Whatever else you think of this, it's only "up to the parliamentarian" because a majority of Senators have decided they'll defer to parliamentarian's advice in all cases. There are good practical reasons for that, but interpreting Byrd is ultimately Senate's job, not the parl's.
Kennedy on Save Act: What I have advocated for for some time is to do it through reconciliation. And when I raised that issue, he said, “Well, it’ll never survive a birdbath under the Budget Control Act.”
And look, I’ve been around here ten years. I’ve seen things survive a birdbath that I didn’t think had a chance. And I have seen things not survive a birdbath that I thought were slam dunks.
It’s all up to the parliamentarian and her team. And the way you get something through a birdbath is to do your homework, do your research, look for precedents, and make your case that it impacts spending.
So we have some very, very clever wordsmiths on our side of the aisle — on both sides of the aisle. And I’m not prepared to concede that it won’t survive a birdbath.
To me, it’s the short way home, and it’s what we ought to be working on right now — try that. It’ll certainly be quicker if we could get it done.