Who is the Senate parliamentarian and why does she have so much control over Trump's tax bill?

Yahoo

2 days ago

WASHINGTON — The official procedural adviser for the Senate has come under fire after issuing a number of rulings that remove key components of Republicans' massive tax package, with some lawmakers even suggesting to remove her from her post.
A growing number of Republicans have pushed to fire Elizabeth MacDonough, who has served as the Senate parliamentarian since 2012 after being appointed by then-Senate Majority Leader Harry Reid. But after stripping several Medicaid-related provisions in President Donald Trump's tax bill on Thursday, some lawmakers want to fire her amid accusations of political bias.
'The WOKE Senate Parliamentarian, who was appointed by Harry Reid and advised Al Gore, just STRUCK DOWN a provision BANNING illegals from stealing Medicaid from American citizens,' Sen. Tommy Tuberville, R-Ala., said in a post on X. 'Her job is not to push a woke agenda. THE SENATE PARLIAMENTARIAN SHOULD BE FIRED ASAP.'
A handful of other Republicans have echoed those calls, accusing MacDonough of illegally blocking Trump's agenda. However, GOP leaders such as Senate Majority Leader John Thune, R-S.D., have brushed off those suggestions, arguing it would set a bad precedent.
Thune also rejected overruling the parliamentarian on her decisions about what can and cannot be included in the reconciliation package, telling reporters 'that would not be a good option for getting a bill done.'
The parliamentarian acts as an adviser to the Senate by interpreting its rules and procedures to determine how certain legislation can be advanced.
In the reconciliation process, the parliamentarian must review all provisions and proposals to ensure it adheres to the strict rules that allow the package to be free from the filibuster. Through the budget reconciliation process, Republicans can circumvent Democratic opposition and prevent a filibuster to expedite the passage of certain legislation and go around the minority party by enacting key pieces of their agenda with a simple majority vote.
But there are certain rules that dictate how often reconciliation can be used, and the procedure can only be utilized to advance budget-related legislation such as taxes, spending and the debt limit.
The parliamentarian is responsible for reviewing each provision based on those guidelines to approve whether it is subject to a simple-majority vote or must go through the filibuster process.
Republicans have gotten increasingly frustrated with MacDonough after a series of rulings that determined key provisions related to Medicaid did not adhere to reconciliation rules, forcing party leaders to either rewrite those portions or remove them altogether.
One of the most controversial proposals removed from the bill is language seeking to crack down on state provider taxes, which are taxes placed by states on medical providers like hospitals and clinics that then boost reimbursement from the federal government. The proposed bill sought to reduce that tax from the current 6% down to 3.5%, raising concerns among lawmakers from states they say rely on that tax to provide money for health coverage.
The removal of that provision deals a major blow to Republicans as they estimated it would save billions of dollars to help pay for the tax cut extensions.
That decision prompted outrage from House and Senate Republicans, who said MacDonough should be fired over accusations of bias.
'The Senate Parliamentarian is not elected. She is not accountable to the American people. Yet she holds veto power over legislation supported by millions of voters,' said Florida Rep. Greg Steube. 'It is time for our elected leaders to take back control. (Vice President JD Vance) should overrule the Parliamentarian and let the will of the people, not some staffer hiding behind Senate procedure, determine the future of this country.'
Although MacDonough is currently a target of accusations that she is biased against Republicans, just a few years ago the parliamentarian was making similar rulings against Democrats.
MacDonough also oversaw Democrats' reconciliation efforts in 2021 when she ruled against a provision to increase the federal minimum wage, prompting anger from Democrats who controlled both chambers of Congress at the time.
Since the latest rulings, a handful of Senate and House Republicans have urged their colleagues to either fire the parliamentarian or simply ignore her rulings.
While the Senate majority leader holds the power to fire the parliamentarian, it doesn't appear Thune is eager to do so. The top Senate Republican has repeatedly indicated he would follow the rulings issued by MacDonough and that he has contingency plans to readjust the tax provisions that have so far been stripped from the bill.
However, there is historical precedent for removing the parliamentarian. Then-Majority Leader Trent Lott removed Robert Dove from the position in 2001 due to similar disputes over budget reconciliation rulings.