Reporter's Notebook: GOP's 'favorite bill' faces reality check as Senate stalls on SAVE America Act

Parents won’t admit that they have a favorite child.

But they do.

The same is true with lawmakers.

They won’t admit they have a favorite bill.

But they do.

That’s why the SAVE America Act is the favorite bill of Senate Republicans.

Until it isn’t.

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At some point, lawmakers will forge a deal to fund the Department of Homeland Security (DHS). It could be today. Tomorrow. A week. A month. But it will happen. And until then, the Senate likely squats on the SAVE America Act, which requires proof of citizenship to vote.

The Senate is stalled here, partly because it lacks anything else to do. But mostly because the SAVE America Act is the "favorite child" of Republican senators — for now. It’s good optics for the Senate to look like it’s working on the hallmark of President Trump’s legislative agenda — even if it has no viable path to passage.

And when the Senate eventually secures that DHS agreement, it will likely ditch its favorite child. The DHS bill will quickly matriculate in status to Republican senators.

It’s not that GOP senators loved the SAVE America Act less. But that they loved funding DHS more.

So why wouldn’t the Senate quickly revert to the SAVE America Act as soon as it passes DHS funding? Well, that’s because senators will acquire another favorite child: congressional recess. That’s right. If there’s a DHS deal, lawmakers will abandon Washington for about two weeks to observe Easter and Passover.

Senators will wrestle with the SAVE America Act again down the road. But the measure is likely relegated to the island of misfit toys for legislation. Something called "budget reconciliation."

More on that in a moment.

Yes. Republicans relish talking about the importance of voter ID and securing elections so persons illegally in the country can’t cast ballots. But if enough Republicans really liked the SAVE America Act, they’d have the votes to pass the measure.

The Senate has incinerated more than a week of debate on the SAVE America Act. Republicans have little to show for their efforts. That is, unless you include the Senate blocking a proposed amendment to bar men from competing in women’s sports. That test vote secured a paltry 49 yeas Saturday afternoon.

Everyone has known where the vote count stands on this for weeks now.

"I'm telling you, the SAVE (America) Act is not going to pass," said Senate Minority Whip Dick Durbin, D-Ill. "They have to change the rules of the Senate for that to happen."

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And, for the record, the Senate lacks the votes to alter the rules, too. 

It’s not that Republicans didn’t embrace the SAVE America Act. It’s just that lines at the airports and the risk of terrorism worry them.

The SAVE America Act has emerged as a messaging exercise for Senate Republicans. They can get Democrats on the record about opposing bans on men in women’s sports and voter ID. The National Republican Senatorial Committee (NRSC) — the panel charged with electing GOPers to the Senate — is more than happy to document Democrats via a roll call vote how they feel about those subjects. However, the GOP simply lacks the votes to pass the bill.

Moreover, there is finally an opportunity to end the protracted government shutdown. There are only so many exits on the legislative interstate. You have to be able to read a map. Republicans don’t want to miss this exit. The limited interstate exits also apply to opportunities for congressional recesses.

Republicans are about to punt more than Ray Guy.

"We have had this battle now for two weeks," said Sen. Steve Daines, R-Mont., on Fox. "This is going to continue after we get back. After the Easter break."

Some advocates of the bill promise they won’t retreat.

"We're busting our butt to do what the public wants us to do. We've got to secure our elections," said Sen. Rick Scott, R-Fla.

"Then why haven't we seen a 25-hour speech, [Sen.] Cory Booker [D-N.J.] style, by somebody to keep the Senate in session around the clock?" asked yours truly.

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"I think we ought to do everything we can," replied Scott.

Some Republicans say their side raised expectations too high.

"I think anytime you promise something you can't possibly deliver, you’ve got to be held accountable," said Sen. Thom Tillis, R-N.C. "It's disingenuous to go out to the people and say ‘I'm fighting for you’ when you haven't even entered the ring."

So Republicans will try to shoehorn every possible component of the SAVE America Act into a "budget reconciliation" bill later this year. "Try" is the key word. Budget reconciliation is a special process, inoculated from a filibuster and only needs a simple majority to pass. Sounds great, right? But budget reconciliation is an elite Senate process for only money and tax matters. Not policy, like voter ID. And voter ID could be a target of the Senate’s umpire — Parliamentarian Elizabeth MacDonough — if GOPers try to stuff it in that bill.

"Budget reconciliation, as I’ve said before, you have to have a reason to do it," said Senate Majority Leader John Thune, R-S.D. "Obviously the parliamentarian has a role to play in that process. And in the past we have respected it. And I would expect we would do that."

If they’re being honest, few Republicans think budget reconciliation is feasible to salvage parts of the SAVE America Act.

"I don't think under reconciliation we're going to be able to pass voter ID," said Senate Budget Committee Chairman Lindsey Graham, R-S.C.

"The SAVE America act is not reconcilable," said House Freedom Caucus Chairman Andy Harris, R-Md. "It will never fly past the parliamentarian because it really is predominantly a policy issue."

"This is fake," said Rep. Warren Davidson, R-Ohio, about any wing-and-a-prayer effort to wedge the SAVE America Act into budget reconciliation. "It isn’t going to work."

"A talking filibuster is the most obvious and the most sure way of getting this thing passed," said Rep. Brandon Gill, R-Texas. "This reconciliation is not an out for the Senate. They need to do their job and get this bill passed."

But Senate Republicans haven’t shown a willingness to hold the Senate in session until they wear down their opponents and pass the bill via a lengthy talking filibuster. Staying on the bill for now is a parliamentary convenience. Especially after the weekend vote on men playing women’s sports.

The Senate will eventually move on. And senators will eventually embrace yet another favorite legislative child.