General Discussion
In reply to the discussion: Mr. Pierce On Senate Rules.... [View all]The Magistrate
(95,264 posts)The presiding officer does not need to take that advice.
The procedure for objection to a measure as extraneous under the Byrd rule is to raise a point of order. The presiding officer rules on this motion, and may accept or reject it. To over-rule any ruling of the presiding officer requires sixty votes.
"A motion ... to sustain an appeal of the ruling of the chair on a point of
order raised under the Byrd rule, requires the affirmative vote of three-fifths of the membership
(60 Senators if no seats are vacant)."
https://sgp.fas.org/crs/misc/RL30862.pdf
There is also precedent for firing a Parliamentarian over such a disagreement, it was done in 2001 by Trent Lott, then majority leader. The quarrel was over whether certain measures could be in a reconciliation bill.