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clean air act
GOP 'Backdoor Nuclear Option' on Filibuster Spells More Harm for American People, Critics Warn
The CRA allows lawmakers to review and—with the support of a simple majority in both chambers of Congress—overturn federal rules within a limited timeframe. CRA resolutions of disapproval are not subject to the Senate's 60-vote filibuster, a relic of the Jim Crow era that Republicans have selectively defended or scrapped depending on whether they're in the majority.
Republicans want to use the filibuster-proof CRA to block California's Clean Air Act waivers, but the Senate parliamentarian—the chamber's unelected arbiter of Senate rules and procedures—has said the waivers don't qualify as rules subject to the CRA.
Defying the parliamentarian—something Republicans have already done as they craft their bill to slash safety net programs and taxes for the rich—to undo the waivers would effectively gut the filibuster, opponents of the GOP plan warned. Earlier this month, the Republican-controlled House voted to revoke the California waivers using the CRA.
"Anti-democratic and authoritarian measures, corporate giveaways, and rights infringements that could never become law if normal Senate rules were followed—legislation making it harder to vote, repealing core environmental standards, stripping abortion rights, and more—might suddenly become law," Gilbert warned Thursday. "A backdoor nuclear option sets an atrocious precedent and must not be allowed. Critical checks hang in the balance."
"Think about how the Trump administration might abuse this."
Sen. Sheldon Whitehouse (D-R.I.), the top Democrat on the Senate Environment and Public Works Committee, echoed those concerns, saying in a floor speech Thursday that "the import of overruling the parliamentarian extends far beyond CRA resolutions."
"Think about how the Trump administration might abuse this," said Whitehouse. "Everyone knows by now that President Trump has a beef with a whole host of media outlets, some of which are licensed by the Federal Communications Commission. What's to stop the FCC from submitting CBS' license as a 'rule' and members from introducing a disapproval resolution? Is this really the path we want to go down?"
In a floor speech of his own, Sen. Alex Padilla (D-Calif.) directly quoted Senate Majority Leader John Thune's (R-S.D.) warning earlier this year against overruling the parliamentarian.
"That's totally akin to killing the filibuster. We can't go there," Thune said in January. "People need to understand that."
Sen. Alex Padilla (D-Calif.) delivers a speech on the Senate floor on May 8, 2025. (Photo: Sen. Alex Padilla)
Earlier this week, Thune said his caucus is "still looking at" voting on a CRA resolution to revoke the California waivers. Senate Majority Whip John Barrasso (R-Wyo.) told Axios last week that the upper chamber would "absolutely" take up the House-passed CRA resolution.
Gilbert of Public Citizen said Thursday that "this backdoor nuclear option would not only make the Senate more like the House—it would make the Senate more like the chaotic, make-it-up-as-you-go White House."
"That's the last thing the country needs right now," she added.
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