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Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

Let's get back to normalcy. Does normalcy fit into your schedule?
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Luke
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Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#1

Post by Luke »

Cool if it works. POLITICO Playbook this morning:
Chuck Schumer’s 51-vote gambit
The Senate majority leader believes he's found a magical parliamentary trick that Democrats could use to unlock a third reconciliation bill.

SCHUMER PREPARES FOR RECONCILIATION PART II — AND III: If you know one thing about the arcane subject of budget reconciliation, it’s that it can be used to pass legislation through the Senate with just 51 votes rather than the 60 it takes to overcome a filibuster. If you know two things, it’s the simple majority rule and that reconciliation can be used only once every fiscal year. Congress didn’t pass a budget resolution last year, so Democrats used reconciliation left over from fiscal year 2021 to pass President JOE BIDEN’S $1.9 trillion American Rescue Plan. That means they still have the fiscal 2022 reconciliation bill left as a vehicle for portions of Biden’s infrastructure, tax, climate and social welfare agenda.

But what if, buried in the rules of the Congressional Budget Act of 1974, there were a magical parliamentary trick that Democrats could use to unlock a third reconciliation bill this year? Senate Majority Leader CHUCK SCHUMER believes he has found it. It’s called Section 304, and you’re about to start hearing about it a lot. This section of the law that governs the congressional budgeting process essentially says that Congress may revisit and amend an already-passed budget resolution, like the one used to pass the Covid relief package. Or at least that’s what Schumer aides are arguing. “Recently, top policy aides to Majority Leader Schumer made the argument to the Senate Parliamentarian that Section 304 allows for at least one additional set of reconciliation bills related to revenue, spending and the public debt to be considered for Fiscal Year 2021,” a Schumer aide previewing the strategy told us Sunday night.

While Democrats haven’t made a final decision on the legislative strategy, there is deep skepticism in both the White House and among Senate Democrats that any 60-vote bill on any significant issue is possible this year. It was already conventional wisdom that Biden is likely to be able to pass two reconciliation bills and almost nothing else. Now, Schumer may try to squeeze a third one out of the system. His office tells us that Section 304 has never been used before. If he goes forward with the plan, the Senate parliamentarian will once again be the most powerful person in Washington, just as she was over the debate about whether the minimum wage was eligible for inclusion in the last reconciliation bill.

It goes without saying that this is a bizarre way to govern. Nobody would design a system like this, where to pass even popular legislation senators seek to game a rickety budgeting process and the most important Hill staffers are now the experts on these arcane rules devised in 1974 for the purpose of deficit reduction. But as long as the filibuster remains, senators will continue to try to push the boundaries of what can be accomplished through reconciliation. Judge for yourself (or good luck trying). Here’s the fine print of Section 304: “At any time after the concurrent resolution on the budget for a fiscal year has been agreed to pursuant to section 301, and before the end of such fiscal year, the two Houses may adopt a concurrent resolution on the budget which revises or reaffirms the concurrent resolution on the budget for such fiscal year most recently agreed to.”
https://www.politico.com/newsletters/pl ... bit-492275

Here's Section 304 if you want to get your wonk on :P https://budgetcounsel.com/laws-and-rule ... he-budget/
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Re: Budget Reconciliation Part III? Chuck Schumer Believes He's Found a Magical Parliamentary Trick to Overcome Filibust

#2

Post by sterngard friegen »

You pass a minimum wage bill with financial payments to small businesses that can't pay the minimum wages without help. Voila, it significantly affects the budget.

You pass a voter protection bill for national elections which includes financial payments to counties and states that can't afford to put in the changes without financial help. Voila, it affects the budget.

You also save the Postal Service this round.
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Re: Budget Reconciliation Part III? Chuck Schumer Believes He's Found a Magical Parliamentary Trick to Overcome Filibust

#3

Post by Luke »

BOOM! Will the GOP care, or keep fretting about Speedy Gonzales & Dr. Suess? :lol:
1 hour ago - Politics & Policy
Senate parliamentarian says Democrats could use budget reconciliation again
Shawna Chen

Senate Parliamentarian Elizabeth MacDonough issued an opinion Monday that could allow Democrats to use the budget reconciliation process again in fiscal year 2021, a spokesman for Majority Leader Chuck Schumer's (D-N.Y.) said

Why it matters: The opinion increases the number of pathways for advancing President Biden’s agenda without having to end the filibuster.

Schumer's top policy aides argued that revising this year's budget could "trigger an additional set of reconciliation instructions," which would allow for further 50-50 votes that are decided by Vice President Harris. The "conventional wisdom is that Democrats have just one more shot at reconciliation this year, and this route would give them at least one more," Axios' Mike Allen writes. The big picture: The parliamentarian's decision means Senate Democrats could potentially pass legislation like the American Jobs Plan with a simple majority rather than 60 votes, which would require 10 Republican votes.

What they're saying: "The Parliamentarian has advised that a revised budget resolution may contain budget reconciliation instructions. This confirms the Leader’s interpretation of the Budget Act and allows Democrats additional tools to improve the lives of Americans if Republican obstruction continues," a spokesperson for Sen. Schumer said.

"While no decisions have been made on a legislative path forward using Section 304 and some parameters still need to be worked out, the Parliamentarian’s opinion is an important step forward that this key pathway is available to Democrats if needed.”
https://www.axios.com/senate-parlimenta ... 6d264.html
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#4

Post by Reality Check »

Or as the President of the Senate Vice President Harris could just rule that the filibuster is unconstitutional and be done with it. There is precedent for doing that.
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#5

Post by Suranis »

This arcane bolloxing is no sane way to govern. Or legislate.
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#6

Post by sterngard friegen »

The Parliamentarian isn't the decider any more. It's Joe Manchin who has recently been sounding like a Republican.
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#7

Post by Patagoniagirl »

sterngard friegen wrote: Mon Apr 05, 2021 11:40 pm The Parliamentarian isn't the decider any more. It's Joe Manchin who has recently been sounding like a Republican.
Recently?

😜
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#8

Post by sterngard friegen »

Patagoniagirl wrote: Mon Apr 05, 2021 11:54 pm
sterngard friegen wrote: Mon Apr 05, 2021 11:40 pm The Parliamentarian isn't the decider any more. It's Joe Manchin who has recently been sounding like a Republican.
Recently?

😜
Today: https://www.cnn.com/2021/04/05/politics ... index.html
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#9

Post by Patagoniagirl »

My intention was to mock "recently", as in my opinion Machine has been a Republican in Democrat clothing for a long time.

Edit to add:. No disrespect meant to :oldman:
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sterngard friegen
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#10

Post by sterngard friegen »

He voted against Amy Covid Barrett. He's voted for all of Joe Biden's cabinet members and only opposed Neera Tanden. He voted for Trump's impeachment. He voted for the $1.9T rescue bill.

He's been fairly loyal up until now.
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#11

Post by fierceredpanda »

sterngard friegen wrote: Tue Apr 06, 2021 2:27 am He voted against Amy Covid Barrett. He's voted for all of Joe Biden's cabinet members and only opposed Neera Tanden. He voted for Trump's impeachment. He voted for the $1.9T rescue bill.

He's been fairly loyal up until now.
Counterargument: He's acting Prime Minister of the United States, and he values the "rights" of Senate Republicans to obstruct literally everything more highly than the ability of millions of people to exercise their right to vote. And he's threatening to torpedo the infrastructure bill for no particular reason that I can discern except that he can.

The Neera Tanden thing was an outrageous and hypocritical display of power for power's sake on his part. If he thinks shit like that will make a difference with West Virginia voters when he's up for reelection in four years, he's dumber than I thought.
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#12

Post by Patagoniagirl »

Manchin's approval vote for many of Trump's appointments is abhorrent, not to mention his votes on abortion.
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#13

Post by sterngard friegen »

Would you prefer he caucus with the Republicans? :daydreaming:

Asking for a friend.
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Re: Budget Reconciliation Part III - Senate Parliamentarian Says Democrats Could Use Budget Reconciliation Again!

#14

Post by Patagoniagirl »

sterngard friegen wrote: Tue Apr 06, 2021 11:29 am Would you prefer he caucus with the Republicans? :daydreaming:

Asking for a friend.
Really? I don't think your friend is being serious. 🤪. I'd prefer he not pander to the right wing on issues that significantly affect them. But then perhaps that's the only way to hang on to voters. He's no hero.
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