Senate Overrides Parliamentarian’s Objection to Overturn California’s EV Mandate
The U.S. Senate voted 51-44 to overturn California’s plan to phase out gas-powered cars on Thursday, May 22, 2025. The vote, led by Senate Majority Leader John Thune, defied the Government Accountability Office and the Senate parliamentarian’s advice against using the Congressional Review Act (CRA) for this purpose.
The CRA maneuver allowed the Senate to proceed with a 50-vote threshold rather than the usual 60 votes required for most legislation. Senate Republicans argued that the parliamentarian’s opinion was not binding, and they had the authority to move forward with the vote.
Senate Majority Whip John Barrasso stated, “We’re going to assert the authority of the Senate today to use the Congressional Review Act on rules that have been submitted to Congress.” He emphasized that the Government Accountability Office does not have veto power over the Senate’s decisions.
The vote was not without controversy. Senate Democrats delayed the proceedings with repeated procedural votes, attempting to adjourn or recess. They argued that ignoring the parliamentarian’s advice could set a dangerous precedent and potentially undermine the 60-vote filibuster rule.
Senator Sheldon Whitehouse called the move “the nuclear option,” stating that Republicans had “overruled the Parliamentarian, violated the plain text of the Congressional Review Act, changed the Clean Air Act, and broken the filibuster.” In response, Senate Majority Leader John Thune labeled such concerns as “hysterical” and accused Democrats of hypocrisy.
The decision has significant implications for the auto industry and environmental regulations. California’s waivers allow the state to set its own emissions standards, which are often adopted by other states. The auto industry has been lobbying heavily against these regulations, arguing they limit manufacturers’ freedom to produce various types of vehicles.
The Alliance for Automotive Innovation praised the Senate’s decision, stating that repealing gas vehicle bans in California and other states that follow its regulations would “support a healthy and competitive auto industry in America” and ensure customers have the freedom to choose their preferred vehicles.
California’s leadership has expressed opposition to the Senate’s decision. A spokesperson for the California Air Resources Board said, “The vote does not change CARB’s authority. CARB will continue its mission to protect the public health of Californians impacted by harmful air pollution.”
Legal experts are divided on whether the Senate’s vote can be subject to legal challenge. The use of the CRA in this manner is unprecedented, and its implications for future regulatory actions are still unclear.
This story was produced as part of a partnership between NOTUS and San José Spotlight.
