Morning, Threaders, Threadheads, and all in between. More coffee. Lots.
Give them the Byrd?
Fighting back in Congress is about to turn uglier. Are Democrats up to the task? They better be. Early indications tell us we should be worried as Hakeem Jeffries seems to be using the word “budget” a lot when he should not use it at all. Say it with me, @repjeffries: Continuing resolution.
Democrats are worried about the perception they will be blamed for a government shutdown. Think about this for a minute. In a scorched earth environment caused by a Republican trifecta they worry about being blamed for shutting down the scorcher. It doesn’t get more oblivious than that. The fascist puppets in the Senate, on the other hand, sense this hesitation in the House and like wolves picking up the scent of fear they are moving ahead with their own budget bill.
Regardless of which version makes the cut, no budget bill can be voted in the Senate without the House voting on it. The purpose, other than adding to the confusion, is to reach the point where reconciliation can be invoked in the Senate; which means a simple 51 votes would suffice to pass it. Should House Democrats fail to pass the test and allow a budget to get to the Senate it’s up to Democratic Senators to give them the Byrd.
“The "Byrd Rule" is named after former Sen. Robert C. Byrd (D-W.Va). In 1990, out of concern that the budget reconciliation process was being used for purposes outside of three noted above as required, the Byrd Rule, which was previously just a Senate procedural rule, was codified into the Congressional Budget Act of 1974. Waiving the Byrd Rule requires a vote by three-fifths of all senators. (…)”
- Holland & Knight Law
“(…) most budget points of order are subject to three-fifths vote of the entire Senate, not a simple majority, making it unlikely the Byrd Rule could be circumvented in the same way cloture was for nominations and judicial appointments.”
- Holland & Knight Law
That’s the Byrd. Will it work? Probably not. These days “unlikely” means “definitely” when it comes to the fascist lawlessness. And these are just Senate rules, not laws. Circumventing Congress rules calls for lawsuits.
In the Senate as in the House, if all else fails, the last stand will be to take it to court. And we all know what that means. Will a federal court suspend a budget bill on the grounds “rules were broken”? Will the Supreme Court rule in its favor? Is this the Congress Dems back up plan? God, I hope not. Giving the Senate fascist puppets the Byrd may feel good for about… Five minutes. That’s it.
All bets are on the House where a simple majority vote will do but that’s exactly what they have with 218 representatives. When was the last time all republicans in the house voted for a budget? I honestly don’t know but “never” comes to mind. As long as all 215 Democrats vote “no” there’s no way to avoid a shutdown unless an agreed upon Continuing Resolution is passed instead of the budget, depending on Democrats’ demands being met. So, again, shut it down.
House Democrats must NOT allow ANY budget to reach a vote and instead place their demands to pass Continuing Resolutions ONLY. Continuing Resolutions are meant to keep the government lights on and nothing more, while the budget itself goes back to the drawing board. But the objective of holding the votes on any Continuing Resolution is not to renegotiate the budget. If you believe these fascists will ever agree to any substantive changes to their idea of budget you are delusional.
The only thing left is to stonewall them. That means allowing the government to run on fumes for as long as it takes. Two years until the midterms or four years until the presidential election. That is an extremely high bar and it will require Democrats to own the process and take full responsibility for it. Yes, if as expected the crazies in the republican side of the House will be responsible, that’s not an exact assessment: they are surely the ones to blame. But not only.
When a shutdown is in effect they will accuse the Democrats of causing it. If only CR’s are passed and the government is not properly funded they will blame Democrats for it. Instead of deflecting and pointing fingers at the Republicans, Democrats need to own it and give them the bird. Not the Byrd. The actual fucking bird. In the House, where there is no Byrd rule but 215 birds exist. Give it to them; every time. And own it.
There is a lot more at stake than Medicaid and Medicare. Social Security is on the line. The continued subsidizing of Musk Inc. to the tune of billions of dollars is on the line. Trillions of added debt are on the line. Tax increases for everyone making less than a billion dollars are on the line. EVERYTHING is on the line. So do NOT allow ANY budget to pass. House Democrats need to stand their ground on Continuing Resolutions only and make it count.
Giving these fascists the Byrd in the Senate might not work, but when it comes to the House of Representatives giving them the bird just might do it. So do it.
Give them the fucking bird.
Resist & Oppose!
