At odds over Trump's tax bill, some Senate Republicans turn on chamber's referee

Struggling to advance a major tax-cut and spending bill, several US Senate Republicans erupted in anger on Thursday, directing their frustration at Senate Parliamentarian Elizabeth MacDonough. Her ruling found that specific Medicaid policies Republicans wanted to include violated the strict rules governing the special "budget reconciliation" process they are using.

This fast-track procedure allows legislation to pass the Senate with a simple majority of 51 votes, bypassing the usual 60-vote threshold, but imposes strict limits on what policy changes can be included. MacDonough determined the contested Medicaid provisions didn't qualify.

The ruling sparked immediate backlash from some conservatives. "THE SENATE PARLIAMENTARIAN SHOULD BE FIRED ASAP,” declared first-term Senator Tommy Tuberville (R-AL), who is running for governor. "This is a perfect example of why Americans hate THE SWAMP." Tuberville, joined by Senator Roger Marshall (R-KS), echoed calls from some House Republicans to remove MacDonough, the first woman to hold the role since its formalization in 1935.

Party divisions deepen as process and precedent defended

However, this view represents a minority within the Senate GOP. Republican leadership, including Majority Leader John Thune, has consistently stated the party will adhere to the parliamentarian's guidance. MacDonough's office offered no comment on the criticism.

The incident underscores a broader tension. Some Republicans increasingly dismiss nonpartisan congressional institutions. Many have ignored cost estimates from the nonpartisan Congressional Budget Office (CBO), which projected the bill could add nearly $3 trillion to the national debt, including interest.

The bill's massive cost has already exposed deep fissures within the party. Hardline conservatives demand significant cuts to programs like Medicaid to offset costs, while others fear such cuts could damage the party's prospects in the 2026 midterm elections, given their narrow majorities.

Critics have labeled MacDonough "unelected," but the parliamentarian's role as the referee for reconciliation was established by Congress itself decades ago. Her job isn't to judge policy merits, but solely whether proposals comply with complex Senate budget rules and precedents.

Bypassing the partisan divide

Republicans, holding slim majorities, are relying on reconciliation – the same tool used for Trump's 2017 tax cuts and by Democrats under Biden – to pass their bill. Some Republicans suggested MacDonough's ruling was politically motivated, noting her 2012 appointment by a Democratic leader. However, she blocked Democratic efforts to include minimum wage and immigration provisions in reconciliation bills in 2021.

Thursday's ruling on Medicaid and healthcare provisions was particularly significant as they were seen by some Republicans as key opportunities to reduce the bill's overall cost impact on the $36.2 trillion national debt. MacDonough had previously advised on other aspects of the bill this year.

Most Senate Republicans, however, are defending both the process and MacDonough. “I consider the parliamentarian to be a straight shooter. So I don't think there's anything more than it not meeting the standard,” stated Senator Thom Tillis (R-NC). Senator John Kennedy (R-LA) was even more direct: “Nah, never overrule the parliamentarian."

The GOP now faces choices: revise the Medicaid provisions to fit within reconciliation rules, or abandon them entirely. Democrats, led by Budget Committee ranking member Jeff Merkley (D-OR), pledged to fight provisions they see as violating rules and harming families. While firing a parliamentarian is rare, it has happened before.

In 2001, with the Senate evenly split, Republican leaders dismissed the parliamentarian after rulings on Bush-era tax legislation. The current clash highlights the high stakes and intense pressure surrounding the GOP's legislative push.