Progressive Democrats are pushing for a plan to override the Senate MP if they can’t include rules like raising the minimum wage in a budget reconciliation package.
Budget reconciliation allows legislation to pass through the Senate by majority vote, and it cannot be filed.
As a result, Democrats have been watching the budget process to get important items like a $ 15 an hour minimum wage at President Biden’s desk. Using the process would prevent Republicans from blocking a bill by ensuring that it succeeds with 50 Democratic votes in the Senate, and that Vice President Harris breaks the tie.
The problem is another Senate requirement, known as the Byrd Rule, that requires policies such as a minimum wage hike to meet certain requirements in order to qualify for budget reconciliation.
A number of budget experts believe that a minimum wage hike may not meet the requirements of the Byrd rule, and that the Senate MP could rule that it cannot be included in a reconciliation package.
It is not clear that this is the case.
Bill Dauster, who served as the deputy chief of staff to the former Senate Majority Leader Harry Reid
Harry Mason Reid Byrd Rule, Politics Threatens Hourly Minimum Wage Harry Reid ‘Not Particularly Optimistic’ Biden Will Push To Eliminate Filibuster Schumer Becomes New Senate Majority Leader MORE (D-Nev.), Released a Roll Call opinion this week claiming that the $ 15 minimum wage bill Biden included in his $ 1.9 trillion COVID-19 contingency plan had a chance of getting approval from the MP.
But if the ruling goes against the Democrats, he said the party should go ahead anyway.
“Ultimately, this is a call the constitution gives to the vice president or, in her absence, the president of the senate pro tempore,” he wrote, pointing out that the decisions would fall on Harris or Sen. Patrick Leahy
Patrick Joseph Leahy Paul says Roberts’ absence ‘crystallized’ argument against Trump impeachment How McConnell derailed Trump impeachment process before it began Leahy expected to lead impeachment after health scare MORE (D-Vt.), The Senate President pro tempore.
“If the Senate MP does not advise them that Congress can include the minimum wage in the budget reconciliation, Harris or Leahy should exercise their constitutional authority to say it can,” he wrote.
The suggestions gained steam on the left after centrist Democrats such as Sens. Joe Manchin
Joseph (Joe) ManchinSunday Show Preview: New COVID-19 Variants Distributed in US; Redditors Shake Wall Street With Gamestop Stock Biden Wants Democrats To Keep Trump’s Trial Short Joe Manchin Could Show Senate A Better Way Forward MORE (W.Va.) and Kirsten Sinema (Ariz.) Reiterated their opposition to the filibuster’s killing, which essentially requires major legislation to win 60 votes to gain Senate approval.
“I think the key here is that we will keep every tool in the toolbox available,” said Congressional Progressive Caucus Chairwoman Pramila Jayapal
Pramila Jayapal Lawmakers Grouse NSA Over Years Of Violation In Aftermath Of Massive Russian Hack Former House GOP Leader: Fear Of Telling ‘Truth’ To Voters Sparked Uproar In Capitol Democrats Ready To Bypass Republicans On COVID-19 Relief Act LAKE (D-Wash.) Said when asked about the approach, adding that she had been in touch with Senate colleagues about the possibility.
Rep. Ro Khanna
Rohit (Ro) KhannaDemocrat calls for hearings before Rep. Marjorie Taylor Greene to oust Lawmakers tear Robinhood’s decision on GameStop Robinhood faces backlash from both parties for restricting transactions MORE (D-Calif.), A close ally of the new chair of the Senate Budget Committee Bernie Sanders
Bernie Sanders Sunday Show Preview: New COVID-19 Variants Distributed in US; Redditors Shake Wall Street With Gamestop Stock Sanders Baseball Card Inauguration Meme Breaks Fauci’s Sales Record Bernie Sanders Hits Back At Billionaire Criticism: ‘Cry Me A River’ (I-Vt.), Said Democrats need to think big in terms of what can be in reconciliation.
“Personally, I think we should get rid of the filibuster, but we should at least expand the reconciliation to apply to many more potential customers,” he told The Wall Street Journal.
Sanders, who will oversee the reconciliation process and has expressed skepticism about eliminating the entire filibuster, has expressed no opinion on how to circumvent a parliamentary ruling. He argues that raising the minimum wage would not violate Byrd’s rule.
Democrats used a budget reconciliation package in 2010 to advance the Affordable Care Act, while Republicans used it to cut taxes in 2003 and 2017.
In any case, the Byrd rule had a dramatic impact on the final legislation.
For example, elements of both Bush’s and Trump’s tax cuts took 10 years to meet Byrd Rule’s deficit requirements. Republican attempts to overthrow Obamacare, which ultimately failed, were constrained by the provisions complying with Byrd’s rule.
Ignoring Byrd would lead to a fight with the Republicans in the Senate, as Biden talks about working with the minority party to change legislation.
GOP senators warn it could set a negative tone for Biden, especially with a divisive battle over Trump’s second impeachment trial in February.
“I think you have to be careful not to start in a very biased way because between impeachment and a bill for reconciliation, especially when you ignore the rules of reconciliation, what people are talking about, I think you’ve set a really bad tone , at least for months and maybe for the first semester, at least the first two years, ”Sen. Rob Portman
Robert (Rob) Jones PortmanSunday Show Preview: New COVID-19 Variants Distributed in US; Redditors Shake Wall Street With Gamestop Stocks The Hill’s Morning Report – Presented By Facebook – Which Way Will Democrats Take With The COVID-19 Bill? Democrats are poised to bypass Republicans on COVID-19 relief bill MORE (Ohio), a retiring Republican negotiating the COVID-19 bill, said in an NPR interview.
Democrats say they just keep their options open.
“We have to be ready,” Speaker Nancy Pelosi
Nancy PelosiFBI: Woman arrested in Capitol riot allegedly said she wanted to shoot Pelosi ‘in the friggin brain’. Did Trump know what would happen on January 6? Marjorie Taylor Greene praises Trump’s call amid mounting backlash MORE (D-Calif.) Said Thursday about hanging the bill for reconciliation of the budget.
The White House has made it clear that it is very open to using budget reconciliation to avoid the filibuster blocking COVID-19 relief.
“Our priority is to get it through and not what the parliamentary process is,” says White House press secretary Jen Psaki
Jen Psaki Menendez calls for sanction against Russia after Navalny protests Biden signs executive orders at breakneck speed Biden, Yellen calls for swift action on coronavirus aid package MORE said Friday when asked about the possibility of circumventing the usual reconciliation rules.
Many Democrats are open to reconciliation, but ignoring the MP on the Byrd rule would be more controversial.
“I hope it doesn’t come to that,” said Sen. Dick Durbin
Dick Durbin Democrats Roads Expanding Lower Courts After Trump Blitz Biden Revives Congressional Immigration Struggle Biden Immigration Plans Hitting Early Snags MORE (Ill.), The No. 2 Democrat in the Senate. Democrats, he said, must ensure that any policy in a reconciliation law can survive a Byrd Rule challenge, but noted some flexibility in the approach.
“In the past, Republicans have changed a number of rules regarding reconciliation to allow for their legislative efforts,” he said.
Chairman of the House Budget Committee John Yarmuth
John Allen Yarmuth Byrd Rule, Politically Threats Hourly Minimum Wage No. 2 Senate Democrat Says Minimum Wage Can Be Increased By Simple Majority. (D-Ky.) Said the move could open a can of worms the Democrats would regret.
“I’m not sure it’s the smartest thing to do,” Yarmuth told Politico.
If Democrats push for a minimum wage hike, or decide to use the same procedure to pass voting rights legislation, health care reform, or environmental policy, Republicans could take the same approach while in power.
“Don’t worry about the precedent,” Yarmuth said.
Jordain Carney contributed.