Planned Parenthood May Have Just Been Saved By This Obscure Senate Rule

Put a Byrd on it.

Jacquelyn Martin/AP

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

Planed Parenthood received good news late Friday afternoon: Senate Parliamentarian Elizabeth MacDonough released a determination that says certain provisions in the Republican’s latest Obamacare replacement bill, the “Better Care Reconciliation Act (BCRA),” violate the 1985 Byrd Rule. That means some of the bill’s provisions—including the one to defund Planned Parenthood for one year—cannot pass without a full 60 votes in the Senate. Republicans currently only hold 52 of the Senate’s seats.

The Byrd Rule, named after Democratic Senator Robert Byrd, states that any legislation that directly affects the federal budget by decreasing spending or increasing revenue can be passed through reconciliation, the process that Republicans are using to try and pass their latest health care law. But some of the bill’s provisions don’t appear to qualify: As my colleague Kevin Drum points out, the provision that would prohibit Planned Parenthood from receiving Medicaid funds probably “doesn’t pass muster because it doesn’t affect total spending, only where money can be spent.” “This means that, should the Senate proceed to the bill, these provisions may be struck from the legislation absent 60 votes,” the parliamentarian’s decision explains.

“Targeting Planned Parenthood because we provide abortion is an obvious violation of the Byrd Rule because the provision’s primary intent is clearly political, and the budgetary impact is ‘merely incidental’ to that purpose,” said Dana Singiser, vice president of public policy and government affairs for Planned Parenthood Federation of America.

Other casualties of the bill include the replacement to Obamacare’s individual mandate, which under the BCRA would have meant that anyone who had a lapse in coverage for more than a month and then signed up on the exchange would have had to wait six months for full coverage to take effect. The parliamentarian also stated that the measure in the BCRA to restrict federal tax credits from being used for abortion violates the Byrd Rule. 

It’s possible that Republicans will try to overturn the parliamentarian’s decision, but doing so would violate decades of precedent in the Senate. 

TIME IS RUNNING OUT!

We have an ambitious $350,000 online fundraising goal this month and it's truly crunch time: About 15 percent of our yearly online giving usually comes in during the final week of the year, and in "No Cute Headlines or Manipulative BS," we explain why we simply can't afford to come up short right now.

The bottom line: Corporations and powerful people with deep pockets will never sustain the type of journalism Mother Jones exists to do. And advertising or profit-driven ownership groups will never make time-intensive, in-depth reporting viable.

That's why donations big and small make up 74 percent of our budget this year. There is no backup to keep us going, no alternate revenue source, no secret benefactor. If readers don’t donate, we won’t be here. It's that simple.

And if you can help us out with a donation right now, all online gifts will be matched thanks to an incredibly generous matching gift pledge.

payment methods

TIME IS RUNNING OUT!

We have an ambitious $350,000 online fundraising goal this month and it's truly crunch time: About 15 percent of our yearly online giving usually comes in during the final week of the year, and in "No Cute Headlines or Manipulative BS," we explain why we simply can't afford to come up short right now.

The bottom line: Corporations and powerful people with deep pockets will never sustain the type of journalism Mother Jones exists to do. And advertising or profit-driven ownership groups will never make time-intensive, in-depth reporting viable.

That's why donations big and small make up 74 percent of our budget this year. There is no backup to keep us going, no alternate revenue source, no secret benefactor. If readers don’t donate, we won’t be here. It's that simple.

And if you can help us out with a donation right now, all online gifts will be matched thanks to an incredibly generous matching gift pledge.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate