This week’s Wednesday Wonk takes a look at the role of the Senate Parliamentarian in passing legislation.  Why is this so important?  How does this actually impact the legislative process?

Currently, the Senate Parliamentarian is a woman named Elizabeth MacDonough as the Senate’s first female parliamentarian.  She has held the position from 2012 until present.  (Senator Harry Reid, (D-NV) who served as the Senate Majority Leader, appointed MacDonoungh to her current position.) Ms. MacDonough is widely respected, although some of her decisions have been controversial.  

It is the role of the Senate Parliamentarian to advise the presiding office about the various Senate rules—many of which are arcane and difficult to understand.  As explained on the website, NoLabels.org, ‘The Parliamentarian also offers advice about interpreting standing rules about legislation. The presiding officer of the Senate, which is either the vice president, the Senate president pro tempore, or his/her designee, usually accepts interpretations issued by the parliamentarian, but the interpretations are not binding on their own.”

Several weeks back, the Wonk talked about Reconciliation.  You may recall that normally, it takes 60 votes to pass legislation in the Senate.  The reconciliation process allows the Senate to pass budget-related legislation with a simple majority of 51 votes. This means that provisions of the reconciliation bill cannot be filibustered.  

The Wonk also explained the so-called Byrd Rule. In a nutshell, the Byrd rule prevents a reconciliation bill from containing non-budgetary provisions that supporters might otherwise wish to have an easier path to passage.

Since it is the job of the Senate Parliamentarian to interpret Senate rules, her decisions can sometimes be controversial.  Remember earlier this year, the Democrats argued that the minimum wage should be increased to $15 an hour?  As explained by The Hill, “MacDonough dealt Democrats a setback …when she ruled that language raising the minimum wage could not be included in the COVID-19 relief package because unlike the other components of the bill, it’s budgetary impact was incidental to its sweeping implications for the U.S. economy as a major policy change.”

Some Democratic Senators wanted Ms. MacDonough relieved of her duties, while others suggested that her decision be overruled. Yet, Senate Majority Whip Dick Durbin (D-Ill.) stated,  “This parliamentarian is a principled person who gave the ruling that she thought was right under the rules,”

In a 2018 commencement speech at the University of Vermont, School of Law, Ms. MacDonough said, “I represent the interest of my unseen client, the institution of the Senate itself…No matter who is in my office asking for assistance, I represent the Senate with its traditions of unfettered debate, protection of minority rights and equal power among the states.” (Excerpted from New York Times article dated March 6, 2021.)

With the Senate evenly divided for the foreseeable future—one thing is very clear: the Senate Parliamentarian will probably play a prominent role in the months and years to come!

Before you go…the Wednesday Wonk is taking a couple of weeks off to rest and enjoy family and friends.  Nevertheless, I won’t leave my beloved readers high and dry!  I plan to send out some earlier editions of the Wonk!  Plus, I plan to send out a few stories of things that happened to me while I worked on the Hill.  As always, I welcome your questions and comments!

Til next time, happy reading!