By now we have a sense of what Chuck Schumer will present to his caucus on a Senate rules reform deal. There will be three main pieces – banning secret holds, removing a handful of Presidential appointments from advise and consent consideration (the number I’ve seen is about 100 out of roughly 1,400), and ending the privilege for any Senator to force a full reading of a bill or amendment on the floor of the Senate. The former won’t change a thing, the second is a mere 7% reduction in the epic appointment backlog and the third is something I’ve seen tried once (by Tom Coburn on Bernie Sanders’ single-payer amendment) in recent history. So nothing, nothing, and nothing.
But wait! There’s also a crucial voluntary and unwritten portion to the deal! Chuck Schumer, who ground this agreement into nothing negotiated this agreement, explains that the entire thing would not get voted on as a rule change:
The deal would not be codified in the form of a rules change, reform advocates and Hill aides familiar with the talks say. Instead, it would depend on an informal understanding between the two parties to enhance the chamber’s efficiency and comity.
Schumer, who chairs the Senate Rules Committee and has taken the lead on negotiations with Republicans, outlined some tenets of a prospective compromise during an appearance on MSNBC’s “Morning Joe.” [...]
“But there’s also a way to get to the nub of this and have the leadership on both sides agreeing to pull back,” Schumer added. “[Minority Leader Mitch] McConnell will say, ‘I’m not going to block the motion to proceed and filibuster everything,’ and [Majority Leader Harry] Reid would say, ‘I’m not just going to fill the tree automatically and prevent amendments.’ So I think there’s a possibility we could come to a pretty good agreement.”
A possible deal might seem like welcome news to Democrats frustrated by the lethargic pace of legislating in the Senate, but rules-reform advocates have become likewise exasperated with the state of their leadership’s negotiations.
For starters, an informal deal is, by definition, unofficial. “The whole thing could blow up again in a couple months,” said one operative who has lobbied the Senate on rules reform. “They are getting nothing.”
I was wrong in saying that the deal was nothing, nothing and nothing. It’s worse than that. According to this report, not even the banning of secret holds and the rest will get an actual vote. They hardly deserve a vote, but the point is that Democrats actually think not voting at all will keep the Pandora’s box of rule changes closed. There’s no awareness that the Constitutional option is simply a fact of history, and Republicans will not hesitate to use it if they want.
So instead, they will arrive at this “gentlemen’s agreement” that will change pretty much nothing. I predict that filibusters will go down in this session of Congress, but only because the House is in control of Republicans and there won’t be a whole lot in the way of legislating going on generally. The Senate will remain a broken institution, and the country will continue on its sclerotic pace. Democrats will stupidly point to a reduction in filibusters as “proof” that their gentlemen’s agreement worked. But it will only serve to prove that Democrats have no idea how to operate in an era of party polarization.
Tom Udall has the right, as a Senator, to force the Vice President to rule on changing Senate rules by majority anyway, and force a subsequent vote on rules changes. It looks as if Udall and his colleagues may force that to happen. I hope so.




7 Comments

Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
doesn’t need a vote if it’s not in the rules to begin with — would just take a decision by the majority leader to stop honoring them.
lol. how many filibusters were there in the last session of congress? zero or did i miss one?
well, at least the shiny object (aka manufactured issue) of “rules reform” has deflected attention from the overwhelming failure of the D party elite to use their majorities in the house and senate (and presidency too) to do anything of great significance for the majority of americans.
success!
From what you report, Schumer appears to be fishing for Bribes: There is absolutely no reason to negotiate with Republicans on this, as Democrats have the majority: They can set the rules. If they don’t outlaw the Filibuster, the Haitian Genocide via Cholera continues. If they do outlaw the Filibuster, they can pass the Bill already passed by the House that would pay the one billion dollars for Haitian relief that President Obama promised. None of that billion has been paid yet, resulting in a Cholera epidemic, though Cholera is easily stopped. The UN appears to have started the Cholera epidemic by bringing soldiers from the river delta in Nepal, where Cholera has been prevalent for thousands of years, according to Wikipedia. The US has a moral obligation to send that aid and stop that Genocide immediately.
Don’t forget about the genocide taking place in this country regarding the unemployed. If we have a moral obligation to send aid to Haiti to stop their cholera epidemic, we most certainly have a moral obligation to stop the rush to homelessness, hunger and extreme poverty that is being inflicted upon the very long-term unemployed here due to Congress and Obama’s refusal to do what is necessary to avoid it.
Why is it easier for people here to send aid to foreign countries when we need it just as much, if not more in some cases? Is it because we refuse to look in the mirror and admit that we are no better? Or that we stick our heads in the ground to avoid admitting there is a real problem that has been building for decades?
T
The US absolutely has a moral obligation to house and educate its people, an obligation our country ignores. I might add that the obligations don’t end there: The law says we should maintain Full Employment, but economists tell us it’s better to have a little unemployment, to put downward pressure on wages. The US should assure that every person has medical and dental care, and that all workers have union representation if they want it. It’s time for the Government to stop being slackers.
selise, your sarcasm cuts me to the core. I think it’s very important to have a significant reform, so that 41 members can’t dominate the Senate. It’s supposed to be a “majority rule” chamber. I’m very disappointed to hear this development.
The prima donnas in the Senate need to be kicked out, so real democrats can do the job. Make every filibuster threat real by letting them stand up and debate issues. Refuse ‘hold’s altogether. Stop filibuster of procedural votes and on amendments. Let government work or admit the Republican mantra that “government doesn’t work” is correct.
i don’t disagree with the last half of your sentence above. the point i’m trying to make (maybe not very well) is that the problem is not in the rules — the problem is in the legislators themselves. there is nothing in the rules that prevents a simple majority from enacting legislation in the senate, if the majority are first willing to hear out the other side. it’s a delay, but not an indefinite delay.
as far as i can tell, the requirements of the senate rules have been seriously misrepresented by D party officials and their supporters.
our senators are refusing to be legislators and to legislate in public. that’s the problem. not the rules.