I just spoke with an aide to Sen. Chris Dodd about my story on the amendment threshold in the Wall Street reform debate. He said that he did not believe Senator Dodd would place a 60-vote threshold on every amendment that comes to the floor.
First, a slight clarification. As the aide stressed to me, any amendment can be subject to filibuster. Democrats could require cloture on Republican amendments, and Republicans could require cloture on Democratic amendments. But what happened in the health care debate was something entirely different. In that debate, Democrats and Republicans agreed that every amendment would need 60 votes to pass. Essentially, they combined the cloture vote and the vote on the amendment into one standard that held for every vote. This was done via agreement between the Senate leadership on both sides of the aisle and the managers on the bill.
So when I was talking about a 60-vote threshold, I was talking specifically about Dodd and Shelby, via an agreement, putting this second option, with a single vote needing 60, on all amendments. And this is what Richard Burr, speaking with Hill reporter Mike Stark, said would happen in the FinReg debate. But the Dodd aide told me, “I don’t think that’s going to happen.” In other words, while individual amendments could be subject to filibuster at the discretion of individual Senators, there would not be a blanket, 60-vote threshold required for any changes to the base bill. Dodd would not be alone in creating such a threshold; that would be worked out through agreements with his counterpart Richard Shelby, as well as the Majority and Minority Leaders. But the aide basically said that Dodd wouldn’t support such a standard.
That’s very good news indeed, and while it doesn’t mean that big changes to the bill won’t be a long haul, it does mean that the possibility exists for majority-vote changes to the bill, rather than a more artificial standard which assumes a filibuster on everything.




11 Comments

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Yeah, well, we’ll see.
Can you clarify:
Suppose Brown et al bring up the Safe Banking Bill as an amendment. Can any Democrat or Republican, or group of them, force a 60 vote requirement on that amendment?
If they can, then the rule that there is not a general rule requiring 60 votes yet is meaningless.
So what. It just means we won’t get 50 votes for anything that really regulates the MOTFU.
Sadly, I agree. It sounds kinda “good,” but – meh – wake me something really meaningful – I mean REAL regulations that stick – happens. Then we can talk.
Thanks for the post, though.
But an R amendment can be tabled with 50 votes. And those motions are privileged, right? So we need 60 votes to get our amendments but only 50 to beat back theirs.
Citizen Scarecrow:
Bingo…this manipulation of 180 year old rules, practices and procedures has evolved out of the ante bellum need to cover for those who should have been confronting slavery and didn’t. The unholy compromise between the New England free thinkers and the Southern slavocracy to get the Constitution ratified spawned the horrible political ideology that infected the early precedents and practices of the Senate that haunt us to this very day. And unless we can somehow stimulate coalitions between the new groups of working class folks based on ethnicity and political geography to confront this President and take power in legislative policy making, I am afraid for the end of our history.
The Senate bill with Dodd’s name on it is still crap. If an amendment can be filibustered then there is a 60 vote threshold in there somewhere. I don’t see how this changes anything. Sounds just like more kabuki.
It ought to be an interesting debate and amendment process. The public probably shouldn’t watch. Heh.
i don’t think so.
not unless the poor dears are afraid of a real debate before the simple majority vote. 60 votes is a way to avoid a filibuster debate.
also, there is the filling of the amendment tree (see health
care reforminsurance company bailout)for more on some of this…. have you read any of powwow’s working threads on senate rules re the filibuster? i’m hoping to write some posts on that, but have been a little busy :)
i don’t think that’s correct. see my comment to scarecrow above.
Yes, but the way the Senate actually works is that the threat of a filibuster results in a 60 vote threshold and no filibuster.