The Byrd Rule is a special Senate rule that was created in 1985, which bears the name of Sen. Robert Byrd. The rule keeps lawmakers from adding things to a budget bill that don’t directly change government taxing or spending. The rule is important because it ensures that budget bills have nothing to do with policy other than money. It ensures that if an aspect of the bill mainly changes policy instead of money, the Byrd Rule says that it can be stricken.
Why is that significant? Senate budget bills can be passed with a simple majority (51 votes) instead of needing 60 votes to avoid a filibuster. But in order to take the shortcut, the bill must meet the Byrd Rule.
Who determines what violates the Byrd rule?
That’s where Elizabeth MacDonough comes in. She is the Senate parliamentarian, the referee who keeps everyone in the Senate within the Senate rules. She’s not a voter or elected, but her role is extremely powerful. She reads legislation and decides what is an acceptable provision under Senate rules and what isn’t.
Last week, MacDonough examined Trump’s massive tax and spending bill, known as the “One Big Beautiful Bill,” and eliminated some portions that violated the Byrd Rule.
Why is the Byrd rule affecting Trump’s big bill?
Trump’s bill tries to do it all: extend his 2017 tax cuts, enhance border security, change tip taxes, and more. But none of the bill’s provisions are really about money. For example, one proposal wanted states to help pay for food assistance programs (so-called SNAP). That’s primarily a policy adjustment, not a budgetary adjustment. So, McDonough ruled that it violates the Byrd Rule and must be stripped.
Other measures include the repeal of limits on courts to hold Trump officials in contempt and ending money for the Consumer Financial Protection Bureau, which protects people from financial fraud.
If the Republicans want to keep these subsections, they need 60 votes, which they do not have, since Republicans only have 53 seats in the Senate.
Because of these choices, the Republicans must either strike out those sections or acquire a supermajority of 60 votes to keep them. That’s not very likely. So the bill is smaller and weaker than intended.
Senate Majority Leader John Thune can try to override MacDonough, but he will not. You can also replace McDonough with someone who’ll view the rules differently, but that is rare and may cause controversy.
Why should you care?
Even though the Byrd Rule sounds pedantic and dry, it regulates the way large budget bills come to appear in the Senate. It forces legislators to keep bills single-spaced as far as cash is concerned, not policy shifts or political promises that need additional votes. It is currently stalling Trump’s big plan because certain parts do not meet the rule.
Thus, Elizabeth MacDonough, the Senate’s low-key rules guru, is determining what legislation actually can get enacted, even more than some elected officials.
If you’re following this, watch how Republicans attempt to mend their bill or if they try to alter the Senate rules themselves. It’s a significant aspect of how Washington operates behind the scenes!
