92 legal scholars call on Harris to preside over Senate to include immigration in reconciliation | TheHill

That language, if enacted into law, would have allowed the federal government to offer legal permanent residency to around 8 million undocumented immigrants and immigrants on humanitarian parole programs who are not currently eligible to apply for permanent residency.

MacDonough said such a move would be a substantial change in policy, and would be extraneous to the strictly-budgetary requirements known as the Byrd Rule, limiting which provisions can be included in a reconciliation bill.

“When determining whether a provision is extraneous, the Presiding Officer may rely on the Senate Parliamentarian for expert advice,” wrote the scholars. “However, as past Parliamentarians have emphasized, the ultimate decision on a point of order lies with the Presiding Officer, subject to appeal to the full Senate.” 

“The Presiding Officer therefore must exercise her own judgment in deciding whether a provision should be stricken from a budget reconciliation bill on Byrd Rule grounds,” they added.

via thehill.com

Those darn legal scholars. Always thinking up ways to get around the rules.

Meanwhile, in Germany, the ghost of Carl Schmitt is smiling.

For you non-legal scholars out there: https://en.wikipedia.org/wiki/Carl_Schmitt