"But we also need to be honest. You can’t pass a budget in the Senate of the United States without 60 votes and you can’t get 60 votes without bipartisan support. So unless Republicans are willing to work with Democrats in the Senate, Harry Reid is not going to be able to get a budget passed. And I think he was reflecting the reality of that that could be a challenge.”
--White House Chief of Staff Jack Lew, on CNN’s “State of the Union,” Feb. 12, 2011
Lew is completely wrong when he claims that 60 votes are needed to “pass a budget in the Senate.” As he well knows, a budget resolution is one of the few things that are not subject to a filibuster. In fact, that is one reason why a bill based on reconciliation instructions cannot be filibustered.
You don’t even need 50 votes, just a simple majority. Here are a few of the recent close votes for the budget resolution, as listed by CRS: 48-45 (2009 budget); 51-49 (2006); 51-50 (2004); 50-48 (2001). Senate Democrats may have reasons for failing to pass a budget plan—such as wanting to avoid casting politically inconvenient votes—but a GOP filibuster is not one of them.
Asked for an explanation of Lew’s remarks, a White House official said: “The Chief of Staff was clearly referencing the general gridlock in Congress that makes accomplishing even the most basic tasks nearly impossible given the Senate Republicans’ insistence on blocking an up or down vote on nearly every issue.”
We might be tempted to think Lew misspoke, except that he said virtually the same thing, on two different shows, when he was specifically asked about the failure of Senate Democrats to pass a budget resolution. He even prefaced his comment on CNN by citing the “need to be honest.”
We wavered between three and four Pinocchios, in part because the budget resolution is only a blueprint, not a law, but ultimately decided a two-time budget director really should know better.