Progressive Democrats are pushing a plan to ignore the Senate parliamentarian if she governs policies such as raising the minimum wage that cannot be included in a budget conciliation package.
Budget reconciliation allows legislation to pass the Senate by a majority vote and cannot be hindered.
As a result, Democrats have been looking at the budget process to get key items like a minimum wage of $ 15 an hour in President Biden’s office. Using the process would prevent Republicans from blocking a bill by ensuring it could be passed with 50 Democratic votes in the Senate and that Vice President Harris would break the tie.
The problem is another Senate requirement known as the Byrd Rule that requires policies such as a raise in the minimum wage to meet certain requirements to qualify according to budget conciliation.
Several budget experts believe that a raise in the minimum wage may not meet the requirements of the Byrd Rule and that the Senate MP might rule that it could not be included in a conciliation 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, hourly threat policy minimum wage Harry Reid “not particularly optimistic” Biden will push for elimination of filibuster Schumer becomes new Senate Majority Leader MORE (D-Nev.), Published a call published this week arguing that the $ 15 Biden minimum wage included in its $ 1.9 trillion COVID-19 relief plan had a chance to get the stamp of approval of the parliamentarian.
But if the ruling goes against Democrats, he said the party should move forward anyway.
“In the end, this is a call that the Constitution makes to the vice president or, in the absence, to the president of the Senate pro tempore to do,” he wrote, noting that decisions would fall to Harris or Sen. Patrick Leahy
Patrick Joseph LeahyPaul Says Roberts’ Absence Argues “Crystallized” Against Trump’s Dismissal How McConnell Derailed Trump’s Dismissal Trial Before He Begins Leahy Had to Preside over Dismissal After a Health Scare MORE (D-Vt.), The President of the Senate pro tempore.
“If the Senate MP doesn’t advise them that Congress can include the minimum wage in the budget conciliation, Harris or Leahy should exercise their constitutional authority to say they can,” he wrote.
Suggestions gained strength on the left after centrist Democrats like Sens. Joe Manchin
Joseph (Joe) ManchinDiumenge shows the preview: new variants of COVID-19 are spreading in the US; Redditors shakes Wall Street with Gamestop shares. Biden wants Democrats to keep Trump’s trial short, Joe Manchin could show Senate better way forward (W.Va.) and Kirsten Sinema (Ariz.) Reiterated their opposition to killing the filibuster, which basically requires significant legislation to win 60 votes to get Senate approval.
“I think the key here is that we will keep all the tools available in the toolbox,” said the Progressive Congress president. Pramila Jayapal
Pramila Jayapal: Lawyers talk about the NSA for breach of several years after the massive Russian piracy. Former House Republican Party leader: Fear of telling voters “truth” caused Democrats in the Capitol riots to be willing to skip Republicans over the COVID-19 bill. MONTH (D-Wash.) He said when asked about the approach, he added that he had been in contact with Senate colleagues about the possibility.
Rep. Ro Khanna
Rohit (Ro) KhannaDemocrat calls for hearings to oust Rep. Marjorie Taylor Greene Lawmakers rip off Robinhood decision on GameStop Robinhood faces reaction from both sides to limit business MORE (D-California), a close ally of the new chairman of the Senate Budget Committee Bernie Sanders
Bernie Sanders Sunday shows preview: new variants of COVID-19 released in the US; Redditors Shake Wall Street with Gamestop Shares Sanders Baseball Opening Memory Card Breaks Fauci Sales Record Bernie Sanders Claps Again to Billionaire Criticism: “Call Me a River” MORE (I-Vt.), He said Democrats should think hard in terms of what there can be in reconciliation.
“Personally, I think we should get rid of the filibuster, but at the very least we should be expanding reconciliation to apply it to many more perspectives,” he told The Wall Street Journal.
Sanders, who will oversee the reconciliation process and has expressed skepticism about the removal of the complete filibuster, has given no opinion on circumventing a parliamentary decision. He argues that raising the minimum wage would not affect Byrd’s rule.
Democrats used a budget reconciliation package in 2010 to advance the Affordable Assistance Act, while Republicans used it in 2003 and 2017 to cut taxes.
In both cases, the Byrd rule drastically affected the final legislation.
For example, elements of the Bush and Trump tax cuts had a ten-year expiration in order to meet the deficit requirements of the Byrd Rule. Republican attempts to overthrow Obamacare, which ultimately failed, were limited by provisions that complied with the Byrd Rule.
Ignoring Byrd would create a fight with Republicans in the Senate while Biden talks about working with the minority party to move legislation.
Republican Party senators warn it could give Biden a negative tone, particularly with a divisive fight over Trump’s second dismissal trial scheduled for February.
“I think you have to be careful not to start in a very partisan way, because between dismissal and a reconciliation bill, especially one in which you ignore the rules of reconciliation, which people talk about, I think there is a very bad tone, at least for months and maybe during the first quarter, at least the first two years, ”said the senator. Rob Portman
Robert (Rob) Jones Portman Sunday shows preview: new variants of COVID-19 released in the US; Redditors shake Wall Street with Gamestop shares The Hill’s Morning Report – Presented by Facebook – What path will Democrats take in the COVID-19 bill? Democrats willing to skip Republicans with COVID-19 relief bill MORE (Ohio), a retired Republican involved in negotiations on the COVID-19 bill, said in an interview with NPR.
Democrats say they only keep their options open.
“We have to be prepared,” Speaker said Nancy Pelosi
Nancy Pelosi: FBI: A woman arrested for a riot at the Capitol allegedly said she wanted to shoot Pelosi in the friggin ‘brain. Did Trump know what was about to happen on January 6th? Marjorie Taylor Greene announces Trump’s call amid growing MORE reaction (D-California) said Thursday it had rejected the budget reconciliation bill.
The White House has made it clear that it is very open to using budget conciliation to prevent the filibuster from blocking the relief of COVID-19.
“Our priority is to achieve this and not what the parliamentary process is,” the White House press secretary said. Jen Psaki
Jen Psaki Menendez calls for sanction in Russia after Navalny protests. Biden signs executive orders at a furious pace. Biden and Yellen call for swift action against the MORE coronavirus relief package he said Friday when asked about the possibility of circumventing the usual rules of conciliation.
Many Democrats are open to using reconciliation, but ignoring the Byrd rule MP would be more controversial.
“I hope it doesn’t get to that,” the senator said. Dick Durbin
Dick Durbin: Democrats weigh in on lower courts after Trump blitz Biden revive fight for immigration in Congress Biden immigration plans hit first issues (Ill.), The No. 2 Democrat in the Senate. Democrats, he said, should ensure that any policy on a reconciliation bill can survive a challenge to the Byrd Rule, but they hinted at some flexibility in 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 no. 2 Senate Democrat says minimum wage can be raised by a simple majority vote Biden’s bipartisan push hits the wall of the COVID-19 relief bill MORE (D-Ky.) He said the move could open a can of worms that Democrats would live with lamenting.
“I’m not sure he’s the smartest,” Yarmuth told Politico.
If Democrats push for a raise in the minimum wage or decide to use the same procedure to pass voting rights legislation, health care reform, or environmental policy, Republicans could take the same approach when in power.
“You have to worry about precedents,” Yarmuth said.
Jordain Carney contributed.