Legal Commentary

Future Stimulus Add-Ons Not Subject To 60 Vote Requirement?

By Big Tent Democrat

So says Stan Callender:

[T]he 2010 budget process could include a reconciliation bill that increases spending or reduces revenues or both that, because of the rules, won't be subject to a filibuster in the Senate. In addition, the budget resolution that has to be adopted before a reconciliation bill can happen also can't be filibustered.

Problem with that is any bill that violates PAYGO in the Senate (or so Kagro X tells us) is subject to a point of order requiring 60 votes to waive:

The bill will be subject to a point of order due to its deficit spending, but the point of order can be waived by a 3/5 vote of the Senate. So that means passage would ultimately have required 60 votes whether Republicans filibustered or not.

If Kagro is right, then Callender is wrong in the essentials -- a future stimulus program enacted via the normal budget process WILL be subject to a 60 vote requirement.

Speaking for me only

Full post as published by TalkLeft on February 08, 2009 (boomark / email).