re: Cruz Found an Overlooked 1974 Rule; Could Be a Real Game-changer for ObamaCare

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The parliamentarian can rule any provisions as “incidental” and remove it from the bill if he or she judges that its purpose is to write new policy not simply to alter the federal budget. “The ‘incidental’ test is a very difficult test because it is very subjective,” Dove said. “You are trying to judge peoples’ motives,” he said. The Senate can overturn the parliamentarian’s rulings with 60 votes — but if Democrats had 60 votes, they would not be using reconciliation. Dove also noted that Vice President Joe Biden, in his Constitutional role as President of the Senate, is the ultimate authority and could overrule the parliamentarian. He added, though, that “no vice president, frankly, since Nelson Rockefeller in 1975, has exercised that right.

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