Senate Democrats Have Been Handed a Tool to Stop the Big Beautiful Bill [View all]

Thanks to a Republican vote to stop California from setting its own auto emissions, Democrats can challenge virtually any Trump administration action, and eat up time on the Senate floor.

by David Dayen May 28, 2025

It’s refreshing in a way that we no longer have to spend much time thinking about the Senate parliamentarian, the shadowy figure whose rulings supposedly decide what the chamber can and cannot do. Republicans put that to bed last week by overruling the parliamentarian over whether a Congressional Review Act (CRA) resolution could nullify the Environmental Protection Agency’s waiver allowing California to set its own air pollution standards on vehicles.

California was given authority in a carve-out to the Clean Air Act in 1970 to set higher emissions standards than the national rules, with the EPA subsequently granting waivers more than 100 times. The state was prepared to use its latest waiver to effectively ban gas-powered auto sales by 2035. But the Senate voted 51-to-44 last week to cancel that waiver, as well as two other waivers to tighten emission rules on diesel trucks and allow zero-emission trucks on the road. The House had already voted for the resolution, so it can now be signed by President Trump.

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For this reason, Democrats could subject the Senate to time-consuming resolution votes repeatedly, to such a degree that the Senate would not have time to do anything else for the rest of this session of Congress. In other words, Democrats could respond to the waiver vote by paralyzing the Senate, and stopping the giant Trump tax bill from ever reaching the floor.

Georgia State University assistant professor and former House Oversight Committee staffer Todd Phillips laid this out in a Prospect piece earlier this month. Any 30 senators can force a CRA resolution onto the floor, with a required ten hours of debate time. These resolutions would need the president’s signature, and nearly all of them wouldn’t even get the Republican votes necessary to pass the Senate. But according to Senate procedure, they have to be dealt with if enough senators force them onto the floor. They must be debated and voted upon ahead of other Senate business if brought up for consideration. This means that Democrats can tie up the Senate floor for upwards of ten hours with any single CRA resolution.

https://prospect.org/politics/2025-05-28-senate-democrats-stop-big-beautiful-bill/