The Senate Parliamentarian plays an important but mostly overlooked role in the legislative process of the United States Senate. This ‘nonpartisan’ official acts as the chief interpreter of the Senate’s complex rules and procedures, advising the presiding officer on how to apply them during debates, votes, and other proceedings.
The current Senate Parliamentarian is Elizabeth MacDonough, who has been in the job since 2012. She’s not affiliated with any political party as neutrality is supposed to be a requirement of the role. Like a referee.
The Parliamentarian is appointed by the Senate Majority Leader (John Thune of SD). The person’s main job is to provide guidance on the Senate’s complex procedural rules. Things like advising the presiding officer during debates, deciding the proper referral of legislation to committees, and making sure legislative actions follow established Senate procedures.
While MacDonough is appointed by the Senate Majority Leader (Thune) they don’t “report” to any one Senator or party. Instead, they serve the institution of the Senate itself.
One of the Parliamentarian’s most important jobs has to do with the development of the federal budget – which is underway right now. The Parliamentarian decides what legislative provisions qualify for inclusion in budget reconciliation bills. Essentially, she decides what policy measures get to bypass the standard 60-vote filibuster threshold and instead pass with a simple majority (51 votes).
According to Senate rules budget reconciliations just need 51 votes vs. the 60 votes needed for other measures.
To make the determinations, the Parliamentarian is supposed to apply something called the Byrd Rule, which limits budget reconciliation to things that directly affect federal revenues or expenditures.
The Parliamentarian is supposed to assess whether each part of a bill adheres to this rule. If a provision is believed not related to the budget, it’s supposed to be removed unless 60 Senators vote to override the ruling—effectively reinstating the filibuster barrier for that section.
For example, in 2021, MacDonough ruled that a proposed minimum wage increase could not be included in a COVID-19 relief package passed via reconciliation, saying it did not have a direct budgetary impact. In 2017, she advised that several provisions in a Republican-backed healthcare bill (the ‘skinny repeal’) didn’t meet reconciliation rules, forcing their removal or requiring 60 votes for passage.
While the Parliamentarian’s decisions are advisory, they historically have carried weight. Senate Majority Leaders have historically followed the Parliamentarian’s guidance. Deviations have been rare and politically sensitive.
But – as you know – these aren’t normal times.
