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  • 5/21/2025
During remarks on the Senate floor Wednesday, Senate Minority Leader Chuck Schumer (D-NY) spoke about Republicans using the Congressional Rule Act to overturn California state law.
Transcript
00:00So, 100 days into Donald Trump's presidency, America is plagued with deep problems.
00:08Donald Trump's trade war is sending prices up and up.
00:12Republicans are on the brink of taking away people's Medicaid.
00:16Trust in American leadership is in decline on the world stage.
00:22But what are Senate Republicans focusing on today?
00:24Today, Republicans are going nuclear to appease the fossil fuel industry
00:30and at the same time erode away the institution they profess to care about.
00:37First, the facts.
00:39This week, Senate Republicans want to use a measure known as the Congressional Review Act, CRA for short,
00:46to repeal three vehicle emission waivers from California.
00:51These waivers have been used for decades.
00:54And are vital for helping keep our air cleaner, our kids healthier,
00:59and to lessen our reliance on big oil.
01:02Republicans have tried to get rid of California's emission waivers for a very long time.
01:07The fossil fuel industry, which knows it is in decline,
01:11which knows that clean energy is not only the cleaner wave of the future,
01:15but the less costly wave of the future.
01:18But the fossil fuel industry hates them, hates that industry.
01:22So Donald Trump's EPA tried to rescind the last iteration of one of these waivers during his first administration.
01:30But that effort fell short in the courts.
01:33The courts rejected it.
01:35Now Republicans want to try again.
01:37This time, by using the CRA to repeal these emission waivers at a simple majority threshold.
01:44But what was made crystal clear today on the Senate floor through parliamentary inquiries I made to the parliamentarian,
01:53that the Senate parliamentarian has advised both sides, Democrats and Republicans,
01:58that legislation to overturn these waivers does not, does not qualify for expedited consideration under the Congressional Review Act.
02:09That means any legislation to repeal these waivers should be subject to a 60-vote threshold in the Senate.
02:18The Senate parliamentarian, as we know, plays a vital role in keeping this institution whole.
02:26It's thankless work.
02:28The parliamentarian's advice and judgment on rules and procedures of this institution is indispensable to both parties.
02:37So Republicans face a choice.
02:38Do they adhere to Senate precedent, as they've claimed, long claimed to do, and find another way to pass their repeal?
02:48Or are they going to plow ahead, overrule the parliamentarian, do the bidding of big oil, and eat away,
02:56further eat away at the Senate in the process?
02:59Well, today we have our answer.
03:03Senate Republicans are going nuclear.
03:07Let's be very clear.
03:09To override the parliamentarian, and to use the CRA in the ways the Republicans propose,
03:16is going nuclear, no ifs, ands, or buts.
03:21And don't take my word for it.
03:23Let me read a quote from Leader Thune, from just a few months ago.
03:29When he was asked if he'd advise his party against moving to override the parliamentarian,
03:35Leader Thune said this, quote,
03:36quote, yeah, and that's totally akin to killing the filibuster.
03:41We can't go there.
03:42People need to understand that.
03:44Again, Leader Thune himself said overruling the parliamentarian is akin to killing the filibuster,
03:52and that is just what the Republicans are proposing to do today.
03:56Just yesterday, Leader Thune admitted that this step could, quote,
04:02create a precedent for the future.
04:05And what an awful precedent.
04:07And in his first address as Republican leader, Leader Thune stood right here in the chamber.
04:13I sat and listened and promised that, quote,
04:17one of my priorities as leader will be to ensure that the Senate stays the Senate.
04:23Unquote.
04:24Well, what happened to all of that?
04:27What happened to all the preaching we hear from the other side about norms and rules and precedent?
04:33Apparently, when the rules suit them, Republicans will preach about protecting precedent.
04:40But now that the rules are inconvenient, when they stand in the way of their ideological goals,
04:46Republicans say, away with them.
04:49Shameful.
04:51Shameful.
04:52Republicans don't need to take the Senate down this road.
04:56They have other alternatives at their disposal.
04:59If they want to repeal these waivers, bring legislation to the floor.
05:03Have a debate.
05:05There's nothing that prohibits that.
05:08That's what should be done in the kind of regular order our Senate Republicans professed
05:13they were going to restore when they got here.
05:15When they got the majority here in January.
05:19Make no mistake.
05:21This is not a narrow assertion of congressional authority, as Leader Thune claimed it was.
05:28Today, Republicans set a new precedent that cannot likely be reversed.
05:33Moving forward, congressional review acts will be weaponized like never before.
05:38Today, it's all about California emission waivers.
05:42Tomorrow, the CRA could now be used to erase any policy from an agency that the Trump administration
05:48doesn't like at a simple majority threshold.
05:51They could go after permits for oil and gas drilling.
05:56Some on the other side wouldn't like that.
05:58They could eliminate health care innovation waivers that states use to get care to people through Medicaid and ACA.
06:07They could even use the CRAs to make it even harder to form a union.
06:12They could go after agency actions that protect access to reproductive care,
06:18like making it harder to access the medication mefipristone.
06:21They could go after rules that protect access to reproductive care.
06:26All of this and more could now be done at a simple majority threshold with an expanded CRA.
06:35And all that would need to happen is for Donald Trump to choose an agency action or policy he doesn't like,
06:47stamp it with the label, quote, CRA, send it over to the Congress,
06:52and Republicans will bow in obeisance and repeal it at a simple majority threshold.
06:59This, in other words, is a backdoor strategy from Republicans to make Project 2025 a reality.
07:07And mark my words, many of our Republican colleagues are going to not like having to vote on CRAs that Trump wants.
07:14And we will be able to get votes on them because of what the Republicans are attempting to do today.
07:23It is the legislative branch ceding authority over to the executive if we go forward with this.
07:30And Republicans should tread carefully.
07:34What goes around comes around.
07:38If Republicans are willing to overrule the parliamentarian and hijack the CRA in a way it has never been used before,
07:44they will not like it the next time they are in the minority, that's for sure.

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