In a new memo circulating to lawmakers and obtained by
The Daily Poster,
Harris’s power as the presiding Chair of the Senate is spelled out, citing a precedent set during the Clinton administration.
“It would take 60 votes to overturn the ruling of the Chair on a Byrd Rule point of order, regardless of what the Parliamentarian advises,” states the memo. “Based on a search of the Congressional Record, it appears that only twice has the chair’s ruling on a Byrd Rule point of order been appealed. Both instances
occurred on August 6, 1993, during consideration of the Omnibus Budget Reconciliation Act of 1993. Neither appeal garnered the 60 affirmative votes necessary to overturn the Chair’s ruling.”
The memo spells out exactly how Democrats could use the same process now, explaining the scenario that would play out if Harris invoked her power:
“What would probably happen is a senator would appeal the ruling of the chair and then the full Senate would vote on whether to sustain the appeal,” it says.
“The Chair’s ruling would be upheld as long as there are not 60 affirmative votes to sustain the appeal. So, if the majority could hold enough members together (less than 60 affirmative votes to sustain the appeal), the ruling that runs counter to the Parliamentarian’s advice would be upheld.”
The same memo also warns against Harris accepting the parliamentarian’s advice and Senate Democrats then pretending to push for the new minimum wage as part of the deliberations. In that situation, the memo suggests Democrats would be setting the minimum wage measure up for defeat.
“If in the same scenario, the chair
followed the parliamentarian’s advice (and) a senator from the majority party (in favor of the provision at issue) were to appeal that ruling, then it would also take 60 affirmative votes to overturn the chair’s ruling,” says the memo. “Thus, the majority would be in a weaker position by doing it this way, because they would need to muster 60 affirmative votes to overturn the chair.”