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A boring parliamentarian ruling means big win for Democrats

A ruling by the Senate parliamentarian will allow Democrats to add additional provisions to the budget reconciliation used to pass the American Rescue Plan, the Biden Administration economic stimulus plan passed with 50 Democratic votes with Vice President Kamala Harris breaking the tie.

According to CNN, it’s still unclear what type of legislation could be included under the budget reconciliation, such as the Biden infrastructure plan under consideration in Congress.  Whatever is added to the resolution would only require 50 votes to pass the Senate after passing the Democratic-led House.

“While no decisions have been made on a legislative path forward using Section 304 and some parameters still need to be worked out, the Parliamentarian’s opinion is an important step forward that this key pathway is available to Democrats if needed,” Senate Majority Leader Chuck Schumer’s spokesman Justin Goodman said.

It’s possible that Democrats could add significant legislation to this resolution and still have one more opportunity to invoke reconciliation in the 2021 fiscal year.  Typically, reconciliation cannot be used in the Senate more than once in a session.  However, due to a quirk in Senate rules, because the Senate did not use reconciliation in the latter part of its last session, it may be used one more time for budget issues, after its use to pass the American Rescue Act.  This additional amendment essentially allows Democrats to use it three times in one session to pass bills with a 50+1 majority.

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