A high-profile push by U.S. Sen. John Cornyn to block Medicaid funds from going to illegal aliens charged with serious crimes collapsed on June 30 after it failed a key Senate procedural hurdle.

Cornyn’s proposal, which drew support from four Democrats representing swing states, would have withheld federal Medicaid funding from states that offer health coverage to illegal aliens who are charged with or convicted of serious crimes. But the amendment fell short in a procedural vote, 56-44, after being ruled ineligible under the Senate’s strict budget reconciliation rules by the Senate Parliamentarian.

Democratic Sens. Jon Ossoff and Raphael Warnock of Georgia, Catherine Cortez Masto of Nevada, and Maggie Hassan of New Hampshire joined nearly all Republicans in voting to keep the provision alive. Maine Sen. Susan Collins was the only Republican to side with Democrats in opposition.

THE BREAKDOWN:

  • The amendment would have penalized states that provide Medicaid coverage to illegal aliens accused or convicted of serious crimes.

  • It failed because the Senate Parliamentarian said it didn’t meet the strict rules for inclusion in a budget reconciliation bill.

  • The final vote was 56–44, short of the 60 votes needed to waive the rules and keep the amendment alive.

  • U.S. Sen. Ted Cruz backed the amendment and criticized Democrats for opposing it.

  • The provision was part of a broader GOP effort to reshape Medicaid funding and limit benefits for certain immigrant groups.

The vote came during a marathon “vote-a-rama” as part of final negotiations over President Donald Trump’s sweeping domestic policy package, dubbed the “Big Beautiful Bill.”

The Senate approved Trump’s “Big Beautiful Bill” on July 1 after 27 hours of discussion. The budget legislation, H.R. 1, was approved by the Senate with a vote of 50 to 51, with Vice President J.D. Vance providing the decisive vote, as previously reported by The Dallas Express. The bill will now move on to the House of Representatives, which is controlled by Republicans.

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Cornyn’s proposal was one of several provisions thrown out after receiving what is informally known in the Senate as a “Byrd Bath.”

What is a Byrd Bath?

Named after the late West Virginia Democrat Sen. Robert Byrd, the Byrd rule governs what provisions can be included in budget reconciliation bills—a process that allows the Senate to bypass a filibuster and pass legislation with a simple majority.

According to the advocacy group Indivisible, reconciliation “allows Congress to pass legislation with only 51 votes in the Senate,” but only for provisions that “directly impact government spending or taxes.” Any provision deemed “extraneous” or only “incidentally” related to the federal budget can be struck.

If the amendment has a budgetary effect but the effect is not what the budget resolution called for, or if the amendment is outside the jurisdiction of the committee recommending it, the parliamentarian can decide it is extraneous or incidental, among other reasons.

The process of reviewing these provisions for compliance is called a “Byrd Bath.” In this case, the Senate Parliamentarian reportedly advised that Cornyn’s amendment, along with others, could not be included under reconciliation rules. That decision effectively forced the amendment to clear a 60-vote threshold to override Senate rules—something it failed to do.

Reactions to the Parliamentarian’s Role

Some legislators railed against the decision before votes were cast. Sen. Tommy Tuberville (R-AL) took to social media to express his thoughts.

 

Rep. Greg Steube (R-FL) echoed Tuberville’s frustration.

 

Leftwing commentator Keith Olbermann responded to Steube, apparently mis-gendering the parliamentarian, “He was reappointed by Republicans, Congressman Stupid.”

Senate Republicans, led by Majority Leader John Thune, said they would not overrule Parliamentarian Elizabeth MacDonough. “No, that would not be a good option for getting a bill done,” Thune told Politico in June.

While the Senate could fire MacDonough, Thune has given no indication that he intends to pursue this route in the middle of the legislative session.

The Majority Leader has reportedly taken pains to coordinate votes in such a way that they would avoid her on other matters. Thune apparently coordinated an effort in the upper chamber to overrule an EPA decision on California emissions standards, which would not result in MacDonough being directly overruled, according to Politico.