Could Filibuster Reform Happen in the Senate? | Jackson Free Press | Jackson, MS

Could Filibuster Reform Happen in the Senate?

According to a story in the National Journal, all Democratic Senators who are returning to the Senate next year have put their signatures to a letter urging majority leader Harry Reid to take up "filibuster reform."

The letter, delivered this week, expresses general frustration with what Democrats consider unprecedented obstruction and asks Reid to take steps to end those abuses. While it does not urge a specific solution, Democrats said it demonstrates increased backing in the majority for a proposal, championed by Sen. Tom Udall, D-N.M., and others, to weaken the minority's ability to tie the Senate calendar into parliamentary knots.

While it seems unlikely that the Senate would change the number of votes required for cloture (currently 60), there is a sense that the Senate might adopt a rule that requires a filibustering Senator to actually Mr-Smith-Goes-to-Washington filibuster on the Senate floor, meaning an ongoing speech on a bill that has already reached the floor. As the rule works now, Senators can simply (and anonymously) object to a motion to continue, thus registering their desire to filibuster. Then, the offending Senator heads out for a cocktail party or fundraiser, and waits for 30 hours, after which the cloture vote is scheduled.

Adding to the momentum for change, say proponents, is a push by Udall to seek a simple majority vote on changing Senate rules at the start of the session, rather than a two-thirds majority, that is gaining steam. Such a move could come at the start of next Congress, shortly after the Senate returns on January 5th.

Could this happen? Stranger things have, as we've witnessed in the lame duck session. And, lest Democrats cave because they fear retaliation from the GOP if it becomes the majority in the future, it might be in the Democrats interest to recall that the GOP is going to stomp them in whatever way they possibly can regardless of what Reid does now. Just watch what happens in the House to reconciliation rules (you remember... that utterly un-patriot procedure used by the Dems during HCR) once the GOP get their hands on them.

Previous Comments

ID
161407
Comment

Good follow-up on this from Grist.org including an informative chart on exactly how much work has been blocked by the "Easy Button" filibuster that Republicans have been invoking in the past two years. Grist's particular interest is how much the filibuster has been used to block climate change legislation; say what you will about individual policies, but we need to do more on climate change. More on the potential process here, as well.

Author
Todd Stauffer
Date
2011-01-03T12:57:00-06:00
ID
161475
Comment

Updates: the filibuster reform package was introduced yesterday. It's weaker than some wanted, but does require Mr.-Smith-style filibustering, eliminates secret holds, offers "clear path to debate" and expedited nominations. Sounds like smart stuff, although the final provision, "right to amend" has some worried that it's a poison pill designed to kill reform this go-round. Harry Reid didn't call for an immediate vote (which wasn't really expected) although it seems that, theoretically, the rules could still pass on a majority vote only. The assumption is that he's leaving open the possibility of compromise with the GOP so as not to set a precedent of Senate rule changes that only benefit the majority party. So, this goes to committee, with supporters encouraged to call Sen. Chuck Schumer with opinions or encouragement, since he heads the rules committee. The vote won't happen before January 24, it seems, while negotiations and "careful consideration" takes place.

Author
Todd Stauffer
Date
2011-01-06T10:42:24-06:00

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