Democrats Take up the Good Fight to Reform the Senate - Page 2
In total, there were an unprecedented 275 motions for cloture filed in response to the filibusters of the past two Republican minorities. That’s more filings than occurred during the first 67 years of the motion’s existence. Such absurd levels of obstruction have nothing to do with governing. As is evidenced by the many successful cloture votes that were followed by easy passage of the bill, the new SOP for the GOP is all about delay —about bringing government to a standstill. Why else would the extension to unemployment benefits in late 2009 that survived back-to-back filibusters be passed by the Senate without opposition, 98-0? Or what about the filibuster of Fourth Circuit nominee Barbara Keenan that was eventually broken with a cloture vote of 99-0?
Fortunately for the American people, the Republican minority’s rampant abuse of the filibuster has caused such frustration that the backlash may result in real reform. In a Dec. 18 letter to Majority Leader Reid that was signed by all Democratic senators remaining in the Congress that opens Jan. 5, the majority stated, “We believe the current abuse of the rules by the minority threatens the ability of the Senate to do the necessary work of the nation, and we urge you to take steps to bring these abuses of our rules to an end.”
Senators Udall and Merkley are promoting the use of the “constitutional option” to effect the changes they seek. Using this procedure, the Democrats will be able to change the rules of the Senate with a simple majority vote, but according to many experts, they can do so only on the first day of the new Congress. It’s true that some experts disagree with this assessment and suggest that the majority could effect change at a later date, but there’s little doubt that such a move would be filibustered, so Senator Udall is pushing for the change to occur on Jan. 5.
The reform package being circulated would not end the filibuster, or even change the cloture requirements for a three-fifths majority, but it does include several smart changes that promise to restore credibility to the process. First and foremost, the changes would put an end to the purely procedural threat to filibuster by requiring that 40 senators vote to invoke a filibuster. This would replace the present requirement that the majority leader file a cloture motion to overcome an anonymous objection to a motion to proceed. The package would also require a “standing filibuster” — in the form of Mr. Smith Goes to Washington, the filibustering senator would have to remain on the floor to sustain it.Continued on the next page