A new procedural debate is emerging in the Senate as Senator John Kennedy urges Republicans to explore an alternative way to pass the SAVE America Act. Instead of following the standard legislative process, which requires 60 votes to overcome a filibuster, Kennedy is suggesting the use of budget reconciliation—a process that allows certain bills to pass with a simple majority.

Currently, under Senator John Thune’s plan, the bill would go through regular Senate procedures. With Republicans holding 53 seats, that path would need support from at least seven Democrats. Kennedy argues that by structuring the bill to meet reconciliation rules, only 50 votes plus a tie-breaking vote from JD Vance would be required.

Budget reconciliation, established by the Congressional Budget Act of 1974, is intended for legislation affecting taxes, spending, or the deficit and has been used by both parties to pass major bills without bipartisan support. Kennedy referenced past examples, including Republican-backed initiatives and the Democratic-passed American Rescue Plan Act of 2021.

Whether the SAVE America Act qualifies for reconciliation remains uncertain due to Senate rules on what can be included under the process. Nonetheless, the debate underscores a strategic choice for Republicans: seek bipartisan support under normal procedures or leverage reconciliation to pass the bill with a slim majority.