It is law that was made with 51 Senate votes, not the 60 that used to be needed.
For someone who thinks he's pretty bright, you miss some glaring details.
The tax reform bill they are pushing through the Senate will live and die by a complicated rule — known as the “Byrd Rule,” a condition of the “budget reconciliation” process that allows Republicans to pass legislation with only 51 votes in the Senate. Because of how they set it up, Republicans’ tax bill can only increase the deficit by $1.5 trillion in the first 10 years, with no increase outside that window.
The Byrd Rule is the price of partisan politics
At the beginning of this year, with a bare 52-vote majority, far short of the 60-vote filibuster threshold, Republican leadership devised a plan to bypass Democrats altogether on major legislation: They would tie their major agenda items to the budget through
“budget reconciliation,” a bill that can impact spending, revenue, or the debt ceiling with only a party-line vote in the Senate.
It’s a process President Bill Clinton used to pass welfare reform in 1996 and President George W. Bush used to pass tax cuts in 2001 and 2003. It’s how President Barack Obama got several budgetary amendments to the Affordable Care Act passed. Republicans also attempted to use budget reconciliation to try to pass an Obamacare repeal bill in the Senate
As Vox’s Dylan Scott explained, any bill being passed under reconciliation has to comply with every section of the six-part Byrd Rule. “If it fails any one of those tests, it must be stripped out”:
1. The provision must change federal spending or revenue.
2. If the bill does not meet the budget resolution’s instructions to reduce the federal deficit, any provision that results in either increased spending or decreased revenue is removed until it does meet those targets.
3. The provision must only affect policies that fall under the jurisdiction of the specific committees that were instructed in the budget resolution.
4, The provision’s effect on spending or revenues must be more than incidental to its policy impact.
5. The provision cannot increase the federal deficit at some point in the future, beyond the typical 10-year “budget window” that is used to evaluate legislation.
6. The provision cannot change Social Security.