TRANSCRIPT: Leader Schumer Floor Remarks And Parliamentary Inquiries On Republicans Going Nuclear

Washington, D.C. – Senate Democratic Leader Chuck Schumer (D-NY) today spoke on the Senate floor and raised parliamentary inquiries in regards to Senate Republicans invoking the nuclear option on the California waiver CRA. Below are Senator Schumer’s remarks and the Presiding Officer’s responses on behalf of the Senate Parliamentarian:

I want to be very clear about what is about to happen tonight here on the floor of the Senate.

Tonight, in order to do the bidding of the fossil fuel industry, Republicans will erode away at the Senate and undermine this institution they claim to care about.

By weaponizing the CRA, Republicans tonight cross a point of no return for the Senate, expanding what this chamber can do at a majority threshold.

This from the very party that professes to care about the rules and norms and precedents of this institution.

To override the Parliamentarian, and to use the CRA in the way that Republicans propose, is going nuclear. No ifs, no ands, no buts.

Don’t take my word for it. This comes from Leader Thune himself. He was asked a few months ago about this very scenario, of overriding the Parliamentarian. And he said this: “Yeah, and that’s totally akin to killing the filibuster. We can’t go there. People need to understand that.” But unfortunately we are going there, it seems.

And just yesterday, he admitted that this step could create precedent for the future.

So, apparently, when the rules suit Republicans, they will preach about protecting them.

But now that the rules are inconvenient, when they stand in the way of their ideological goals, Republicans will say, ‘Away with them.’

Make no mistake, this is not a narrow assertion of Congressional authority as the other side claims. This is an aggressive new precedent.  

Moving forward, Congressional Review Acts will likely be weaponized to bold new levels.

Today it’s all about California emission waivers.

But tomorrow, the CRA could now be used to erase any policy from an agency that the Trump administration doesn’t like at a simple majority threshold.

They could eliminate healthcare innovation waivers that assist patients on Medicaid and the ACA at a simple majority threshold.

They could use CRAs to make it even harder to form a union at a simple majority threshold.

They could go after agency actions that protect access to reproductive care, like making it harder to access the medication mifepristone.

All of this and more could now be done at a simple majority threshold with an expanded CRA.

This is, in other words, a backdoor strategy from Republicans to make Project 2025 a reality.

It is the legislative branch ceding its authority over to the executive, which will now slap the CRA label on a whole host of policies and get Congress to rubber stamp their repeals.

Republicans should tread carefully today.

What goes around comes around.

If Republicans are willing to overrule the Parliamentarian and hijack the CRA in a way it has never been used before, they will not like it – during this session of Congress and certainly next time when they are in the minority.

So this is a sad, shameful, disappointing day for the U.S. Senate. Republicans I am certain will come to regret the ill-considered step they take tonight.

…

Schumer: Now, I have a parliamentary inquiry.

[The Chair responded in the affirmative.]

Schumer: Is the Chair familiar with section 802(d)(1) of the Congressional Review Act, which states that “all points of order against the joint resolution and against consideration of the joint resolution are waived.”

Presiding Officer: Yes.

Schumer: Thank you, Madam Chair. You have made the case that this is nuclear. I yield the floor.

…

Schumer: Parliamentary inquiry, Madam President?

Presiding Officer: Senator will state his inquiry.

Schumer: Yes, and I just want to – I hope our leader will listen because it's exactly clear – and I want to repeat what we had said yesterday.

Is it true what you said yesterday? That the Parliamentarian advised leadership offices that the joint resolution of disapproval regarding the California waivers at issue do not qualify – do not qualify – for expedited consideration under the Congressional Review Act?

Presiding Officer: The Parliamentarian has advised me that such advice was given.

Schumer: Thank you. It shows we are going nuclear no matter what the leader says.

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