Alex Padilla U.S. Senator for California

WASHINGTON, D.C. — Today, U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Committee on Rules and Administration and a member of the Senate Environment and Public Works Committee, blasted Senate Republicans for their attempt to go nuclear on the Senate rules and overrule the nonpartisan Senate Parliamentarian in order to bypass a filibuster and rescind California’s clean air waivers.

This afternoon’s floor speech was the first of multiple speeches Senator Padilla will deliver if Senate Republicans proceed with their attacks on the public health, air quality, and environment for millions of Americans.

“While it’s not too late to turn back at this moment, I think it’s important for all of my colleagues to know that I will be back here again and again and again throughout this process to make sure that everyone knows what these votes mean not just for the precedent and procedures of the United States Senate, but for the health of my constituents in California. And about the real threat to human life that comes when California is denied the ability to control toxic air and greenhouse gas emissions,” said Senator Padilla.

Padilla spoke on the floor as Senate Republicans prepared to move forward with their cynical attempt to rescind California’s Clean Air Act waivers with a 50-vote threshold under the Congressional Review Act (CRA), bypassing the filibuster and its 60-vote requirement by overruling the Senate Parliamentarian. He called out Republicans’ hypocrisy after they staunchly defended the filibuster in 2022, and cited Majority Leader John Thune’s (R-S.D.) recent comments that overriding the Senate Parliamentarian is “totally akin to killing the filibuster.”

Padilla made clear that “all bets are off” in the next Democratic Administration, where Democrats can go after agency actions they disagree with — from mining permits, to fossil fuel project approvals, to liquified natural gas export licenses, and more — if Republicans set this dangerous precedent. He also highlighted non-rule actions the Trump Administration could try to reverse, including vaccine approvals, broadcast licenses, and merger approvals when they don’t match their political agenda.

Excerpts from Senator Padilla’s remarks, as prepared for delivery, are available below. Video of his remarks is available here.

Key Excerpts:

• As I said here yesterday, it’s not just why Republicans are willing to endanger the health of Californians. It’s how they’re doing it.

• Republicans are trying to pass these bills to gut California’s Clean Air Act authority on a 50-vote threshold. They are plotting to overturn the Senate Parliamentarian’s decision. Plain and simple.

• It’s a total 180-degree reversal from the majority. But in one way, they’re right. No, this isn’t the same as killing the filibuster. This actually goes way, way beyond that. First, they are doing more than going nuclear on the Parliamentarian. They are going nuclear on the Congressional Review Act itself.

• Under this logic, the Trump Administration could send an endless stream of non-rule actions to Congress, going back to 1996. … Do we want to spend our days voting on every vaccine approval because Secretary Kennedy decides to send them to Congress?

• And what about the next Democratic Administration? All bets are off. … Every agency action that Democrats don’t like — whether it’s a rule or not, and no matter how much time has passed — will be fair game if Republicans go through with this.

• By voting to go nuclear on the CRA, they are ignoring the law – not just Senate rules but the text of the law. By voting to overrule the Parliamentarian, they are saying the rules are whatever Republicans say they are. The majority can tell themselves whatever they want. They can twist themselves into pretzels to try and justify their reckless actions. But despite their smoke and mirrors approach to confuse people, we are all going to see it today with our own eyes.

• If this happens under a Republican majority, it will be pretty ironic. The party that claims to be the staunch defender of the filibuster threw the rules aside as soon as it was convenient. I have been honest in my views on the filibuster. I think it needs to change overall going forwards. But it was my colleagues on the other side of the aisle who fought so hard to keep it.

• We’re in the minority today. But Democrats will be in the majority again one day. We will not forget what happened here. History won’t forget. And Mr. President, California won’t forget what’s at stake today, either. I yield, but I will be back.

Senator Padilla has been outspoken in pushing back against Republican attacks on California’s Clean Air Act waivers. He has spoken on the Senate floor multiple times to sound the alarm on Senate Republicans’ consideration of moving forward with their plan to revoke California’s Clean Air Act waivers. Yesterday, Padilla placed a hold on the four pending Environmental Protection Agency (EPA) nominees until Republicans stop their reckless attempts to overrule the Senate Parliamentarian. Padilla, along with Senator Sheldon Whitehouse (D-R.I.), and Democratic Leader Chuck Schumer (D-N.Y.) also led Democratic Ranking Members in strongly warning Majority Leader Thune and Majority Whip John Barrasso (R-Wyo.) of the dangerous and irreparable consequences if Senate Republicans overrule the Senate Parliamentarian’s decision on California’s waivers.

Last month, Padilla, Whitehouse, and Schiff welcomed the Senate Parliamentarian’s decision that the waivers are not subject to the CRA. Padilla also joined Whitehouse and Schiff in blasting Trump and EPA Administrator Lee Zeldin’s weaponization of the EPA after the Government Accountability Office’s (GAO) similar finding. Padilla and Schiff previously slammed the Trump Administration’s intent to roll back dozens of the EPA’s regulations that protect California’s air and water.

Padilla’s full remarks, as prepared for delivery, are available below.

Mr. President,

Today on the Senate floor, we are expecting to see some outrageous attacks on California and the historic Clean Air Act.

And while it’s not too late to turn back now, I want my colleagues to know: I will be back here again and again to make sure that everyone knows what those votes mean for the health of my constituents, and about the real threat to human life that happens when California is denied the ability to control our toxic air and greenhouse gas emissions.

But before I do, I want Senators and the American people to fully understand what we are about to witness on the Senate floor. Put aside all the procedural back and forth. I’ll get to that in a few minutes. But overall, it’s very simple: Senate Republicans are preparing to vote to overrule the Parliamentarian.

They want to do that in order bypass the filibuster, and gut the Clean Air Act. Now, as I stand here right now, those joint resolutions are subject to Rule 22 and the 60-vote filibuster threshold. They are subject to debate and amendments.

In this moment, they are regular legislation, and are subject to the legislative filibuster. But after the majority is done with their power play, the status of these same bills, maybe later this evening, will be very, very different. All of a sudden they may be subject to expedited procedures! No amendments allowed! Limited debate!

Again, as I said here yesterday, it’s not just why Republicans are willing to endanger the health of Californians. It’s how they’re doing it.

In 1967, the Clean Air Act passed this body under regular order by a vote of 88 to 12. In 1990, the landmark Clean Air Act Amendments passed the Senate 89-11.

But today, Republicans are trying to pass these bills to gut California’s Clean Air Act authority on a 50-vote threshold. They are plotting to overturn the Senate Parliamentarian’s decision. Plain and simple.

Why is that significant? Well, the Majority Leader said it himself at the very start of this Congress, that when it comes to overriding the Parliamentarian: “That’s totally akin to killing the filibuster. We can’t go there. People need to understand that.”

Fast forward to this week, and we’ve heard all sorts of excuses about why, all of a sudden, overturning the Parliamentarian isn’t akin to killing the filibuster. It’s a total 180-degree reversal from the majority. But in one way, they’re right! No, this isn’t the same as killing the filibuster. This actually goes way, way beyond that.

First, they are doing more than going nuclear on the Parliamentarian. They are going nuclear on the Congressional Review Act itself.

It’s true that the Parliamentarian does not make law. Under the Constitution, the House and the Senate set their own procedures, limited by the requirements set in the Constitution. 

For the good of order, and a functioning democracy, we have all come to rely on the Parliamentarian to call balls and strikes and set the rules of the road.

But the Congressional Review Act is a law. And it says that all points of order are waived during a CRA resolution. And that’s what we are debating right now. An actual CRA resolution relating to hydrogen fuel.

Now, I oppose this resolution, but at least it is following the law and Senate procedure. But what is about to happen is going to be against the law. And against Senate procedure.

As I understand it, we are going to go nuclear twice. First we are going to go nuclear and overturn the rule on points of order during a CRA. Which is in the law!

Then Republicans plan to go nuclear a second time, to throw out the rulebook and use the CRA against any agency action that an agency submits. No questions asked.

So like I said, this goes way beyond the filibuster. And let’s play this out a bit.

Under this logic, the Trump Administration could send an endless stream of non-rule actions to Congress, going back to 1996, including: vaccine approvals, broadcast licenses, merger approvals, and any number of government decisions that apply to President Trump’s long list of enemies.

All it would take is a minority of 30 Senators to introduce related bills, and the Senate would be bogged down voting on agency grocery lists all day.

Do we want to spend our days voting on every vaccine approval because Secretary Kennedy decides to send them to Congress?

And what about the next Democratic Administration? All bets are off. Mining permits. Fossil fuel project approvals. LNG export licenses or offshore leases. IRS tax policies. Foreign policy. Every Project 2025 or DOGE disruption.

Every agency action that Democrats don’t like — whether it’s a rule or not, and no matter how much time has passed — will be fair game if Republicans go through with this.

So, let’s step back. Republicans are admitting that they don’t have the votes to pass these California resolutions under the Senate Rules that the Parliamentarian says apply — so why not throw out the rule book altogether!

By voting to go nuclear on the CRA, they are ignoring the law – not just Senate rules but the text of the law. By voting to overrule the parliamentarian, they are saying the rules are whatever Republicans say they are.

The majority can tell themselves whatever they want. They can twist themselves into pretzels to try and justify their reckless actions. But despite their smoke and mirrors approach to confuse people, we are all going to see it today with our own eyes.

The majority is going to go nuclear to bypass the filibuster rule and pass a bill – for the first time in Senate history. It has happened for nominations before. It has happened on few procedural questions before. But it has never happened to pass a bill – or three bills. Never.

If this happens under a Republican majority, it will be pretty ironic. The party that claims to be the staunch defender of the filibuster threw the rules aside as soon as it was convenient.

I have been honest in my views on the filibuster. I think it needs to change overall going forwards. But it was my colleagues on the other side of the aisle who fought so hard to keep it.

Well, there is about to be a new precedent in the record, unless we step back at the last minute.  And it will stand as a guidepost going forward.

We’re in the minority today. But Democrats will be in the majority again one day. We will not forget what happened here. History won’t forget.

And Mr. President, California won’t forget what’s at stake today, either. I yield, but I will be back.

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