University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2018 The Tax Legislative Process: A Byrd's Eye View Ellen P. Aprill Daniel Hemel Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Ellen Aprill & Daniel Hemel, "The Tax Legislative Process: A Byrd's Eye View," 81 Law and Contemporary Problems 99 (2018). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. APRILL_HEMEL_FINAL (DO NOT DELETE) 5/16/2018 4:54 PM THE TAX LEGISLATIVE PROCESS: A BYRD’S EYE VIEW ELLEN P. APRILL* AND DANIEL J. HEMEL** I INTRODUCTION The year 2017 was, among other distinctions, the year of the Byrd rule. This once-obscure Senate procedural provision—on the books since 1985 but only recently the stuff of page one news1— featured prominently in several failed attempts to repeal the Affordable Care Act in the spring and summer. Then again at year’s end, the Byrd rule played a central role in the successful effort to rewrite large swaths of the Internal Revenue Code. While the Byrd rule has influenced the legislative process in the past, never before has it drawn so much attention from the mainstream and trade press, and never before has it shaped so consequential a law in such a significant way. One theme that runs throughout this article is that when it comes to the budget math mandated by the Byrd rule, numbers can obscure the truth.