How does someone become the Senate Parliamentarian?

Is she going to get fired?

Elizabeth MacDonough, Senate Parliamentarian

Because I am so lacking in understanding the role of the Senate parliamentarian, I asked both Perplexity and Gemini and got the following:

Perplexity: The Senate parliamentarian is a nonpartisan official who serves as the chief interpreter of the Senate’s complex rules and procedures, providing guidance to the presiding officer—typically the Vice President or president pro tempore—during debates, votes, and other proceedings. The current parliamentarian, Elizabeth MacDonough, has held the position since 2012 and is notable as the first woman to serve in this role.

Key Responsibilities of the Senate Parliamentarian

• Advising the presiding officer on all procedural aspects of Senate activity, including points of order and parliamentary inquiries.

• Deciding what conduct is appropriate on the Senate floor, including recognition of senators, eligibility for debate, and the admissibility of amendments.

• Determining which committee should receive each bill or resolution introduced or received by the Senate.

• Interpreting the rules governing the budget reconciliation process, which allows certain bills to pass with a simple majority instead of the usual 60 votes required to overcome a filibuster.

• Maintaining records of Senate precedents and helping to ensure consistency and predictability in Senate proceedings.

How the Senate Parliamentarian Gets the Job

• Appointment by the Senate Majority Leader: The parliamentarian is appointed by the Senate majority leader, currently Senator John Thune (R-SD), and serves at the leader’s pleasure.

• Nonpartisan Role: While appointed by the majority leader, the parliamentarian is expected to act neutrally and is not affiliated with any political party.

• Selection from Senior Staff: Traditionally, the parliamentarian is chosen from among the senior staff in the parliamentarian’s office, which helps ensure continuity and expertise in Senate procedures.

• Tenure: The parliamentarian can be removed by the majority leader, as happened in 2001 during a dispute between then-parliamentarian Robert Dove and Majority Leader Trent Lott.

Question for Gemini: Elizabeth MacDonough has gotten a lot of publicity about her rulings on the current "Big Beautiful Bill" in the Senate. What rulings have created this publicity and is she in danger of being fired?

Elizabeth MacDonough, the Senate Parliamentarian, has gained significant publicity due to her rulings on the "Big Beautiful Bill" (also referred to as the "One Big Beautiful Bill"). These rulings have largely stemmed from her application of the Byrd Rule, which dictates that provisions in reconciliation bills (which can pass with a simple majority of 51 votes instead of the usual 60) must have a direct and substantive impact on federal spending or revenues, not primarily change policy.

Here are some of the key rulings that have created this publicity:

• Medicaid Provisions: MacDonough ruled against several significant Medicaid-related provisions that Republicans had included, including:

  • A measure to hold down Medicaid costs by cracking down on state provider taxes, which was projected to save hundreds of billions of dollars.

  • Efforts to block noncitizen immigrants from receiving Medicaid, Medicare, and CHIP benefits.

  • Provisions targeting funding for gender-affirming care.

• Judicial Oversight Limits: A proposal to restrict federal courts' ability to issue nationwide injunctions or temporary restraining orders was deemed noncompliant.

• Public Lands Sales: Attempts to expedite the sale of federal lands were struck down.

• Environmental Rollbacks: The repeal of EPA standards for vehicle emissions and a measure allowing developers to bypass judicial environmental reviews were removed.

• Federal Oversight Changes: Language weakening the Consumer Financial Protection Bureau and slashing pay for Federal Reserve staff also failed to pass the reconciliation test.

• Food Aid (SNAP) Requirements: A measure that would have required all states to pay a percentage of SNAP benefit costs, with their share increasing if they reported a higher rate of errors, was also rejected.

• Border Security and Immigration Enforcement: Language authorizing states to conduct border security and immigration enforcement, and conditioning funds on immigration policy compliance, was ruled out.

• Asylum Seeker Fees: A proposed $1,000 fee for asylum applicants and other new immigration fees were deemed subject to a 60-vote threshold, effectively blocking their inclusion in the reconciliation bill.

• Private School Vouchers and Tax Credits: Provisions creating new federal subsidies for private and religious schools, and exempting certain religious colleges from endowment taxes, were struck.

• Gun Silencer and Easily Concealable Gun Deregulation: Provisions removing regulations on gun silencers and easily concealable firearms under the National Firearms Act were rejected.

• Workforce Pell Grants: A proposal to expand Workforce Pell grants was also nixed.

These rulings have forced Republicans to either strip these provisions from the bill or secure a 60-vote supermajority to keep them in, which is a significant challenge given their current 53 Senate seats.

Is she in danger of being fired?

While some Republican lawmakers, such as Senator Tommy Tuberville and Representative Greg Steube, have publicly called for Elizabeth MacDonough's firing, the general consensus among leadership appears to be against it.

• Senate Majority Leader John Thune has explicitly stated that the Senate would not move to overrule or fire the parliamentarian, noting "that would not be a good outcome for getting a bill done."

• Historically, parliamentarians have been replaced by majority leaders from both parties, but this is rare and often seen as a significant disruption to Senate norms.

• Many, including Michael Thorning of the Bipartisan Policy Center, view MacDonough as a "very much an honest broker" who is essential to the Senate's functioning and its reliance on its rules. Overruling or firing her during reconciliation could be seen as setting a precedent that undermines the rules and the filibuster itself.

• It's worth noting that MacDonough has also made rulings that have frustrated Democratic ambitions in the past, such as blocking a minimum wage hike in a Covid-19 relief bill and dropping immigration provisions from climate legislation. This suggests a non-partisan application of the rules.

Therefore, while there have been calls for her dismissal, it is unlikely that Elizabeth MacDonough is in immediate danger of being fired, as both parties generally value the non-partisan role of the parliamentarian in upholding Senate rules.