Senate Republicans can’t include in their budget reconciliation package language that would make it harder to challenge U.S. government actions in court, as well as some immigration-related provisions, under guidance from the Senate parliamentarian announced by Budget Committee Democrats.
Senate Parliamentarian Elizabeth MacDonough found that the provisions do not comply with the Senate’s Byrd rule, meaning it would take 60 votes on the floor to overcome a point of order on the language — unless Republicans find a different way to draft the language or do not adhere to the guidance.
Republicans have a 53-member majority in the Senate as they work on a forthcoming substitute amendment to the House-passed budget bill. The process of reviewing the reconciliation text to filter out provisions deemed “extraneous” to fiscal policy, known as the “Byrd bath,” is ongoing.
