Senate Parliamentarian's role ignites intense discussion over Trump's legislative proposal
In the Senate, Elizabeth MacDonough has held the pivotal, nonpartisan position of Parliamentarian for well over a decade. This advisory role, filled in 2012 by Senate Majority Leader Harry Reid, entails clarifying the nuances of Senate rules, guidelines, and protocols – plays a crucial part in legislative discussions.
Recently, her decisions have sparked some controversy amongst Republican senators. A key example lies in her advising that specific budget-saving policies won't pass as part of the tax and domestic policy bill, making the bill's passage problematic, especially within the given Fourth of July deadline.
Sen. Markwayne Mullin alleged MacDonough's rejection of specific bill provisions, notably the one that would force states to shoulder more of the Medicaid funding responsibility, appeared "politically motivated." Meanwhile, Sen. Tommy Tuberville had no mercy, imploring her termination on Twitter.
Defenders of MacDonough pointed out that even though they might not support certain rulings, they would still abide by them, rather than vote to overturn them. Sen. Lindsey Graham stated he had no intention of overruling the parliamentarian, and Sen. Josh Hawley argued that Republicans may not have sufficient votes in a chamber where they hold only 53 seats to do so.
The Senate parliamentarian's job is particularly significant in current circumstances, as Republicans aim to pass the massive bill using special budgetary rules, thereby avoiding Democratic filibustering. These rules necessitate achieving a simple 51-vote majority, unlike the usual 60-vote supermajority required without them.
Elizabeth MacDonough's office typically provides guidance to senators during the bill-review process, known as a "Byrd Bath," ensuring that Senate budget rules are used appropriately. In this process, senators are generally prohibited from employing the rules to advance provisions unrelated to spending or taxes.
It's essential to note that Elizabeth MacDonough previously faced the ire of Democrats in 2021, when she declined to allow a federal minimum wage increase in President Joe Biden's stimulus bill, as well as their attempts to include immigration reforms.
Lawmakers have traditionally been hesitant to overrule MacDonough, since this would further undermine the filibuster, a powerful tool that minority parties can use on Capitol Hill. In 2013, Democrats disregarded her guidance to override the filibuster, requiring a simple majority vote instead of a 60-vote supermajority, on approving presidential nominees. In 2017, Republicans did the same to bypass filibusters of Supreme Court nominees.
Senate Majority Leader John Thune gave no indication that the Senate will seek to overrule MacDonough in this case. He explained that like any other hurdle, they would work around it with contingency plans.
Throughout her career, MacDonough has counseled numerous senators, with her historical involvement including advising then-Vice President Al Gore on Senate procedures for ballot counting during the 2000 presidential election. She also provided guidance during the two impeachment trials of President Trump during his first term and during the January 6, 2021, Capitol riots. During the riots, her staff safeguarded the electoral votes.
In essence, Elizabeth MacDonough's role chiefly involves ensuring Senate proceedings adhere to rules and precedents by offering impartial guidance based on the Senate's statutes. Her recent disputes over procedural decisions have placed her at the heart of partisan conflicts, underscoring the tension between parliamentarians' role as gatekeepers and political considerations within the Senate.
Additional Insights:
Senate Parliamentarian Elizabeth MacDonough represents a neutral force in the U.S. Senate, offering advisory support on Senate rules, precedents, and statutes relevant to legislative proceedings. Her position, created in 1935, helps reduce debating time on procedural matters. MacDonough is the first woman to hold the office and the sixth to serve since its founding[1][2].
MacDonough's controversial rulings have led to criticism from some Republican senators, who view her as obstructive or biased. Furthermore, she has drawn controversy by disallowing energy-related provisions aimed at streamlining environmental reviews and limiting litigation[3].
Despite critics' accusations, many stand by her neutrality and the nonpartisan nature of her role[1]. These rulings have been instrumental in preventing laws that could be perceived as overly partisan from entering the legislative process, preserving the legislative balance.
By denying certain provisions, MacDonough has inadvertently impacted various popular agendas that Republicans supported, resulting in tension between the parliamentarian's role and political interests within the Senate.
- The current disputes over Elizabeth MacDonough's procedural decisions in the Senate have positioned her at the center of war-and-conflicts, as her decisions regarding policy-and-legislation bill provisions stir controversy among Republican senators.
- Amidst general-news discussions about the Senate bill-review process, known as a "Byrd Bath," Elizabeth MacDonough's role as a neutral force offering impartial guidance on Senate rules and precedents plays a significant part, ensuring politics in the Senate remain balanced and adhere to existing statutes.
