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The Senate Parliamentarian

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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5 Responses

  1. BDG says:

    You’re wrong about Frumin. He’s the hack that Bill Frist hired in 2001 when the previous parliamentarian was sacked for refusing to rule that the 2001 tax cuts could be enacted through reconciliation. http://www.nytimes.com/2003/05/31/us/for-senate-parliamentarian-great-power-but-a-sensitive-constituency.html?pagewanted=1

  2. Paul Horwitz says:

    BDG is right that the previous parliamentarian, Bob Dove, was fired by the Senate leadership (quite wrongly, in my view). But in fairness, it should be noted that Frumin had been working in the Senate parliamentarian’s office for years before that and, at the time, was next in line for the job. And Dove was fired by Lott, not Frist.

  3. Gerard Magliocca says:

    I didn’t know this background. The readers of this blog are incredibly well-informed!

  4. Nate Oman says:

    Gerard: I believe that there is another procedural rout that one could take. The chair could adopt the parliamentarian’s ruling and someone could then make a motion to appeal the decision of the chair, which would put the question to the Senate as a whole for a vote. If I recall correctly, this vote would be by simple majority, is not subject to filibuster, and cannot be appealed.

    (Note: when I work in the Senate after college, I had to learn a fair amount of it’s procedure but it’s been a while, I’ve forgotten most of what I knew, so I may have the precise procedure for appealing the decision of the chair wrong.)

  5. ParatrooperJJ says:

    Just to clarify the process, the parlimentarian only advises the presiding officer of the correct procedure. The actual ruling is made by the presiding officer. Nats is also correct about the appeal procedure.

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