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parliamentarian
Urging Senate to 'Ignore the Parliamentarian,' Sanders to Force Vote on $15 Minimum Wage Amendment
"I regard it as absurd that the parliamentarian, a Senate staffer elected by no one, can prevent a wage increase for 32 million workers."
Mar 01, 2021
Calling on the Senate Democratic majority to disregard the advice of the unelected parliamentarian, Sen. Bernie Sanders late Monday announced he will force a vote this week on an amendment to include a $15 minimum wage provision in the pending $1.9 trillion coronavirus relief package.
"At a time when millions of workers are earning starvation wages, when the minimum wage has not been raised by Congress since 2007 and stands at a pathetic $7.25 an hour, it is time to raise the minimum wage to a living wage," Sanders, the chairman of the Senate Budget Committee, said in a statement.
"The Senate should ignore the parliamentarian's advice, which is wrong in a number of respects."
--Sen. Bernie Sanders
The Vermont senator's announcement came as the White House and Senate Democrats signaled a retreat from the effort to include a minimum wage increase in the coronavirus relief package after the parliamentarian advised last week that the measure would run afoul of the Byrd Rule, which requires provisions of reconciliation bills to have a direct--not "merely incidental"--impact on the federal budget.
Citing two anonymous Democratic aides, the Washington Postreported Monday that "Senate Democrats will move forward with a version of the relief bill that does not attempt to raise the minimum wage." Senate Majority Leader Chuck Schumer (D-N.Y.) said in a floor speech Monday that the chamber will begin voting on the sprawling relief package this week, with an initial procedural vote expected as early as Wednesday.
In his statement Monday night, Sanders said he was "extremely disappointed by the decision of the parliamentarian, who ruled that the minimum wage provision was inconsistent with the Byrd Rule and the reconciliation process."
Echoing the calls of progressive House Democrats and dozens of grassroots advocacy groups representing millions of people across the U.S., Sanders said his "own personal view is that the Senate should ignore the parliamentarian's advice, which is wrong in a number of respects."
"I am not sure, however, that my view at this point is the majority view in the Democratic caucus," the Vermont senator added, alluding to opposition from Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.). "Obviously, as soon as we can, we must end the filibuster that currently exists in the U.S. Senate. Given the enormous crises facing working families today, we cannot allow a minority of the Senate to obstruct what the vast majority of the American people want and need."
\u201cLet's do this. 60% of the American people want us to increase the minimum wage to $15 an hour. In the Senate, we would call that a "super-majority."\u201d— Warren Gunnels (@Warren Gunnels) 1614644049
Progressives in recent days have pushed Vice President Kamala Harris to overrule the parliamentarian's advice, which she has the constitutional authority to do. Should the vice president opt to use that authority, it would take 60 votes in the Senate to overrule her.
But White House Press Secretary Jen Psaki was adamant during a Monday briefing that Harris will not attempt to overrule the parliamentarian, the official tasked with interpreting Senate rules.
Asked by NBC News reporter Geoff Bennett why the White House appears to be fighting harder to salvage the collapsing nomination of budget office pick Neera Tanden than to keep the minimum wage increase in the coronavirus relief package, Psaki accused Bennett of "mixing a few things kind of irresponsibly."
\u201c.@GeoffRBennett: Why push for Neera Tanden's confirmation and not push as hard, one could say, for raising the minimum wage?\n\nJEN PSAKI: I think that's mixing a few things kind of irresponsibly, if I'm being totally honest\u201d— Aaron Rupar (@Aaron Rupar) 1614629552
Sanders made clear Monday that he will continue pushing to raise the federal minimum wage to $15 an hour if his coronavirus relief amendment fails to pass this week.
Following the parliamentarian's advisory ruling against the proposed pay raise last week, Sanders and Sen. Ron Wyden (D-Ore.) began crafting a backup plan that would impose tax penalties on large corporations that don't pay their employees $15 an hour. But Sanders and Wyden reportedly dropped the plan after it became clear that the measure would be too difficult to implement and that there wouldn't be sufficient support to include it in the emerging Covid-19 relief package.
Speaking to the press about his new $15 minimum wage amendment, Sanders said Monday that "there will be a roll call vote, and we'll see who votes for it and doesn't."
"I would suggest that those who vote against it from a political point of view, that's a mistake. The American people want to see that minimum wage raised," Sanders continued. "Let me be very clear--if we fail in this legislation, I will be back."
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'Most Americans Do Not Give a Sh*t' What Parliamentarian Says, Campaigners Urge Biden-Harris to Fight for $15
"Why is President Joe Biden fighting harder for Neera Tanden's nomination than for the tens of millions of Americans who desperately need a raise?"
Feb 25, 2021
The youth-led Sunrise Movement on Friday issued a scathing statement warning of severe political, economic, and environmental consequences if the Biden administration and Democratic majority allow the Senate parliamentarian--an unelected official with no constitutional authority--to block key portions of their policy agenda by pointing to an obscure rule that "most Americans do not give a shit about."
"What will happen next if the parliamentarian rules a 100% Clean Energy Standard--another key Biden promise--is in violation of the arbitrary Byrd Rule? Will the president, vice president, and Senate leadership buckle then?" asked Sunrise political director Evan Weber. "The laws of the atmosphere and physics--that are telling us we are in a full-blown climate emergency--are certainly not going to give a shit about the made-up laws of the Senate."
"We need the Biden administration and Senate Democrats to do everything in their power--overrule the parliamentarian, fire them, abolish the filibuster--to ensure that no less than a $15 minimum wage becomes the law of the land."
--Evan Weber, Sunrise Movement
Named after late Democratic Sen. Robert Byrd, the rule in question empowers individual senators to object to any provision of a reconciliation bill that they believe would have "merely incidental" effects--rather than a direct impact--on the federal budget.
After hearing arguments for and against the provision, the Senate parliamentarian offers advice to the chamber's presiding officer--in this case Vice President Kamala Harris--on whether the measure qualifies under budget reconciliation, a highly subjective judgement that hinges almost entirely on the official's interpretation of the word "incidental."
Late Thursday, Senate parliamentarian Elizabeth MacDonough sided with Republican senators who argued that a proposal to increase the federal minimum wage to $15 by 2025 runs afoul of the Byrd Rule and should be removed from the pending $1.9 trillion coronavirus relief package--despite recent government analyses showing that the pay raise would have a substantial impact on federal spending and revenue.
But Harris, in her capacity as presiding officer of the Senate, has the constitutional authority to overrule the parliamentarian's advice. Should Harris decide to disregard the parliamentarian in an effort to keep the $15 minimum wage provision in the relief package, 60 votes in the Senate would be required to override the vice president.
Senators who oppose the $15 minimum wage proposal--such as Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.), two key swing votes--would then be forced to decide whether to accept the popular pay raise or risk tanking the entire $1.9 trillion relief package.
To the dismay of Sunrise and other progressive advocacy groups, the White House has thus far indicated that Harris is not willing to exercise her authority to preserve the wage increase, which Biden campaigned on during the 2020 election. White House National Economic Council Director Brian Deese said Friday that "the vice president is not going to weigh in," echoing earlier comments by the press secretary and chief of staff.
"The statements by the Biden administration that they will not overturn the parliamentarian's cruel decision--which Vice President Harris and Senate leadership have the power to do--is deeply troubling," said Weber. "Working people in this country, labor unions, and activists have been putting their jobs and lives on the line, striking, organizing, and fighting tirelessly for a $15 minimum wage and union."
"We are glad to see House leadership commit to keeping the $15 minimum wage in their bill," Weber continued. "Now, we need the Biden administration and Senate Democrats to join them in this fight, which is not over, and do everything in their power--overrule the parliamentarian, fire them, abolish the filibuster--to ensure that no less than a $15 minimum wage becomes the law of the land."
On Twitter, Weber lamented that the White House appears to be fighting harder to save the collapsing nomination of budget office pick Neera Tanden than to raise the wages of tens of millions of Americans. Unlike Tanden's nomination, Weber argued, there's still a "pathway for $15" through reconciliation, the filibuster-proof process Democrats are using to pass coronavirus relief without the support of obstructionist Republicans.
\u201cWhy is @POTUS @JoeBiden fighting harder for Neera Tanden\u2019s nomination than for the tens of millions of Americans who desperately need a raise?\n\nStill pathway for $15 (@VP override parliamentarian, abolish filibuster) but they\u2019re giving up. No pathway for Neera, but doubling down.\u201d— Evan Weber \ud83c\udf05\ud83d\udd25 (@Evan Weber \ud83c\udf05\ud83d\udd25) 1614346274
Also pressuring Harris is a women of color-led coalition of dozens of advocacy organizations, which sent a letter (pdf) to the vice president late Thursday urging her to "use the full power of [her] office to bring essential financial relief to all working people in America by ensuring that a $15 federal minimum wage is included in the budget reconciliation process, regardless of the opinion of the parliamentarian."
"As you know, women and people of color were the deciding force in electing both the president and the Senate in the 2020 elections; a $15 minimum wage was one of the top reasons they voted and will determine whether they vote again," the letter reads. "This single, powerful move will begin to reset the economic system so that millions of low-wage workers--disproportionately of women of color and communities of color--will no longer be treated as second-class citizens."
\u201cPeople don\u2019t care about keeping the filibuster. \n\nPeople don\u2019t care about listening to the parliamentarian. \n\nPeople care about getting the relief they need. Do what it takes to raise the minimum wage to at least $15.\u201d— Cori Bush (@Cori Bush) 1614311664
Saru Jayaraman, president and co-founder of One Fair Wage--a signatory of the new letter--said in a statement Friday that "the passage of a $15 federal minimum wage and elimination of the subminimum wages for tipped workers, workers with disabilities, and youth workers would guarantee a livable wage for all workers for the first time in our country's nearly 250 year history."
"Decency," Jayaraman added, "is Democrats using the political power they've been handed to finally deliver for the hardworking people of this country who have been repeatedly stepped on and disregarded over the last four years and especially during the pandemic."
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