The nonpartisan official in charge of interpreting Senate rules regarding floor procedures and legislation.
Under Pressure
Congress’ recent use of budget reconciliation to advance President Trump’s spending and policy priorities has elevated the role and visibility of the Senate parliamentarian. With a third reconciliation package under consideration, this one encompassing $95 billion in defense spending, farm aid, and voting restrictions enforcement, the Senate parliamentarian has again emerged as one of Washington’s most consequential figures.
The parliamentarian is appointed by the Senate Majority Leader and serves as the chamber’s nonpartisan rules referee. They interpret Senate procedures, refer legislation to committees of jurisdiction, and determine which provisions are permissible under reconciliation. That final function, applying the Byrd Rule to strip “extraneous” provisions from reconciliation bills, is perhaps the most public of the Senate parliamentarian’s duties. The House has its own parliamentarian, appointed by the Speaker, who serves a similar procedural role.
Don’t Stop Me Now
Senate Parliamentarian Elizabeth MacDonough has held the position since 2012 and has drawn criticism from both sides of the aisle. Progressives took aim at MacDonough in 2021 when she ruled that a $15 minimum wage provision could not be included in the American Rescue Plan Act. With Republicans now considering reconciliation to fund policies outside the normal legislative process, the parliamentarian’s rulings on what qualifies as budgetary matters carry enormous consequences.
President Trump continues to publicly call for MacDonough’s removal, arguing that her rulings have impeded the Administration’s legislative priorities. Republicans have attempted to structure the SAVE America Act, the President’s preferred election reform legislation, to comply with the Byrd Rule. MacDonough has declined to allow its inclusion, as crafted, in a reconciliation package, further escalating tensions and intensifying pressure from the White House.
Who’s Got the Power
Senate Majority Leader John Thune (R-SD) has sidestepped the President’s calls for MacDonough’s removal, though there is precedent for ousting a parliamentarian over reconciliation disputes. In 2001, as President George W. Bush was pursuing his tax-cut agenda, Republican leaders fired the Senate parliamentarian after growing frustrated with rulings on whether, and how often, tax cuts could be included in reconciliation bills.
Removing the Senate parliamentarian or overriding her decisions with a simple majority would carry considerable political risk and has not occurred since the 2001 confrontation. Against the backdrop of tense relations between the White House and several Republican senators, such a move could further fracture the caucus. This would be most felt among institutionalists wary of further eroding Senate norms or worried that the precedent could be turned against their party in future congresses.
About Wonkology
What is a policy rider? How long is a legislative day? Political jargon can be headache-inducing. But your ability to understand how Washington works could significantly impact your business. Wonkology is an update from the Thompson Coburn Lobbying & Policy group. In each edition, we will decode Washington lingo by giving you a straightforward definition of a political term that is in the news.
