Sen. Jeff Merkley had an early warning that Harry Reid’s change of heart on filibuster reform was coming. “I was the presiding officer of the Senate several weeks ago,” Merkley told me in an interview. “Sen. Reid came to close, we were the only ones in the chamber. At that point he made the comment, something like ‘I’m embarrassed to say this in front of the Senator from Oregon, but I argued we could fix (whatever it was the Senate was working on that day) with an agreement between the Majority and the Minority Leader, and I was wrong.”
So Reid’s more widely recognized comments last week, that the proponents of Senate rules reform were right, represented a repetition, in a sense, not a spontaneous moment of anger. Nevertheless, Merkley was pleased that the Majority Leader was coming around to his way of thinking on the subject. “It felt good that the Majority Leader publicly declared that there’s a problem that has to be addressed,” Merkley said. “It’s been a continuous affliction of the minority blocking debate on legislation.”
It’s one thing for Reid to admit the problem, and another for him to act on it. Reid has publicly committed to taking a new look at the issue next January, when there is a small window of time for the Senate to reset their rules. Some have argued that this issue could be pressed right away, with an ultimatum to move on Presidential appointments or risk the “nuclear option,” where a majority of the Senate can change the rules mid-session. There’s even an effort afoot to have the filibuster declared unconstitutional by the courts, with a high-powered attorney attached. And the question of whether anything will be done must collide with the reality that control of the Senate is up for grabs in this year’s elections.
By this time two years ago, Merkley and his partner Tom Udall had already been putting in place their set of reforms, building a coalition for change. That effort failed in January 2011. What are Merkley and his colleagues doing this time around? “My hope had been to find a group of Republicans to join us on specific reforms,” the Senator from Oregon told me. “Right now the outcome of the Senate is in doubt, which could be a helpful moment to get us out of the mode of which party these reforms help. I’ve been holding some conversations in that regard” with selected Republicans, Merkley said.
He added, “A point Tom and I made, the things we were proposing, we could support whether in the majority or the minority. It included a reform that the minority sought, a protocol for amendments,” so that the Majority Leader would not just block attempts by the minority to legislate through “filling the amendment tree” or other measures to stop a vote.
Of course, a micro-miniature version of the Merkley-Udall filibuster reform plan was instituted as a “gentlemen’s agreement” in 2011. It included one of the five-point plan that Merkley and Udall sought, the banning of secret holds (Merkley says that, as far as he can tell, when a Senator objects to unanimous consent these days, you can usually find out who’s doing it). In addition, the minority agreed to force cloture votes on the motion to proceed to legislation, as long as the majority allowed for more room for amendments. This has failed miserably. Filibusters are up in this session, amendments have gotten less germane to the legislation at hand and are frequently used to send messages or embarrass vulnerable lawmakers, and legislating has basically ground to a halt. “No observer could look at the Senate today and say its conduct is any different. If anything, it’s worse,” Merkley said.
So far, his sought bipartisan coalition for rules reform has not come together. But Merkley plans to keep going. “I say it at every opportunity,” he said. “I fully intend to press this case vigorously.”




8 Comments

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Glad to hear the constitutionality of the filibuster may be challenged. It’s a dead end street, but still it’s good because the filibuster IS unconstitutional.
But, of course, so is declaring war on other nations without Congress, wiretapping without warrants, ending habeas corpus, and executing someone without any kind of trial or due process of any kind.
It won’t go anywhere in court, but it’s still nice to have that little bit of light shine on the issue. Because one can’t square the things the constitution says about voting with the round filibuster. It’s just not possible.
Reid must have taken too many blows to the head in his wrestling days. He sure is stupider than shit. Of course, what does that say about the senate Ds who appointed him their leader.
I’ve never seen such sorry excuses for humans in my life as those who are inside teh Beltway now.
The last thing the mandarins of the Democratic Party want is filibuster reform. They would lose their all-purpose excuse for the death of progressive policies in the Senate.
Dya think.
Will be talk from Reid; nothing will be done; Rs will get 51 seats and pass all their legislation; reelected O won’t veto.
I’m sure they are getting lobbied by the White House to leave the Filibuster in place, as it is. Neoliberal Obama has benefited greatly from the Filibuster.
The DimocRATS want the filibuster gone so they will have an excuse not to stop legislation passed by the Rethugs if they retake the Senate and hold the House.
The filibuster has been the Dems’ go-to excuse for failure to enact progressive reform, and lack of a filibuster will be their excuse for failure to block a conservative repeal of the progressive legislation now on the books. The Democrats will never get rid of the filibuster while they are in the majority, but talking about it this way gives the Republicans permission to repeal it in the next session if they win a majority in November.
Reid is not dumb; he’s evil.
we need to stop calling it filibuster. It’s dissent and there is no deliberation in the senate with out the real filibuster. just back room deals. Filibusters now consist of sitting on their asses in the steak house drinking whiskey with lobbyists.