Senate Expert: Byrd Rule Can Be An Effective Weapon Against Reconciliation
Does the GOP Senate leadership’s strategy to stall reform — bleed reconciliation to death by using the Byrd rule — have any prayer of succeeding?
I just got off the phone with a former Senate parliamentarian. Bottom line: The Byrd rule can be — and repeatedly has been — successfully used to strip individual provisions out of reconciliation measures, forcing them back to the House for additional votes. By all indications, Dems are prepared for this. But they should really be prepared.
Robert Dove, Senate parliamentarian from 1981-1987, declined to discuss the current GOP strategy. But he said that in theory, the Byrd rule is an effective weapon against reconciliation, allowing the opposition to strip individual measures out of such bills on the grounds that they are policy, not budgetary, fixes.
“I stripped 300 out of a 1995 reconciliation bill,” Dove said. He confirmed that if even one provision is ruled by the parliamentarian to be a violation and is successfully stripped from a reconciliation bill, “it absolutely has to go back to the House.”
Dove also confirmed that it requires 60 votes to waive the Byrd rule, as Republicans have argued, meaning that Republicans will be able to mount numerous challenges. “It’s impossible to waive it without 60 votes,” Dove said.
What of the Democratic argument that the chair of the proceedings — Joe Biden, perhaps — can ignore it if the parliamentarian does strip a provision from the bill? It’s theoretically possible, Dove said, but there’s no precedent for it: “It has not ever happened.”
What does this mean? Well, the Dem Senate leadership is going to have to produce a bulletproof reconcilation bill. They know this, are proceeding accordingly, and expect to succeed. And they very well may: The fact the GOP is telegraphing its strategy so aggressively — allowing Dems to prepare for it — suggests it’s entirely about sowing confusion and frightening House Dems into believing the reconcilation fix will fail.
Still, it’s not inconceivable that the GOP could gum up the works, if the parliamentarian agrees with them on a single provision and the chair for some reason is hesitant to override him. Probably a good idea for Dems not to be too smug about this.
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