Supreme Court's Unanimous "SHALL MEANS SHALL" Ruling
WASHINGTON, D.C. — Senate Majority Leader John Thune indicated that Republicans might use budget reconciliation to advance the SAVE America Act if Democrats block the measure through traditional procedures. Thune stated that reconciliation remains a viable legislative tool when circumstances warrant its use. “I think that budget reconciliation, as I’ve said before, you have to have a reason to do it. And if we have reasons to do it—and we may, very well may—I think there are a number of our colleagues in the Senate—we just came out of a luncheon where this was discussed—and I think there’s a lot of support for a budget reconciliation bill,” Thune said.
The senator noted that Republicans have multiple legislative pathways available and would evaluate them to ensure the bill reaches final passage. “We have two legislative vehicles, as you know, available to us, so we could tee one of those up. And that’s an option. And we’ll see—if that’s what it takes to get some of these things across the finish line, and we can do it with simple majorities, we’ll take a hard look at it,” he added.
Budget reconciliation allows certain legislation to pass the Senate with a simple majority of 51 votes rather than the 60 votes typically required to overcome a filibuster. Vice President JD Vance could cast a tie-breaking vote if needed. The process is governed by the Byrd Rule, which limits provisions to those directly affecting federal spending or revenue; items deemed extraneous may be stripped from the bill.
Sen. John Kennedy expressed support for exploring reconciliation to move the legislation forward. “I think we are, Mr. President—I know you are—we need to try to pass this legislation through reconciliation,” Kennedy said. “Now, you know how reconciliation works, Mr. President. It means we can pass this bill with 50 Republican votes and the Vice President to break the tie,” he said.
Department of Homeland Security Secretary Markwayne Mullin confirmed that discussions are underway. He noted that Senate Republican leadership, including Sen. Lindsey Graham, is developing a framework. “Lindsey Graham, the chairman where the reconciliation will funnel through, is committed to making sure we get reconciliation through,” Mullin said. “If that is in some form with funding ICE, possibly backfilling from the One Big Beautiful Bill, but also, more importantly, the SAVE America Act—there’s a framework that we can use through reconciliation, paying for it and putting in some of the policies that cost money,” he said.
Mullin emphasized public support for the measure. “Because there’s nothing more important than the SAVE America Act. I mean, that’s what the American people want. Eighty percent of the population says they want only Americans voting—citizens who are registered to vote, citizens who have done it the right way,” he said. “And I believe that everybody wants election integrity. So fortunately, Lindsey Graham has said that, through reconciliation, he’s willing to put the framework out for that,” he said.
The SAVE America Act would require documentary proof of U.S. citizenship when registering to vote in federal elections, strengthen voter identification rules, and expand federal involvement in maintaining voter rolls. The legislation has drawn strong support from Republicans who argue it safeguards election integrity, while Democrats have opposed it, contending that existing laws already address citizenship requirements and that the measure could create unnecessary barriers for eligible voters.
The current discussion occurs amid broader partisan debates over Senate procedures and the balance between majority rule and minority protections. Reconciliation has been used in recent years for major fiscal and health policy measures, though its application to voting rules would represent a notable expansion. Senate leaders continue to weigh the procedural and political implications as the 2026 midterm elections approach.
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