Some Republicans are uneasy that their party is pursuing a tactic that could weaken the filibuster and backfire in the future.
Senator John Thune, Republican of South Dakota and the majority leader, has made preserving the institution of the Senate his signature issue since Day 1. And in his inaugural speech as leader in January, he called the filibuster “the Senate rule that today has perhaps the greatest impact on preserving the founders’ vision of the U.S. Senate.”
But as he maneuvers to push through President Trump’s domestic agenda, including a huge tax cut, he is making an end run around the filibuster through procedural sleight of hand, alarming members of both parties. Concern about the move among Republicans slowed the start of a heated debate this week on the G.O.P. budget plan, and could present a serious impediment to passing the tax and spending cuts the president and congressional Republicans are seeking.
“The question that I have is, does this take us to a place where we have eroded that aspect of the rule that has really kept us upright?” Senator Lisa Murkowski of Alaska said. She was one of a group of Senate Republicans who pressed their leaders on Thursday for a better explanation of what their budget approach meant for the filibuster they have vowed to defend.
At issue is the Republican use of a complex process known as budget reconciliation to try to deliver trillions of dollars in tax cuts later this year. The process has been used extensively by both parties when they control Congress and the White House. It is the only way to shield major legislation from a filibuster, which requires 60 votes to overcome, and allow it to move through the Senate on a simple majority vote.
But the exception is intended to be narrow. In exchange for filibuster protection, lawmakers must follow a rigorous set of budgetary rules meant to ensure that the legislation in question will not add to the deficit.
The Senate parliamentarian is in charge of interpreting and enforcing those rules, and ordering lawmakers to strip out any provisions that do not comply. But this year, Senate Republicans are saying they will rely on their own interpretation of the budget rules where it concerns their tax cut plans, sidestepping the parliamentarian altogether.