Senate Republicans reignited debate over the filibuster Thursday, voting 51-44 along party lines to overturn a Biden-era federal waiver allowing California to phase out gas-powered cars, prompting sharp Democratic accusations of "going nuclear," The Hill reported.
The move, executed via the Congressional Review Act, bypassed the traditional 60-vote filibuster threshold after Republicans rejected guidance from the Government Accountability Office and Senate Parliamentarian Elizabeth MacDonough, who had determined the waiver did not qualify for CRA consideration.
"The Environmental Protection Agency submitted these rules as rules to Congress this year after being released by the Biden administration in its last days in office. That is a fact," Senate Majority Whip John Barrasso, R-Wyo., said on the Senate floor. "Under the Congressional Review Act, that makes them subject to review. Period. End of story."
Democrats strongly criticized the maneuver. Senate Minority Leader Chuck Schumer, D-N.Y., characterized the vote as "going nuclear — plain and simple," warning Republicans, "What goes around, comes around."
Senate Majority Leader John Thune, R-S.D., carefully orchestrated the vote to avoid directly overruling MacDonough, opting instead for procedural maneuvers to frame the issue as a dispute over congressional versus GAO authority. This approach, he argued, maintained Senate norms despite Democratic claims of precedent-breaking.
"If we don't do this … then we have empowered the GAO more than anybody's envisioned," said Sen. Thom Tillis, R-N.C., "You can be damned sure that Democrats and Republicans are going to abuse it."
The GOP move follows a contentious House vote earlier this month, where nearly three dozen Democrats joined Republicans to repeal the California waiver. Thursday's Senate vote signals GOP determination to assert congressional authority, especially over environmental regulations, which is seen as executive overreach.
Yet, Democrats argue Republicans are undermining the filibuster tradition they have publicly defended. The filibuster debate has grown increasingly fraught in recent years, with both parties selectively weakening the rule when politically expedient.
Republicans maintain they protect the Senate's legislative authority from bureaucratic encroachment rather than weakening procedural norms. Sen. Kevin Cramer, R-N.D., dismissed Democrat concerns as political theater. "We're not eliminating the filibuster," he said. "You can't be afraid of appearances and illusions in this business, or you're too weak to be in this business."
California Democrats expressed particular anger over what they perceive as targeted political action. Sen. Adam Schiff, D-Calif., cautioned that the vote could set a troubling precedent.
"Today, it is California and our ability to set our own air quality standards," Schiff said. "But tomorrow, it can be your own state's priorities made into a target by this vote to open the Pandora's box of the Congressional Review Act."
"They're not the same thing. Everybody knows they're not the same thing. [Democrats] are going to do whatever Democrats do with the filibuster when they take charge," said Sen. Kevin Cramer, R-N.D. "They're all committed to eliminating the filibuster. … We're not eliminating the filibuster."
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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