Boxer’s Procedural Gambit Pushed Bill Out of Committee

Dan Holler /

According to the Politico, “Barbara Boxer plans to bypass Republicans on climate vote.” Committee Republicans have refused to a markup of the Kerry-Boxer (S.1733) global warming bill because EPA has not conducted a full analysis of the legislation. Committee rules prevent Boxer (D-CA), who chairs the committee, from moving forward with a markup if at least two minority Senators are present. Committee precedent also prevents her from reporting a bill out off committee.

At 8:30 this morning, the EPW website announced the committee would indeed meet this morning, which indicated Boxer may be ready to ignore decades of committee precedent and report out the Kerry-Boxer bill. The procedural gambit gets complicated though, because committee rules prevent amendments from being considered without minority participation. According to E&E News PM (subs. req’d.), Senator Whitehouse (D-RI) acknowledged this difficulty:

Let me put it this way, I don’t know a way to take up an amendment without two Republicans present. That’s been the problem.”