A POTENTIAL GAME CHANGER IN THE SENATE
By Lisa Desjardins, @LisaDNews
Correspondent
The filibuster is sort of the cool kid of arcane Senate procedure, alone as a pop culture icon. But its archrival, “budget reconciliation,” is sure making a run at the spotlight, especially after a new ruling yesterday could significantly expand its use.
And that means a new opportunity to get around the filibuster. Here’s a look at what we know, and what it means.
What is reconciliation again?
Reconciliation is a process created in the Congressional Budget Act of 1974 to make it easier for the Senate to cut deficits. (Set aside that this is the opposite of what many reconciliation bills have done this century.) The idea is to “reconcile'' specific budget goals with separate legislation to accomplish them. “Reconciliation instructions” spelling out those specific goals are put into the budget resolution.
To make that more doable, the Budget Act removed the typical 60-vote hurdle in the Senate, allowing a reconciliation bill to pass with a simple 51-vote majority.
Because it is tied to the once-a-year budget, reconciliation has historically been used no more than once a fiscal year. But now that could change.
What was the parliamentarian’s decision?
In all things Senate procedure, wording matters. And this wording is dense. But important.
NewsHour has been told by sources involved that Democrats asked Senate Parliamentarian Elizabeth McDonough: “Can you revise a budget resolution to include new reconciliation instructions as a part of that revision?”
Her answer was yes. It is not clear she provided any additional guidance, but that simple affirmative opened a new path around the Senate filibuster.
Republicans and Democrats alike tell us this means the Senate can pass one reconciliation bill each year when the budget itself goes through each chamber and then pass another reconciliation bill later that same year by “revising” the budget.
OK. What does that mean right now?
It changes the game on Capitol Hill, doubling the opportunities to get legislation through the Senate with just 51 votes. This is not to say it changes the entire political landscape, but it is a significant new tool for the party in charge in the U.S. Senate in times of gridlock.
For Democrats in the current Congress, this means they will have four slots for possible reconciliation bills — two in the current fiscal year, 2021, and two more next year.
How will Democrats use reconciliation now?
Democrats have already used one of the four reconciliation slots now available to them, with the American Rescue Plan, which squeaked through the Senate on a 50-49 reconciliation vote in March.
That leaves three more: one this budget year, which ends Sept. 30, and two more in 2022.
Current thinking is that the president’s infrastructure and climate plan, the American Jobs Plan, is most likely months from being ready for passage. It may use one of next year’s reconciliation slots, rather than use the newly opened space this year.
So what will Democrats use as their second reconciliation bill this year? They’re just beginning to consider their options, as well as whether they will pull this new reconciliation-by-revision trigger at all. But on the list for consideration is immigration, and specifically the DREAM Act.
Also under consideration for reconciliation, this year or next, health care changes, including expanding Medicare and adding more subsidies for lower- and middle-income Americans.
What happens next?
Senators return from break next week, but there’s no rush for Democrats. They have a few weeks, potentially, to think about it.
Among their key considerations are which of their legislative priorities could qualify for reconciliation. To pass through reconciliation, a bill must have a direct budgetary impact, meaning it must affect revenues or spending.
Some major issues for Democrats, like gun control, do not easily fit into that box. In addition, every member of the Democratic caucus will need to agree on an issue in order for it to pass without Republican support. That’s not always something they can count on.
All of this leaves Majority Leader Chuck Schumer, D-N.Y., a new muscle he can flex and a lot of decisions to make about when, if and how he will do it.
FIVE OVERLOOKED POLITICAL STORIES FROM THE PAST WEEK
By Ian Couzens, @iancouzenz
Politics production assistant
Inside the Koch-backed effort to block the largest election-reform bill in half a century - March 29. On a leaked call with an aide to Sen. Mitch McConnell, leaders of several prominent conservative groups admitted that a provision in H.R. 1 that would limit secret campaign spending is so overwhelmingly popular across the political spectrum that no messaging would be able to significantly shift public opinion. Why it matters: Dark-money groups that mask the identity of their donors spent more than a billion dollars in the 2020 election cycle. But despite strong public support for more transparency, technically nonpartisan advocacy groups are coordinating with Republican congressional leadership on killing the legislation. -- The New Yorker
Virginia Supreme Court clears the way for Charlottesville to take down the statue of Robert E. Lee - April 1. The state Supreme Court ruled that a 1997 statute, which residents argued prohibited localities from removing Confederate war memorials, applies only to monuments erected after the law was adopted. Why it matters: Most of the controversial Confederate monuments and statues in Virginia were constructed between the 1880s and 1920s and thus are not protected by the law, according to the ruling. So localities are free to decide whether to continue to display them. -- Washington Post
Officer says racism at Port Huron-Canada border happens daily: 'It needs to be exposed' - April 2. In a new lawsuit, three of four Black Customs and Border Protection officers stationed at the bridge between Port Huron, Michigan, and Sarnia, Ontario, are suing the Department of Homeland Security for routinely targeting and harassing Black travelers. Why it matters: The lawsuit brings attention to the disproportionality of CBP arrests at the Michigan border — more than 95 percent are people of color — as well as the underrepresentation of people of color in the CBP ranks. -- Detroit Free Press
Kerry says the US hopes it can work with China on climate - April 3. John Kerry’s optimistic statements come when the relationship between the U.S. and China is especially strained over human rights and economic issues. Why it matters: China is currently responsible for 30 percent of global carbon emissions, but has signaled a willingness to engage in climate talks with the U.S. -- The Hill
Welcome to the socialist revolution in Somerville April 5. The six candidates running for city council in Somerville define socialism as supporting a broad range of progressive but not necessarily extreme policies that have wide-ranging appeal among Democrats. Why it matters: Anger over social inequality and racial injustice are pushing many people to embrace socialism, making the once-stigmatized views more accepted. With the upcoming election Somerville could become home to the only majority-socialist city council in the U.S. If the trend continues, it may only be the first of many in coming years. -- Boston Globe
#POLITICS TRIVIA
By Kate Grumke, @KGrumke
Politics producer
On this day in 1929, the Louisiana House of Representatives impeached its controversial governor, a progressive populist who President Franklin Delano Roosevelt reportedly considered “one of the two most dangerous men in America” and whose nickname was “the Kingfish.”
Our question: What Louisiana governor was impeached on this day in 1929?
Send your answers to [email protected] or tweet using #PoliticsTrivia. The first correct answers will earn a shout-out next week.
Last week, we asked: How much did the U.S. pay to purchase Alaska?
Answer: $7.2 million
The U.S. paid Russia $7.2 million to purchase Alaska in 1867. Alaska wouldn’t become a state until 1959, the same year Hawaii became a state.
Congratulations to our winners: Jackie Austin and Jim Brydon!
Thank you all for reading and watching. We’ll drop into your inbox next week.
