Senate Republicans late Wednesday made use of arcane procedural maneuvers to bypass the chamber's 60-vote filibuster and move ahead with a measure to overturn federal waivers that allowed California to set tougher vehicle pollution standards.
The 51-46 party-line vote came after the Senate parliamentarian, the unelected arbiter of the chamber's procedures, said that the Environmental Protection Agency waivers issued at the tail-end of the Biden administration did not qualify as federal rules for the purpose of the Congressional Review Act (CRA).
The CRA gives lawmakers a limited window to overturn federal rules, and resolutions brought under the law are not subject to the Senate filibuster. The Republican-controlled House voted earlier this month to repeal the California waivers with a CRA resolution, paving the way for Senate action.
On Wednesday, Senate Republicans engaged in a procedural gambit that allowed them to skirt the filibuster while claiming they did not vote to overrule the parliamentarian. As The New York Times explained, Republicans "argued that the situation was 'novel'... allowing the Senate to establish its own course of action since no exact precedents existed."
Lisa Gilbert, co-president of the progressive watchdog group Public Citizen, warned in a statement that the GOP move sets a dangerous precedent, potentially laying the groundwork for Republicans to bypass parliamentarian rulings on provisions of the sprawling reconciliation package that the House passed Thursday morning.
"Tonight they voted to disregard clear legal requirements in their own statutes and rulebook, jettison the judgment of the Senate's referees, and sow long-term chaos so they could pass a brazenly corrupt handout to Big Polluters," said Gilbert. "It's outrageous, dangerous, and reckless in the extreme."
"Senate Republicans have now set the stage to potentially do the same thing in service of adding nongermane, devastating policy provisions to their horrific reconciliation bill of tax handouts for the wealthy and cuts to our social safety net," Gilbert added.
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