Ignore the Parliamentarian. Include Immigration Reform If You Want To.

Photo credit: Kent Nishimura - Getty Images
Photo credit: Kent Nishimura - Getty Images

For an individual in an advisory position with no basis in the Constitution whatsoever, the Senate parliamentarian certainly has the Democratic majority buffaloed. I think Elizabeth McDonough, the current holder of this purely advisory position, has a lot of people hypnotized into believing she was elected Hippolyta, Queen of the Amazons. From CNN:

Democrats argued this time to the parliamentarian that they include a provision to change the registry date from 1972 to 2010 for the legalization of immigrants and it could be passed using budget reconciliation. The effort to include immigration in their economic agenda bill, although it has faced long odds, has stood as one of the last clear opportunities for Democrats to pass substantial immigration reform in President Joe Biden's first year in office. Senate parliamentarian Elizabeth MacDonough, an official who advises the Senate on how its rules, protocols and precedents should be applied, rejected Democrats' second argument after they submitted a memo Tuesday.

My reaction?

So what?

Do it anyway. Call Vice President Harris out of the bullpen and vote on the bill. If necessary, thank Ms. McDonough for the service she’s performed for her $172,000-a-year and shuffle her out the door. Stand the gaff, if necessary. (When then-Vice President Nelson Rockefeller ignored the parliamentarian’s advice back in 1975, everybody had a conniption fit. That was the last time any vice president, as presiding officer of the Senate—an office that has genuine constitutional authority—did so. It was almost 50 years ago.) Even more than the untoward reverence as regards the filibuster, the acquiescence of constitutional officers toward the illusion of the parliamentarian’s power is an inexplicable phenomenon of institutional bone-worshipping. This is the second time McDonough has ruled in this way on immigration, which is absurd, because there never should have been a first time. The Senate is clearly a place of magic spells.

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