In Washington, a group of Republican lawmakers expressed frustration on Thursday following the Senate parliamentarian’s decision that certain components of their tax and immigration proposal could not be included in the legislative package. Senator Tommy Tuberville of Alabama voiced his dissatisfaction on social media, suggesting the immediate removal of Senate Parliamentarian Elizabeth MacDonough. Meanwhile, Representative Greg Steube from Florida accused her of political bias, questioning why an “unelected bureaucrat, appointed more than a decade ago by Harry Reid,” has the authority to influence the bill’s content.
This isn’t the first instance where the usually discreet role of the parliamentarian has faced public scrutiny. In the past, MacDonough had similarly disrupted Democratic initiatives. In 2021, she advised that a minimum wage increase should not be part of the COVID-19 relief package. Later that year, she suggested Democrats exclude the provision allowing millions of immigrants temporary residency in the U.S. from a significant climate change bill.
The increasing focus on MacDonough’s rulings highlights a shift in Congressional tactics, where legislators often look to insert key policy priorities into bills that are immune to Senate filibusters. This process adheres to specific regulations meant to exclude non-fiscal provisions, and that’s where the parliamentarian’s role becomes crucial, offering guidance on which proposals meet the criteria.
Her latest advisory has particularly impacted Republican attempts to extract substantial amounts from Medicaid in the upcoming decade. Even though Senate Republicans might choose to contest her advisories, it’s unlikely they will pursue such action.
Understanding the Parliamentarian’s Role
Both the Senate and the House have parliamentarians who offer counsel based on the respective chamber’s rules and traditions. Their guidance is typically observed by the chairperson presiding over the chamber as they navigate procedural matters and parliamentary queries. Importantly, parliamentarians provide nonpartisan, confidential insights to lawmakers and staff, with their recommendations serving as advice rather than mandates. In the context of the current tax and spending legislation under review, the parliamentarian’s assessment is pivotal in determining if the reconciliation bill adheres to its fiscal focus.
MacDonough’s Historical Appointment
Elizabeth MacDonough, whose background is in English literature, stands as the first female Senate parliamentarian and the sixth person to occupy the position since its inception in 1935. Her career in the Senate began in its library, after which she pursued a law degree at Vermont Law School. Initially joining the parliamentarian’s office in 1999 as an assistant, she was appointed in 2012 by Democratic majority leader, Harry Reid, and later retained by Republican Mitch McConnell in 2015.
Her tenure has seen significant moments, including aiding Chief Justice John Roberts during the 2020 impeachment trial of former President Donald Trump and assisting during Trump’s second trial in 2021. On January 6, 2021, during the Capitol riots, MacDonough played a role in safeguarding critical Electoral College vote certificates, even as her office was vandalized.
Is the Senate Bound by the Parliamentarian’s Guidance?
The recommendations of the parliamentarian are advisory, with the presiding officer deciding whether to accept them. Should there be disagreement, the matter can be settled through a Senate vote. According to Michael Thorning, the director of structural democracy at the Bipartisan Policy Center, it’s unlikely that Republicans will choose to override MacDonough’s recommendations. Republican Senator Kevin Cramer alluded to the importance of institutional integrity despite disagreeing with her rulings.
Thorning remarked that both parties view MacDonough as impartial, understanding that her decisions sometimes work in their favor and sometimes do not. He emphasized that consistently disregarding the parliamentarian’s advice could erode the importance of Senate rules.
Historical Precedents of Dismissal
In the past, Senate majority leaders from both political parties have replaced parliamentarians. For over thirty years, the position alternated between Robert Dove and Alan Frumin, contingent upon which party controlled the Senate. Despite their different tenures, their interpretation of Senate rules remained fairly consistent.
MacDonough followed Frumin in the role, with Thorning highlighting that the limited calls for her removal illustrate her reputation for political neutrality. He noted, “Senators understand this isn’t about politics.”