In the wake of the Massachusetts special election, the first signs of Democrats looking to reform of the filibuster, and bring democracy to the Senate, are starting to appear. Mike Stark reports:
The Democratic Caucus is discussing ways of altering or getting around the 60 votes requirement to overcome a filibuster.
I spoke with Senator Bob Casey (D, PA) earlier today. He told me that the Democratic caucus was "working through" how to get around the 60-vote threshold for moving legislation. He said that it was the "subject of a lot of discussion at the end of the year" and "will be in the future". He went on to say that there may be alternatives to rounding up the required 67 votes to change the rules and the caucus is exploring that. One possible justification for getting creative? According to the Senator, "Sometimes the other party approaches it a different way."
It's pretty cryptic, but it is still encouraging.
The talk isn't just in the Democratic Senate caucus. In addition to the frequent discussion within the blogosphere, there is currently a lot of back channel discussion among progressive activists and groups, too. Having been a part of some of these discussions myself, in the extended entry I can tell you a little bit about the other stirrings to reform the filibuster.
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| First, such talks are very much in the exploratory stage. Some progressives are honestly worried about destroying it, both because it would look like a power grab and because they are concerned about the implications for future legislation when Republicans are in charge. Some progressives are not even convinced it would change much, and that the filibuster is largely a procedural excuse Democrats hide behind to avoid doing something they wouldn't do under a 51-vote Senate, anyway. Others just don't think it can be done.
Of course, because we are progressives, everyone has different ideas on how the filibuster should be reformed. Some want to return it to the old "make them read the phone book" filibuster. Some want to reduce it to 55 rather than 51. Some want to adopt Harkin's proposal:
Under Harkin's bill, which is co-sponsored by Sen. Joe Lieberman (I-Conn.), 60 votes would still be necessary to cut off debate on an initial procedural motion. If senators failed to reach 60 votes, a second vote would be possible two days later that would require only 57 votes to cut off debate. If that also failed, a third vote two days after that would require 54 votes to end debate. A fourth vote after two more days would require just 51 votes.
Wow--I can't believe Joe Lieberman is taking the lead on something that I like.
Even though there are disagreements on whether it should happen, and exactly how it should happen, there are an increasing number of groups and activists who want to get rid of the filibuster altogether. These groups are willing to live with the trade off of Republicans not having to deal with the filibuster when they are in the majority. For them, the filibuster is more of an impediment to progressive governance than to conservative governance, and certainly more of an impediment to change than to the status quo. Further, the 60-vote culture is simply an anathema to democracy.
To make filibuster reform happen, the best route is likely through a rule change in the Senate the first day it is in session for 2011. On the first day of every Senate, rule changes only require 51 votes--and the Constitution allows for rules to be changed to whatever a majority of the Senate wants. While I am a proponent of the nuclear option, which would just do away with the filibuster forever, taking the path to change the Senate rules allows for a more precise rule change. For example, changing the rules at the start of the 112th Congress could allow the Senate to just adopt Harkin's legislation (which allows the opposition to delay, nut not ultimately block) as the new
Pushing for something more precise, like Harkin's proposal, will probably be necessary in order to secure partners within the Senate Democratic caucus. Such partners will be absolutely necessary in any campaign to reform the filibuster and bring democracy to the Senate. At the same time, outside pressure should focus like a laser on just ending the filibuster in all circumstance, forever. Further, we should promise to work with Republicans should they try to end the filibuster when they are in the majority. If we take the hardest line possible--end the filibuster in all circumstances in partnership with any party or group of Senators--and then possibly end up with Harkin's proposal, which is effectively the same thing with a six-day delay.
As Senator Casey implied in his talk with Mike Stark, it is going to be a year-long campaign. A useful early step would be getting a whip count on Senator Harkin's proposal by bringing it to the floor. Hopefully that will happen between now and February 13th. Even if it doesn't, it is time to start organizing for democracy in the Senate anyway. |