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Democrats Suddenly Get a Big Break

This is a big deal:

(Typo alert: Bolton means 2021, not 2020.)

For the past couple of months Schumer has been arguing that Section 304 of the Congressional Budget Act of 1974 allows two budget reconciliation bills per year, not just one. The second one, he says, can be passed as a revision to the first one as long as the House agrees.

The value of a budget reconciliation bill is that it can't be filibustered and requires only 50 votes to pass. Democrats have already used it once to pass the $1.9 trillion coronavirus bill, and they'd like to use it again to pass President Biden's infrastructure bill. Now, according to the parliamentarian, they can.

This is an end-run around the filibuster, but not a perfect one. Reconciliation bills are limited to things that affect the budget, like taxes and spending, and nothing else. So it's probably OK for an infrastructure bill, but not, say, for a bill to raise the minimum wage of $15.

Nevertheless, there are a fair number of things that fall under the broad umbrella of the budget. Since Democrats control the House—which has to agree to all this—it means they get a chance to pass two big bills this year and then another two later in the year during work on the FY22 budget.

None of this changes the fact that they still have to round up 50 votes in a Senate with 50 Democrats. And it won't help with some of their highest priorities, like the mammoth bill to set federal voting standards. But it still opens up a lot of possibilities.

20 thoughts on “Democrats Suddenly Get a Big Break

  1. arghasnarg

    It really is kinda remarkable. Things are breaking the Democrats' way, and with minor exceptions, they keep not fucking it up.

    I don't know how to take this.

    1. Special Newb

      I'm not over joyed that certain things are not being done but I'm pleased by most of what's being done. The whole situation largely makes me inclined to work with Democratic electeds than to attack them. Manchin and Sinema and occasional others are obviously a problem but that wluld be true regardless.

      1. MontyTheClipArtMongoose

        Wait til Brent Welder changes his residency to Arizona, primaries Sinema, then wins the general election going away.

        The Brand New Congress will laugh all the way to the bank!

  2. MontyTheClipArtMongoose

    Wait til Brent Welder changes his residency to Arizona, primaries Sinema, then wins the general election going away.

    The Brand New Congress will laugh all the way to the bank!

    1. KawSunflower

      OK, I'll confess to wondering what it is that I don't know about that particular Kansan that you apparently do - or is this just some sort of random thing?

      Whatever it is, this displaced Lawrence native admits to not being in on it.

      Or is there another Beent Welder?

  3. bbleh

    Reconciliation bills are limited to things that affect the budget, like taxes and spending, and nothing else ...

    ... unless the Chair overrules the Parliamentarian and/or a majority of the Senate votes otherwise.

      1. bbleh

        True, although it might be very selective nuking, just as was done with nominations, and indeed with the reconciliation process. The filibuster is not all-or-nothing.

      2. Jasper_in_Boston

        I don't think it's quite the same as eliminating the filibuster, at least if it's on only a narrow parliamentary point. The optics of complete filibuster elimination are (at least I believe so) quite a bit more dramatic, and so constitute an actual substantive difference (in terms of media coverage, effect on politics, etc).

    1. bbleh

      You bet. Give McConnell et al another chance to shoot themselves in the foot and yell about how they owned the libs, which if recent experience is any guide they will take.

      1. Salamander

        "Moscow Mitch" seems to be taking every last opportunity for foot-shooting. Now he, and by extension the National Republican Party, have turned on Corporate America. All of a sudden, corporations should no longer have the right to free speech.

        Wait'll he finds out that the "speech" he's talking about has always meant "money." Just money. Which formerly would have gone to Republicans.

        1. KawSunflower

          Yes, this development made me look forward to possible additional ones that may teach McConnell that he isn't in charge of everything he surveys now.

          He's so accustomed to ruling in a negative way that he just might decide that continuing to "serve" Kentucky by grifting with his wife & her family isn't worth another election.

  4. S1AMER

    Credit where credit is due:

    Chuck Schumer and some smart staffers figured out how to present this to the parliamentarian. It's a big win, and it didn't come about by accident.

    Chuck Schumer is doing one heck of a job running the Senate. That needs to be noticed, and praised, far more frequently.

    1. azumbrunn

      I agree. When Schumer became minority leader lots of people were strongly opposed to him because of his ties to the financial industry. Turns out they were wrong. He has what it takes for the job regardless of his own political preferences. Turns out skills are the key to success in this job, policy positions are less important. Harry Reid, we must remember is pro-life. This has done no damage to the country or the party while he was the leader.

      1. Jasper_in_Boston

        Agreed. Democrats engage in way too much lazy, facile, guilt by association (lots of solidly liberal people are rich and/or are friends with rich folks). I think the country could do worse, say, than having Warren Buffett as president if he were 20 years younger.

        The country's probably never had a more aristocratic president than FDR, nor a more effective progressive in the White House.

  5. Summerof73

    Kevin seems to get amnesia that they could pass anything they wanted to with 50 votes in the Senate. This is the Secret Senate compromising and letting Dems pass another bill. Otherwise Manchin might go along with completely call the whole charade off. But it is a charade and no post shouldn't clearly state that. We can compromise by making sure that the comment thread includes this very important point. 🙂

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