Old Democrat Comes Back To Haunt Trump From The Grave
'Parliamentarian is wreaking havoc on Trump's Big, Beautiful Bill, and Republicans are letting it happen.'
First we were told that unelected federal judges could dictate all policy, law, and appropriations. Now the excuse for inaction is the Senate parliamentarian.
Left-wing protesters chant “no kings,” but nearly every major Trump-era domestic policy was blocked by a court. Nearly 200 actions on immigration, personnel, spending, and transgender issues were halted or overturned by the judiciary. Today, the good provisions in an otherwise lackluster reconciliation bill are being gutted — not by Congress, not by voters, but by a Senate staffer.
Republicans now hide behind the parliamentarian to justify a bill that hikes the deficit, preserves green energy handouts, and leaves the welfare state untouched.
If Republicans refuse to overrule the courts, the parliamentarian, or anyone else standing in the way, what’s the plan? What’s the point of winning elections if Democrats, judges, and bureaucrats still call the shots? Do they really expect to get 60 Senate votes?
Over the past week, Senate parliamentarian Elizabeth MacDonough ruled that a long list of provisions violate the Byrd Rule and can’t be included in the reconciliation bill. Among them:
Financial Cuts:
Policy Measures:
Republicans now hide behind MacDonough to justify a bill that hikes the deficit, preserves green energy handouts, and leaves the welfare state untouched.
The Byrd Rule has become an excuse to flush the conservative priorities and pass a mess. And let’s not kid ourselves — the parliamentarian had no objection to provisions that punish states for regulating AI. Under the Senate version of the bill, states can still regulate AI and data centers, but if they do, they lose access to BEAD broadband funding.
The good stuff in this bill may have been bait — added just to lure conservatives into voting yes, knowing full well the parliamentarian would knock it out. That’s why conservatives must pressure President Trump to do what Senate Republicans won’t: overrule MacDonough.
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Let’s get something straight: The Senate parliamentarian does not make the rules. The presiding officer does — and the majority party controls the chair. The office of parliamentarian didn’t even exist until 1935. The parliamentarian sits below the presiding officer on the rostrum, not above him. Her advice is just that — advice.
The Congressional Research Service puts it plainly: "As a staff official, neither parliamentarian is empowered to make decisions that are binding on the House or Senate. The parliamentarians and their deputies/assistants only offer advice that the presiding Representative or Senator may accept or reject."
JD Vance, as president of the Senate, can overrule MacDonough at any time. Here’s how: When Democrats raise a point of order against a GOP-backed provision, MacDonough may say it violates the Byrd Rule and must be stripped. But the presiding officer — Vance or his designee — can simply say no. That provision stays in the bill. The Senate then proceeds under the reconciliation process and passes the whole thing with a simple majority.
Trump can make this happen. He can threaten to send Vance to the chair if Majority Leader John Thune (R-S.D.) refuses to play ball. Thune can demand MacDonough’s firing — just as Trent Lott did in 2001 when the parliamentarian ruled against Republican priorities.
Trump is right to be frustrated. On Tuesday, he demanded that Congress cancel the July 4 recess and finish the job. But he also needs to make it clear that he won’t accept a watered-down deal. He must draw red lines around immigration and the Green New Deal. The American people didn’t elect Elizabeth MacDonough. They elected Trump.
And no unelected staffer has the right to overturn the will of 77 million voters.
The Senate parliamentarian, Elizabeth MacDonough, ruled that several key provisions in the "big, beautiful bill" violate the Byrd Rule, potentially setting the stage for the provisions to be removed altogether.
In order to avoid a filibuster and pass the bill under a simple majority, the legislation needs to be compliant with the Byrd Rule, which prevents "extraneous" provisions from being included in reconciliation. The "extraneous" provisions MacDonough ruled against include key climate and financial provisions.
Although these rulings can be contentious, they are not set in stone.
One provision the parliamentarian ruled against came from the Senate Banking Committee's reconciliation text, which would have cut $6.4 billion in funding from the Consumer Financial Protection Bureau. She also ruled against cutting $1.4 billion by reducing the wages for Federal Reserve staff, cutting $293 million from the Office of Financial Research, and cutting $771 million by abolishing the Public Company Accounting Oversight Board.
MacDonough also ruled against a provision that would repeal green energy subsidies authorized by the Inflation Reduction Act, as well as certain tailpipe emission standards put forth by the Environmental Protection Agency.
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Although these rulings can be contentious, they are not set in stone. James Wallner, vice president of policy at the Foundation for American Innovation, told Blaze News that the parliamentarian's rulings are based on precedent and provide an advisory role subject to the chair.
"There's how it works on paper, and then how it works in practice," Wallner said. "The parliamentarian is just a staffer. So we have a parliamentarian because you have all these different procedural authorities and Senate rules. The Senate rules, though, are very vague, and they are many pages long."
"So you have all these rules, but oftentimes what happens is the rule isn't very explicit, and there are ambiguities," Wallner added. "So when there are ambiguities, the parliamentarian will advise the Senate. At least in theory."
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Wallner said the parliamentarian works alongside both majority and minority committee staff to identify provisions that violate the Byrd Rule. Once the parliamentarian issues a ruling, a senator has to raise a point of order on the floor about the Byrd violations. The parliamentarian then advises the chair, who ultimately makes the final decision as to whether the provision in question is a violation.
Although MacDonough ultimately serves in an advisory capacity, Wallner told Blaze News that senators often like to point the finger at the parliamentarian.
"Senators talk about her as if she's the only one who decides," Wallner said. "But it's a very convenient way for them to kind of pass the buck and act like they're not in charge. The parliamentarian has no power to actually issue it authoritatively."
"It can be adversarial, but it's through that adversarial process that you really get a robust discussion of these provisions," Wallner added.
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