fired the parliamentarian at the time, Robert Dove, because he was getting in the way of President George W. Bush's budget bill. Exactly one month later, with a new parliamentarian in place, Bush was able to sign his first landmark tax cut into law. This scenario appears unlikely to repeat, since Senate Majority Leader John Thune has indicated that he isn't even willing to overrule the parliamentarian, let alone fire her. 'We're not going there,' Thune told reporters on Monday.
Epoch Times
a day ago
- Business
- Epoch Times
Big Beautiful Bill Provisions That Could Be Stripped Out in the Senate
With the 'One Big Beautiful Bill' pending before the Senate, several provisions may be stripped out in what is known as a 'Byrd Bath.' The Byrd Rule, named for the late Sen. Robert Byrd ( restricts reconciliation bills, like the one the congressional GOP is looking to pass, to deal with matters related to the budget.
Yahoo
a day ago
- Business
- Yahoo
Senate parliamentarian will have final say on some provisions in Trump's funding bill
No one elected her and you don't hear much about her, but she's about to be one of the most important people on Capitol Hill. Senate Parliamentarian Elizabeth MacDonough can usually be seen perched atop the Senate dais, helping to make sure the Senate floor runs according to the rules. But she's about to step into the role as arbiter of the Senate's reconciliation package, where she'll have the final say in whether a number of key provisions in the House-passed One Big Beautiful Bill Act are in keeping with the Senate's rules. Senate Republicans want to make changes to the bill the House passed by a single vote and sent to them. But Senate rules could force a number of changes they find less desirable, too. A veto of any provision by MacDonough could mean major parts of the package are thrown to the wayside, so her rulings will be watched closely by Democrats and Republicans alike in the coming weeks. MORE: Trump's funding bill runs into Senate GOP fiscal hawks MacDonough is responsible for making calls on whether the provisions in the bill are in keeping with the Byrd Rule, named after the late Sen. Robert Byrd, who helped institute the rules governing budget reconciliation packages like President Donald Trump's "one big, beautiful bill." MacDonough has been parliamentarian since 2012 after serving as senior assistant parliamentarian for 10 years. She is the first woman to fill the job since it was created in 1935. She was called to make several rulings when Democrats used reconciliation to get then-President Joe Biden's Inflation Reduction Act passed in 2022 as well as the COVID relief package the year before. She also advised Chief Justice John Roberts during Trump's impeachment trials. In order for the Senate to use the reconciliation process, which allows it to pass budget packages like this with a simple majority of votes instead of the usual 60 necessary to overcome the Senate's filibuster, everything in the bill must follow the Byrd Rule. In the Senate, the process of the Budget Committee reviewing the bill and the parliamentarian to make sure it's up to snuff is sometimes referred to cheekily as the "Byrd Bath." So what are the rules? The Byrd Rule bars the Senate from including any "extraneous provisions" in budget bills. Anything in the bill, according to the rule, should be necessary to implement the underlying budget resolution that Congress already passed. Simply stated: If a policy provision doesn't have an effect on the budget, it can't be included. Even budget changes that are "merely incidental" to policy provisions are considered out of order. MORE: Trump administration live updates Now, things are always a bit more complicated in the Senate. The Byrd rule also prohibits Congress from touching Social Security in a reconciliation bill, from increasing the deficit for a fiscal year beyond the period included in the bill, and more. But its basic form is this: everything in the bill must be related to the budget. It may seem in the weeds, but this review process can have meaningful impacts on reconciliation bills. In the Democrat-backed "Build Back Better" package in 2022, for example, the parliamentarian struck a number of provisions Democrats wanted focused on immigration reform. Democrats ended up having to give up those provisions to pass their package under then-President Joe Biden. Big policy agenda items that are critical to some Republicans in the One Big Beautiful Bill Act could in theory be slashed out by the parliamentarian, so the process matters. There are a number of provisions facing a tenuous path in the Senate because of the Byrd Rule. Democrats are already vowing to fight policies they say are out of order. "In the Senate, our committees have been working overtime to prepare for the Byrd Bath, targeting the litany of policies included in the Republican plan that are in clear violation of the reconciliation rules and in some cases, an assault on our very democracy," Senate Minority Leader Chuck Schumer wrote in a letter to his colleagues Sunday night. We'll ultimately have to wait for MacDonough to rule, but if it sounds like policy and not budget, it might be at risk. Here are a few provisions in the House-passed bill that appear to be potentially at risk of being struck out by the parliamentarian. This is not an exhaustive list and doesn't account for things that Senate Republicans might want to change or remove from the bill: AI regulations: The House bill includes language that prohibits state and local governments from enforcing "any law or regulation regulating artificial intelligence models, artificial intelligence systems, or automated decision systems" over a 10-year period. Federal court provisions: The bill creates a new requirement that could restrict how parties suing the federal government get relief in court. Sen. Joni Ernst, R-Iowa, as recently as Friday suggested at a town hall, when pressed by a constituent about the provision, that it likely wouldn't pass muster in the Byrd Bath. "I don't see any argument that could ever be made that this affects mandatory spending or revenues, so I just don't see that I don't see that getting into the Senate bills," Ernst said then. Planned Parenthood funding ban: The House bill includes a provision that would ban Medicaid funding to Planned Parenthood if it provides abortion services. The parliamentarian stripped a similar provision from a 2017 reconciliation package. It stands to reason she could rule similarly this go-round. Senate parliamentarian will have final say on some provisions in Trump's funding bill originally appeared on
a day ago
- Business
Senate parliamentarian will have final say on some provisions in Trump's funding bill
No one elected her and you don't hear much about her, but she's about to be one of the most important people on Capitol Hill. Senate Parliamentarian Elizabeth MacDonough can usually be seen perched atop the Senate dais, helping to make sure the Senate floor runs according to the rules. But she's about to step into the role as arbiter of the Senate's reconciliation package, where she'll have the final say in whether a number of key provisions in the House-passed One Big Beautiful Bill Act are in keeping with the Senate's rules. Senate Republicans want to make changes to the bill the House passed by a single vote and sent to them. But Senate rules could force a number of changes they find less desirable, too. A veto of any provision by MacDonough could mean major parts of the package are thrown to the wayside, so her rulings will be watched closely by Democrats and Republicans alike in the coming weeks. MacDonough is responsible for making calls on whether the provisions in the bill are in keeping with the Byrd Rule, named after the late Sen. Robert Byrd, who helped institute the rules governing budget reconciliation packages like President Donald Trump's "one big, beautiful bill." MacDonough has been parliamentarian since 2012 after serving as senior assistant parliamentarian for 10 years. She is the first woman to fill the job since it was created in 1935. She was called to make several rulings when Democrats used reconciliation to get then-President Joe Biden's Inflation Reduction Act passed in 2022 as well as the COVID relief package the year before. She also advised Chief Justice John Roberts during Trump's impeachment trials. The Byrd Rule In order for the Senate to use the reconciliation process, which allows it to pass budget packages like this with a simple majority of votes instead of the usual 60 necessary to overcome the Senate's filibuster, everything in the bill must follow the Byrd Rule. In the Senate, the process of the Budget Committee reviewing the bill and the parliamentarian to make sure it's up to snuff is sometimes referred to cheekily as the "Byrd Bath." So what are the rules? The Byrd Rule bars the Senate from including any "extraneous provisions" in budget bills. Anything in the bill, according to the rule, should be necessary to implement the underlying budget resolution that Congress already passed. Simply stated: If a policy provision doesn't have an effect on the budget, it can't be included. Even budget changes that are "merely incidental" to policy provisions are considered out of order. Now, things are always a bit more complicated in the Senate. The Byrd rule also prohibits Congress from touching Social Security in a reconciliation bill, from increasing the deficit for a fiscal year beyond the period included in the bill, and more. But its basic form is this: everything in the bill must be related to the budget. It may seem in the weeds, but this review process can have meaningful impacts on reconciliation bills. In the Democrat-backed "Build Back Better" package in 2022, for example, the parliamentarian struck a number of provisions Democrats wanted focused on immigration reform. Democrats ended up having to give up those provisions to pass their package under then-President Joe Biden. Big policy agenda items that are critical to some Republicans in the One Big Beautiful Bill Act could in theory be slashed out by the parliamentarian, so the process matters. What does it mean for Trump's megabill? There are a number of provisions facing a tenuous path in the Senate because of the Byrd Rule. Democrats are already vowing to fight policies they say are out of order. "In the Senate, our committees have been working overtime to prepare for the Byrd Bath, targeting the litany of policies included in the Republican plan that are in clear violation of the reconciliation rules and in some cases, an assault on our very democracy," Senate Minority Leader Chuck Schumer wrote in a letter to his colleagues Sunday night. We'll ultimately have to wait for MacDonough to rule, but if it sounds like policy and not budget, it might be at risk. Here are a few provisions in the House-passed bill that appear to be potentially at risk of being struck out by the parliamentarian. This is not an exhaustive list and doesn't account for things that Senate Republicans might want to change or remove from the bill: AI regulations: The House bill includes language that prohibits state and local governments from enforcing "any law or regulation regulating artificial intelligence models, artificial intelligence systems, or automated decision systems" over a 10-year period. Federal court provisions: The bill creates a new requirement that could restrict how parties suing the federal government get relief in court. Sen. Joni Ernst, R-Iowa, as recently as Friday suggested at a town hall, when pressed by a constituent about the provision, that it likely wouldn't pass muster in the Byrd Bath. "I don't see any argument that could ever be made that this affects mandatory spending or revenues, so I just don't see that I don't see that getting into the Senate bills," Ernst said then. Planned Parenthood funding ban: The House bill includes a provision that would ban Medicaid funding to Planned Parenthood if it provides abortion services. The parliamentarian stripped a similar provision from a 2017 reconciliation package. It stands to reason she could rule similarly this go-round.
