Don't be grousing, Harry Reid, when the Republicans keep blocking bills from going forward

[flpoljunkie]

Dem, GOP leaders reach tentative deal to drop "Constitutional option"

By Greg Sargent

Filibuster reform update.

Multiple Senate aides on both sides say that Senators Harry Reid, Mitch McConnell, Chuck Schumer and Lamar Alexander have reached a tentative deal to push forward with a less ambitious filibuster reform package that doesn't rely on the so-called "Constitutional option" favored by Dem reformers. The deal is contingent on whether rank-and-file Senators in both parties support it, and leaders on both sides are presenting the idea to their caucuses this afternoon.

What this means: It's that much less likely that the more ambitious reform plan favored by Senators Jeff Merkley, Tom Harkin and Tom Udall will become reality. Those reformers had hoped to use the Constitutional option -- passing a rules change on the first day of the new Congress by simple majority -- because it would enable passage with the support of only 51 Senators, meaning it could be passed by Democrats alone.

Instead, Reid, Schumer, McConnell and Alexander, who have been negotiating filibuster reform in recent days, tenatively agreed not to go this route, aides say. They are hoping instead to reach some kind of bipartisan agreement on a scaled down package, which is likely to include a ban on secret holds and a streamlining of the nominations process. But it would likely not include two other key provisions reformers want: The provision forcing Senators to actually filibuster, and the ban on filibusters of "motions to proceed," i.e., the ban on filibustering efforts to bring bills to the floor for debate.

An important caveat: One reason Dem leaders are leaning in this direction is that they don't believe the more ambitious reform package even can secure the support of 51 Senate Democrats. A top aide to a Senator who favors ambitious reform told Sam Stein today that the votes just aren't there. Still, liberal Dems want the leadership to press forward with the Constitutional option anyway and force a vote on it. But they may well be disappointed.

(Emphasis mine.)

[northoftheborder]

1. This is not good enough.

[Davis_X_Machina]

2. I'm so old...

...I remember when Chris Dodd was a hero on these boards for filibustering the telco immunity amendment to the FISA statute, and when Russ Feingold was a hero for filibustering renewal of the PATRIOT Act.

Oh, wait, that was only 5 years ago....

[Teaser]

3. so?

they could still filibuster under these reforms. It would be even more heroic if it were sustained, because it WOULD BE HARD.

[karynnj]

6. Not too hard - and it would make great CSPAN watching

In both cases, there were at least a dozen Democrats on our side. Senators LIKE talking and many could easily do so for long periods of time.

In fact, watch the floor leaders on most bills. They will use part of their sides time to counter everything by the people opposing it - often spending hours on the floor. ( Go back to December on CSPAN and watch Kerry taking on several Republicans on the START treaty.)

[karynnj]

5. You forget Kerry and Kennedy begging Democrats to filibuster Alito

I think the compromise will get rid of a small portion of the really bad things - like secret holds. I agree with you that there is something to be said for allowing the majority to filibuster. I just wish that they could have eliminated the filibuster to bring something to the floor. That was used just to slow things down in some cases. That would leave the need to get cloture before going to a vote after the debate.

I always remember Kerry comment that on something like a lifetime appointment that would shift the court far to the right and it was the minority's only tool to stop something. There is merit to that - even as there are downsides. I always thought that if it was used cavalierly that the country would punish the party doing so - but, as we saw, that did not happen.

[Orangepeel]

4. In the short term, only nominations are important

As no bills worth passing will be getting through the house for at least two years. After that, it may well be Republican senators who move to limit the power of the minority to obstruct.