The U.S. Capitol building in Washington, D.C., amid fog on Dec. 10, 2024. (Photo by Jennifer Shutt/States Newsroom)
WASHINGTON — Republicans have one more opportunity to use the complex process they relied on to enact their “big, beautiful” law and provide tens of billions in additional funding for immigration enforcement — a chance that becomes less likely the more divisions over a voter identification bill splinter the party.
Debate over a third reconciliation bill has been simmering in the background for months, though GOP lawmakers have yet to reach consensus about whether they should draft another massive package, like they approved last year, or a more narrow one that could help the party boost defense spending.
That budget reconciliation process gives Republican leaders a way to get around Senate rules that would otherwise force bipartisanship, giving them a loophole out of negotiating major legislation with Democrats.
But it comes with several hurdles in order to get that special treatment, including that each provision in the bill have an impact on federal revenue or spending that is not deemed “merely incidental” by the Senate parliamentarian.
Those in-the-weeds restrictions aren’t especially important to President Donald Trump, who wants Republicans in Congress to prioritize a voter identification bill, which cannot move through reconciliation, over everything else.
House Speaker Mike Johnson, R-La., tried to find middle ground in late June, proposing lawmakers use reconciliation to create a grant program for states that implement voter identification requirements.
Johnson acknowledged the challenges to using reconciliation amid narrow majorities in each chamber, but said he thinks Republicans can accomplish their goals if they “stick together.”
He, however, didn’t have details to share.
“Stay tuned. We’re working through that,” Johnson said. “Doing a reconciliation bill is a very complicated process of consensus building, where we have a collection of ideas that, I think, every Republican, certainly, agrees with in principle.”
A few hours later, sitting in the Oval Office, the president batted down the idea of any compromise on the elections bill, creating more public disagreement between the top Republicans in the country.
“Not really. No,” Trump said when asked whether he’d “be open to a compromise measure” moving through the reconciliation process.
Hardball tactics
Lobbying for the full bill, which would require people show proof of citizenship to register to vote and a photo ID when casting a ballot, isn’t only coming from the president.
Far-right Republicans in both chambers are using hardball tactics to cajole their leaders to get the legislation to Trump’s desk, even if it means delaying work on their colleagues’ priorities.
Utah Sen. Mike Lee is one of several Republicans posting on social media and holding press conferences. He recently called for Americans to “encourage your senators to resume debate on the Senate floor—with a plan to keep debating it until it passes.”
“Tell your senators: Pass the SAVE America Act,” Lee wrote in another post. “Accept no excuses or half measures.”
Senate Majority Leader John Thune, R-S.D., has become somewhat frustrated with constant pressure from some of his members, who are diverting time and resources to a bill that cannot pass.
“At the end of the day, I have to deal with reality,” Thune said. “And sometimes the alternative universe that is X doesn’t reflect the facts on the ground.”
Thune said it’s been “very clear” for some time there isn’t enough support among Republicans to change the Senate rule that requires at least 60 lawmakers vote to limit debate on most bills. That legislative filibuster forces bipartisanship and gives the minority party, which could be Republicans as soon as next year, a seat at the table.
“There are not the votes to nuke the filibuster and there aren’t going to be 10 Democrat votes to all of a sudden support the SAVE America Act,” Thune said. “Those are just hard realities and I think people at some point have to come to grips with that.”
Trump cancels signing for housing bill
West Virginia Republican Sen. Shelley Moore Capito said that despite months of effort, the voter identification bill doesn’t have the votes to become law.
“If you can’t get to 60, you can’t pass it. I mean, that’s pretty simple,” she said. “Now, he says talk it to death and people will change their minds. I don’t think that’s a strategy that’s going to be in success. We tried that earlier this year to keep talking, we didn’t get to the end.”
Capito said voters want to see Republicans focus on issues that can improve people’s lives, like the broadly bipartisan housing affordability bill both chambers approved this month. Trump was set to sign that bill during a ceremony on Capitol Hill but canceled at the last minute to try to push through the election bill.
“So, yeah, they want to see us do something,” she said. “They don’t want to see us sitting up there yakking all the time.”
Senate Appropriations Chairwoman Susan Collins, R-Maine, wants to use the time to avoid another government shutdown when the next fiscal year begins Oct. 1 — no easy feat following three shutdowns over the last year.
Senate Agriculture Committee Chairman John Boozman, R-Ark., hopes to reach final agreement on the farm bill in the months ahead after years of delays and stopgap measures for those agriculture and food safety net programs.
He brushed aside demands from some other GOP lawmakers to use the budget reconciliation process to pass another party-line package.
“We had trouble with the one that we just did and that was very, very narrow. I mean, that was strictly Homeland Security,” Boozman said. “When you start doing a bigger package, like they’re talking about and you start involving various committees, it becomes a lot more issues involved that you have to work out. And so it just gets very complex.”
Boozman added that working through the several steps of that process takes weeks, which lawmakers may not have.
Other priorities
Missouri Republican Sen. Josh Hawley said the party needs to focus on legislation that would lower “the cost of everything,” in part, by eliminating taxes on gasoline and health care.
“That’s something that would be a huge benefit to every working person out there immediately,” he said. “Let them take all health care costs off of their federal taxes, so they paid no taxes on it.”
Louisiana Republican Sen. John Kennedy said he thinks lawmakers should use the budget reconciliation process to significantly bolster defense funding. But he said “duh” when asked by States Newsroom whether the limited number of days in session would make that difficult.
Lawmakers are set to be out of session for nearly all of August and September.
“I think if we want to get more money for defense, we have to do it through reconciliation, which means we need to start immediately,” he said.
Ohio Sen. Bernie Moreno has a lengthy list of issues he wants to see Republicans address before November, including a bill he’s set to release later this summer with Massachusetts Democratic Sen. Elizabeth Warren that would shore up the Social Security trust fund.
“It’s not really a third-rail issue, because what we’re saying is that everybody should pay the same amount of money for Social Security,” he said. “When you have something that literally 90% of Americans support, I think we should be able to get something on that across the finish line.”
The two lawmakers wrote in an op-ed published in The New York Times the bill would raise the cap that ensures people don’t pay into Social Security on earnings more than $184,500.
“Since the vast majority of Americans make less than that, most people are paying Social Security taxes on 100 percent of their earnings while the highest earners are paying on only part of theirs,” they wrote.
“Why should a middle-class nurse pay a larger share of her paycheck — than a wealthy corporate lawyer?” they added. “This is doubly unfair in an economy in which top earners’ wages, over time, have pulled far ahead of those of the average worker.”
Iowa Republican Sen. Chuck Grassley said he’d like lawmakers to ensure E15 gasoline, a blend that includes 15% ethanol and is usually unavailable in summer, can be sold year-round, though he hadn’t thought about any other issues the party should press for ahead of November.
“I guess I can’t answer your question,” he said. “I just haven’t thought about it.”
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