Senate Majority Leader John Thune (R-SD) is rebuffing an upswell in anger at the Senate’s parliamentarian after she dealt a blow to major elements of Republicans’ tax bill.
It would be a mistake to overrule Elizabeth MacDonough, Thune told reporters on Thursday after she struck Medicaid reforms designed to recoup hundreds of billions in savings.
“That would not be a good outcome for getting a bill done,” Thune said.
The rulings sparked House GOP calls for her to be sidelined by the Senate on Thursday, a dramatic step that requires a simple majority vote. Some even want her fired, with Sen. Tommy Tuberville (R-AL) accusing her of being a “woke” Democratic appointee.
MacDonough was appointed by the late Democratic leader Harry Reid, but is a nonpartisan referee who has frequently sided against Senate Democrats.
Instead, Thune said Republicans would work within the confines of reconciliation, the filibuster-skirting budget process, and rework the provisions to make them compliant.
“There are things that we can do. There are other ways of getting to that same outcome,” he said.
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The rulings come as Thune attempts to cobble together the GOP votes to pass the megabill, a hodge-podge of tax, border, and defense priorities, by this weekend.
On Thursday, Speaker Mike Johnson (R-LA) told reporters, “hope springs eternal” that Congress can finish by July 4, while suggesting he is open to overruling MacDonough.
“If only that were our decision. The senators have to make that call,” Johnson said. “I mean, I can make a case for it, but no one’s asked me for that.”
The Medicaid provisions, in particular, have been controversial as Thune resists pressure to soften a new cap in the provider tax, which states use to help pay for their share of Medicaid. That cap was ruled noncompliant with reconciliation rules, as was language excluding illegal immigrants from receiving program benefits.
“I mean, we may not have everything that we wanted in terms of the provider tax reforms, but if we can get most of the reforms there, get the savings that come with it, I mean, this is all about saving the taxpayers money,” Thune said.
Thune has been consistent that overruling MacDonough is not a step Republicans are willing to take, comparing it to a backdoor way to eliminate the filibuster — the 60-vote threshold for most Senate legislation.
But his commitment to that view has been tested repeatedly in the new Congress as Republicans attempt to cement President Donald Trump’s agenda, and roll back elements of former President Joe Biden’s.
In May, Thune undertook elaborate floor maneuvering to ignore MacDonough without directly challenging her to repeal waivers Biden granted for California’s strict emissions rules.
Frustration with the Senate parliamentarian dates back decades, and there is precedent for the official to be ousted. In 2001, Republicans dismissed Robert Dove over what they described as his “inconsistent” decision-making.
MacDonough faced similar calls from the Left in 2021, when she struck provisions, including a $15 minimum wage, from Biden’s marquee legislation.
This time, the calls are similarly limited to Thune’s right flank. Sen. Lindsey Graham (R-SC), the Budget Committee chairman, reaffirmed Wednesday that Republicans “will abide by” the parliamentarian’s rulings.
But the big question mark hanging over that commitment is a forthcoming ruling on the “current policy baseline,” a novel scoring method Republicans are using to treat trillions in tax extensions as cost-free.
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In April, Republicans used floor procedure to defer to Graham on the use of a current policy baseline, though it is unclear how they would respond if MacDonough rules against the accounting method later this week.
“She’s not gonna overrule that. That’s my decision,” Graham said on Wednesday.
Ramsey Touchberry contributed to this report.