Despite majority support, the Senate failed to pass an amendment to President Donald Trump’s “Big Beautiful Bill” Tuesday, July 1, that would have stopped immigrants in the U.S. illegally from receiving healthcare coverage under Medicaid. The measure received 56 votes but needed 60 to pass.
Many wondered why it failed, given the Senate used a process called budget reconciliation, which allows Congress to make changes to the federal budget with a simple majority, avoiding the Senate’s 60-vote filibuster.
The answer: The Senate’s parliamentarian determined it was not directly related to the budget and, therefore, needed 60 votes.
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‘An unelected parliamentarian’
That was a hard pill to swallow for some on social media.
“Time to FIRE the Democrat Parliamentarian!” one observer wrote on X. “The U.S. Senate rejects the measure to kick illegal aliens off Medicaid…All because she decided it needed 60 votes!”
“An unelected Senate Parliamentarian just stopped the Senate bill from blocking Illegals from getting Medicaid,” another poster named Chicago1Ray wrote. “Raise your hand if you want @LeaderJohnThune to dismiss Elizabeth Macdonough right now, or resign.”
Chicago1Ray is correct. Majority Leader John Thune, R-S.D., could have fired parliamentarian Elizabeth MacDonough, or just moved to overrule her and put measures she determines don’t fit the Byrd rule back into the bill.
What is the Byrd rule?
Lawmakers established the Byrd Rule in 1986 to ensure every provision in a budget reconciliation package directly relates to federal spending. The parliamentarian uses six guidelines to determine whether a measure complies with the Byrd Rule. For instance, it cannot change outlays or revenues, alter social security or be considered extraneous. If the parliamentarian finds that a provision doesn’t meet those guidelines, they strike it under the Byrd Rule and apply a 60-vote threshold.
Why not get a new parliamentarian?
If Thune opted to fire MacDonough and install someone more favorable to Republicans, Democrats would likely have done the same next time they are in the majority. If Thune overruled MacDonough and put non-budget-related items back in the bill, the Democrats would have had the opportunity to do the same next time they try to pass a budget reconciliation package.
In fact, Democrats could take it a step further and eliminate the chamber’s filibuster altogether. They tried doing that to pass a voting rights bill in 2022 but didn’t have enough votes. They have said they will try again once they get the opportunity.
Thune knows the Senate is a chamber of precedent. Once a precedent is set, it will not be undone. The current Republican majority did not want to forever change the way the Senate operates.
