WASHINGTON—Democrats could use stall tactics in the upper chamber yet again to delay Trump appointees and Senate business. Democratic senators are concerned that Republicans will exclude them from the development process of tax reform legislation, similar to their prior claims of being left out during the Obamacare repeal debate.
Democrats threw a wrench into the Obamacare repeal by pointing out their input was ignored, then protested by deploying parliamentary tactics that slowed down the Senate. Committee meetings were often cut short or cancelled altogether after the Senate minority leader would regularly impose the two hour rule, which prevents committees from meeting after the Senate has been in session for two hours. Democratic senators demanded 30 hours of floor debate on Trump nominees, no matter how inconsequential the position.
Although in the minority, Democrats have successfully frustrated both the Trump administration and Republicans in the Senate. Now, with Obamacare repeal defeated, tax reform could be another vehicle at the Democrats’ disposal to delay both Trump nominees and the Senate’s agenda.
Maryland Democratic Sen. Ben Cardin told The Daily Caller Wednesday that if Republicans use reconciliation as opposed to regular order to pass a tax reform package, it is “less likely that they’ll be a bona fide effort to include all the members of the United States Senate in the development of the policy.”
Reconciliation is a legislative process used in the Senate that speeds up the passage of budgetary, spending, federal debt and revenue measures. It only requires 51 votes as opposed to the 60-vote cloture requirement prior to the final simple majority vote during regular order.
When asked by TheDC if Democrats would go back to using stall tactics considering reconciliation could be used to pass tax reform, Cardin replied, “I think there will be less cooperation if they use reconciliation for major issues such as taxes. I think that’s true. I think there will be a concern that you’re not going to have a fair shot in committees.”
“I heard that they wanted to go through committee. That’s a positive step. If the committee process is really open and fair and transparent, we will all have opportunities for input, and we have a bipartisan product that comes out of the finance committee,” Cardin said. “Then, the fact that it’s under reconciliation will not be as troublesome, although I do tell you that reconciliation does limit what you can do on legislation.”
Already, the Democratic caucus has listed its demands in a letter to the President and Republican leaders, warning them not to use reconciliation as a method to pass tax reform.
“We sent a letter, as you know, urging Sen. McConnell to take a lesson from the health care debate. That if he’ll do this in regular order, then we will have an orderly process through the committees and the amendments. If he wants to force it through reconciliation, which used to be rarely used and now it becomes standard procedure, don’t expect us to stand passively by,” Senate Minority Whip Dick Durbin told TheDC.
The letter sent to Republican leaders read in part: “Using a fast-track process like reconciliation would undoubtedly result in outsized political influence on the process and significantly hinder lawmakers’ ability to close loopholes and end special interest favoritism that plagues our current tax system,” wrote the Democratic senators, adding, “Tax reform cannot be a cover story for delivering tax cuts to the wealthiest. We will not support any tax plan that includes tax cuts for the top 1 percent.”