Senate Republicans Could Blow Up the Filibuster to Pass More Harmful Legislation
WASHINGTON, D.C. — Despite top Republicans’ promises to maintain the filibuster, Senate Republicans are considering a backdoor maneuver to overrule the Senate parliamentarian and pass harmful legislation with just a simple majority.
In early May, the House voted in favor of three Congressional Review Act (CRA) resolutions that would repeal waivers issued by the Environmental Protection Agency (EPA) under President Biden to the state of California that allow California to set protective pollution standards for certain vehicles under the Clean Air Act (CAA) without being preempted by EPA’s national standards.
The Government Accountability Office (GAO) has twice found, and the Senate Parliamentarian has reaffirmed, that these waivers are not “rules” under the CRA and thus not eligible for repeal under the CRA’s simple majority procedure. These three resolutions of disapproval, having passed the House last week, are headed to the Senate. If they move these resolutions to the floor and bypass the parliamentarian’s determination, Senators would set a precedent that could be used to circumvent Senate filibuster rules on any topic.
Lisa Gilbert, co-president of Public Citizen, released the following statement:
“If Senators are willing to overrule the Senate parliamentarian and circumvent Senate rules on the filibuster for the Congressional Review Act, there is nothing to stop them from going nuclear over and over with policies that would harm Americans and destabilize our democracy. This could happen with other CRA proposals or in the reconciliation process.
“Anti-democratic and authoritarian measures, corporate giveaways, and rights infringements that could never become law if normal Senate rules were followed – legislation making it harder to vote, repealing core environmental standards, stripping abortion rights, and more – might suddenly become law. A backdoor nuclear option sets an atrocious precedent and must not be allowed. Critical checks hang in the balance.
“Most Senators are loath to make their institution more like the House. This backdoor nuclear option would not only make the Senate more like the House – it would make the Senate more like the chaotic, make-it-up-as-you-go White House. That’s the last thing the country needs right now.”
Read more on the CRA here.