On Thursday, a wave of indignation swept through some Republican lawmakers in response to the Senate parliamentarian's recent advisory that certain measures within their tax and immigration bill could not be included in the legislation. Sen. Tommy Tuberville, R-Ala., expressed his frustration on social media platform X, calling for the immediate dismissal of Senate Parliamentarian Elizabeth MacDonough. Similarly, Rep. Greg Steube, R-Fla., questioned the authority of MacDonough, labeling her an “unelected swamp bureaucrat” appointed by Harry Reid over a decade ago. Steube's comments reflect a growing sentiment among some Republicans who feel that MacDonough's rulings are partisan and unwarranted.
This is not the first time that the Senate parliamentarian's traditionally low-profile role has faced public scrutiny. In 2021, MacDonough delivered critical advice that dashed Democratic plans, including a ruling that prevented a minimum wage increase from being included in their COVID-19 relief bill. Later that same year, she advised that Democrats would need to abandon efforts to allow millions of immigrants to remain temporarily in the U.S. as part of their significant climate bill. These instances highlight that the attention on MacDonough's rulings is not merely coincidental but indicative of a broader shift in Congress, where lawmakers are increasingly attempting to integrate their top policy priorities into bills that can bypass a Senate filibuster.
Both the House and Senate employ a parliamentarian to guide legislators on the rules and precedents of their respective chambers. The parliamentarian's duties include advising the presiding officer on proper procedures and responding to parliamentary inquiries. This role is crucial, especially during contentious legislative sessions, as parliamentarians provide nonpartisan and confidential assistance to lawmakers and their staff. Importantly, the advice given by the parliamentarian is not binding; it serves as a recommendation.
In the context of the current tax and spending bill under consideration in Congress, the parliamentarian plays a pivotal role in determining whether the provisions adhere to fiscal matters. MacDonough's latest decisions have dealt a significant blow to the GOP's plans, which aimed to extract hundreds of billions of dollars from Medicaid over the next decade.
Elizabeth MacDonough's journey to becoming the first woman to serve as Senate parliamentarian is noteworthy. An English literature graduate, she is only the sixth individual to hold this esteemed position since its establishment in 1935. MacDonough began her career in the Senate library before pursuing a law degree at Vermont Law School. After a brief stint as a trial attorney for the Justice Department, she returned to the Senate in 1999 as an assistant in the parliamentarian's office. She was appointed as parliamentarian in 2012 by then-Senate Majority Leader Harry Reid and was retained by Sen. Mitch McConnell, R-Ky., when he assumed the role in 2015.
MacDonough has played a role in significant Senate proceedings, including overseeing Chief Justice John Roberts during Trump’s 2020 impeachment trial and assisting then-Sen. Patrick Leahy, D-Vt., during Trump’s second trial the following year. Notably, during the Capitol riot, MacDonough and her colleagues acted decisively to safeguard ballots amidst chaos, demonstrating her commitment to her role and the legislative process.
While the parliamentarian’s recommendations are influential, the Senate is not obligated to follow them. The presiding officer oversees Senate proceedings and makes the final ruling on provisions within a bill. In cases of disagreement, the matter can be put to a vote. Michael Thorning, director of structural democracy at the Bipartisan Policy Center, expressed skepticism that Republicans would choose to challenge MacDonough's recommendations directly. Some Republican senators echoed this sentiment, emphasizing the importance of maintaining institutional integrity, even if they personally disagree with her advice.
Thorning noted that both parties regard MacDonough as a reliable and impartial figure, essential for the Senate's functioning. He stated, “Sometimes, those decisions cut your way, and sometimes, they don’t. I also think members recognize that once you start treating the parliamentarian’s advice as just something that could be easily dismissed, then the rules start to matter less.”
Throughout history, majority leaders from both political parties have replaced the parliamentarian, with the role alternating primarily between Robert Dove and Alan Frumin for over three decades. Despite changes in leadership, Thorning remarked that both parliamentarians had similar interpretations of the Senate’s rules and precedents. MacDonough succeeded Frumin, and the limited calls for her dismissal following her recent rulings indicate that most Senators view her as a credible and principled figure. Thorning concluded, “Senators know this isn’t somebody playing politics.”
