Fact Check: "Republicans' bill violates Byrd Rule, risking 60-vote threshold."
What We Know
The Byrd Rule is a provision in the U.S. Senate that restricts the use of budget reconciliation to only those provisions that directly affect federal spending, revenue, or the debt limit. If a provision is deemed to violate the Byrd Rule, it can be challenged and requires a 60-vote threshold to remain in the legislation (see Budget Reconciliation Explainer). Recently, the Senate Parliamentarian advised that several provisions in the Republican "One Big, Beautiful Bill" violate this rule and would thus be subject to the 60-vote threshold if included (see More Provisions in Republicans’ “One Big, Beautiful Bill”).
The provisions identified as violating the Byrd Rule include limitations on grant funding for "sanctuary cities," restrictions on immigration enforcement, and limitations on federal court injunctions against the government (see Senate parliamentarian deals blow to GOP plan). This advice indicates that the bill's authors may face significant challenges in passing these provisions without bipartisan support.
Analysis
The claim that the Republican bill violates the Byrd Rule is substantiated by the Senate Parliamentarian's recent guidance. The Parliamentarian's role is to ensure that legislation adheres to Senate rules, including the Byrd Rule, and their advice carries significant weight in the legislative process. The provisions highlighted by the Parliamentarian are not merely technicalities; they reflect substantive policy changes that could have wide-ranging implications for immigration enforcement and federal funding (see Senate Parliamentarian: Megabill Sections Violate Byrd Rule).
Critically, the reliability of the sources discussing this issue is high, as they come from official Senate communications and reputable news outlets. The statements from Ranking Member Jeff Merkley, who has been vocal about the implications of these provisions, also lend credibility to the claim that the bill faces procedural hurdles (see Press Item). However, it is important to note that the Parliamentarian's advice does not reflect a judgment on the policy merits but rather on procedural compliance.
Conclusion
The claim that the Republican bill violates the Byrd Rule, thus risking a 60-vote threshold, is True. The Senate Parliamentarian has explicitly stated that several provisions within the bill do not comply with the Byrd Rule, confirming that these provisions will face significant challenges in the Senate unless they can garner the necessary bipartisan support.
Sources
- More Provisions in Republicans’ “One Big, Beautiful Bill” Are Subject to Byrd Rule, Parliamentarian Advises
- Press Item | Press | Ranking Member's Newsroom | Ranking Member | U.S ...
- Several Additional Provisions in Republicans’ “One Big, Beautiful Bill” Are Subject to 60-Vote Threshold, According to Senate Parliamentarian
- Budget Reconciliation Explainer
- Senate parliamentarian deals blow to GOP plan to gut consumer bureau in ...
- Senate Parliamentarian: Megabill Sections Violate Byrd Rule, Need 60 Votes