Progressive Democrats are promoting a plan to ignore the Senate parliamentarian if she governs policies like raising the minimum wage cannot be included in a budgetary reconciliation package.
Budget reconciliation allows legislation to pass the Senate by majority vote and cannot be obstructed.
As a result, Democrats are eyeing the budget process to bring key items like a $ 15 hourly minimum wage to President Biden’s desk. Using the process would prevent Republicans from blocking a bill, ensuring that it could pass 50 Democratic votes in the Senate and Vice President Harris tiebreaker.
The problem is another Senate requirement known as the Byrd Rule, which requires policies such as raising the minimum wage to meet certain requirements to qualify for budgetary reconciliation.
Several budget experts believe that an increase in the minimum wage may not meet the requirements of Byrd’s rule and that the Senate parliamentarian may decide that it cannot be included in a reconciliation package.
It is not clear that this is the case.
Bill Dauster, who served as deputy chief of staff to the former Senate majority leader Harry Reid
Harry Mason ReidByrd rule, politics threatens hourly minimum wage Harry Reid ‘not particularly optimistic’ Biden will push to remove obstruction Schumer becomes new Senate majority leader MORE (D-Nev.), Published an opinion article this week arguing that the $ 15 minimum wage bill that Biden included in his $ 1.9 trillion COVID-19 aid plan had a chance to get the seal of approval of the parliamentarian.
But if the decision is against the Democrats, he said the party should approve it anyway.
“In the end, this is a decision that the Constitution gives the vice president or, in its absence, the president pro tempore of the Senate to make,” he wrote, noting that the decisions would fall on Harris or Sen. Patrick Leahy
Patrick Joseph LeahyPaul says Roberts’ absence ‘crystallized’ the argument against Trump’s impeachment As McConnell derailed Trump’s impeachment trial before starting Leahy hoped to chair the impeachment after a health scare MORE (D-Vt.), The President of the Senate pro tempore.
“If the Senate congressman does not warn that Congress can include the minimum wage in the budget reconciliation, Harris or Leahy must exercise their constitutional authority to say they can,” he wrote.
The suggestions gained momentum on the left after center Democrats like Sens. Joe Manchin
Joseph (Joe) ManchinSunday shows the preview: New variants of COVID-19 spread across the USA; Redditors shake up Wall Street with Gamestop shares Biden wants Democrats to keep Trump’s trial short Joe Manchin can show the Senate a better way forward (W.Va.) and Kirsten Sinema (Ariz.) Reiterated their opposition to the elimination of the obstruction, which essentially requires great legislation to win 60 votes and get Senate approval.
“I think the key here is that we will keep all the tools in the toolbox available,” President of Congressional Progressive Caucus Pramila Jayapal
Pramila JayapalLawmakers question the NSA about violation of years in the wake of a massive invasion of Russia. Former Republican Party leader: The fear of telling voters ‘truth’ led to a Capitol revolt. Democrats ready to bypass Republicans on COVID-19 relief project MORE (D-Wash.) She said when asked about the approach, adding that she had contacted Senate colleagues about the possibility.
Rep. Ro Khanna
Rohit (Ro) KhannaDemocrat calls for hearings to expel Rep. Marjorie Taylor Greene Lawmakers tear up Robinhood’s decision on GameStop Robinhood faces reaction from both parties for limiting business MORE (D-Calif.), A close ally of the chairman of the Senate Budget Committee Bernie Sanders
Bernie SandersSunday shows the preview: New variants of COVID-19 spread in the USA; Redditors shake Wall Street with Gamestop Sanders baseball card with opening meme breaks sales record set by Fauci Bernie Sanders hits back at billionaire’s criticism: “Cry a river” MORE (I-Vt.), He said that Democrats should think big in terms of what can be in reconciliation.
“Personally, I think we should get rid of the obstruction, but at least we must expand the reconciliation to apply to many more potential customers,” he told The Wall Street Journal.
Sanders, who will oversee the reconciliation process and expressed skepticism about removing all obstruction, did not offer an opinion on how to get around a parliamentary decision. He argues that raising the minimum wage would not be contrary to Byrd’s rule.
Democrats used a budget reconciliation package in 2010 to promote the Affordable Care Act, while Republicans used it in 2003 and 2017 to cut taxes.
In each case, Byrd’s rule dramatically affected the final legislation.
For example, elements of the Bush and Trump tax cuts have expired in 10 years to meet the requirements of the Byrd Rule. Republican attempts to overthrow Obamacare, which ultimately failed, were limited by what provisions were in line with Byrd’s rule.
Ignoring Byrd would create a fight with Republicans in the Senate, as Biden talks about working with the minority party to move the legislation.
Republican Party senators warn that this could set a negative tone for Biden, particularly with a divisive fight over Trump’s second impeachment trial scheduled for February.
“I think you have to be careful not to start in a highly partisan way, because between impeachment and a reconciliation project, particularly one where you ignore the rules of reconciliation, which people are talking about, I think you have defined a very bad tone, at least for months and maybe for the first term, the first two years at least ”, Sen. Rob Portman
Robert (Rob) Jones PortmanSunday shows a preview: New variants of COVID-19 spread across the USA; Redditors shake Wall Street with Gamestop shares The Hill’s Morning Report – Presented by Facebook – Which way will Democrats follow the COVID-19 bill? Democrats ready to bypass Republicans in the COVID-19 relief bill MORE (Ohio), a retired Republican who is involved in negotiations on the COVID-19 bill, said in an interview with NPR.
Democrats say they are just keeping their options open.
“We have to be ready”, Speaker Nancy Pelosi
Nancy PelosiFBI: Woman caught in a riot on Capitol Hill allegedly said she wanted to shoot Pelosi ‘in the goddamn’ brain ‘. Did Trump know what was going to happen on January 6? Marjorie Taylor Greene announces Trump call amid growing reaction MORE (D-Calif.) Said Thursday about the presentation of the budgetary reconciliation project.
The White House has made it clear that it is very open to the use of budgetary reconciliation to prevent the obstruction from blocking relief from COVID-19.
“Our priority is to get everything approved and not what the parliamentary process is”, press secretary of the White House Jen Psaki
Jen PsakiMenendez calls for sanction against Russia after Navalny protests. Biden signs executive orders at a furious pace. Biden and Yellen call for quick action on coronavirus relief package MORE said Friday when asked about the possibility of circumventing the usual reconciliation rules.
Many Democrats are open to the use of reconciliation, but ignoring the MP over Byrd’s rule would be more controversial.
“I hope it doesn’t come to that,” said the senator. Dick Durbin
Dick DurbinDemocrats evaluate the expansion of the lower courts after Trump blitz Biden reignites immigration struggle in Congress. Biden’s immigration plans hit initial hurdles MORE (Ill.), The number 2 Democrat in the Senate. Democrats, he said, must ensure that any policy in a reconciliation project survives the challenge of Byrd’s rule, but suggested some flexibility in the approach.
“In the past, Republicans have changed some of the rules regarding reconciliation to accommodate their legislative efforts,” he said.
Chairman of the House Budget Committee John Yarmuth
John Allen YarmuthByrd rule, politics threatens hourly minimum wage. The Senate’s second Democrat says the minimum wage can be raised with a simple majority of votes. Biden’s bipartisan push hits the wall in the COVID-19 relief project MORE (D-Ky.) He said the move could open a can of worms that Democrats would live to regret.
“I’m not sure if it’s the smartest thing to do,” Yarmuth told Politico.
If Democrats promote a minimum wage increase or decide to use the same procedure to pass voting rights legislation, healthcare reform or environmental policy, Republicans can take the same approach when in power.
“You have to worry about precedent,” said Yarmuth.
Jordain Carney contributed.