How Harry Reid And Mitch McConnell Could Upend Filibuster Reform

[dtotire]

How Harry Reid And Mitch McConnell Could Upend Filibuster Reform
Brian Beutler | December 30, 2010, 12:10PM

A handful of junior Democrats, including Sens. Tom Udall (D-NM) and Jeff Merkley (D-OR), have done an impressive job building momentum for a package of modest, but meaningful, changes to the Senate's filibuster rules. But their plan could be completely upended and replaced by even more modest reforms, if Democratic and Republican leaders successfully negotiate a bipartisan rules reform compromise.

In a phone interview with me Wednesday, Udall described negotiations between Senate Majority Leader Harry Reid, Minority Leader Mitch McConnell, and Sens. Chuck Schumer (D-NY) and Lamar Alexander (R-TN) as a "separate track" from his own efforts.

A Senate Democratic aide confirms that those discussions are ongoing, and haven't yet yielded consensus. But if they do, that consensus would serve as a stand-in for Udall's approach, not as an endorsement of it, as previous reporting has suggested.

"I'm not privy to those conversations," Udall said.

Here's how this dynamic evolved. Udall along with several freshman Democrats, and even some senior Dems like Tom Harkin, have been making the case -- and building support -- for rules reform for many months. Their efforts have been successful enough to get just about every Democrat in the caucus on board with the idea of some kind of rules reform. All but one of them -- retiring Sen. Chris Dodd (D-CT) -- signed a letter to Reid endorsing the idea, citing unprecedented GOP obstruction.

But there isn't party-wide agreement on what should be reformed, or how extensive the changes should be.

That gave Reid the balance of power in this debate. Armed with the letter, and with the fact that the filibuster can be reformed on a majority-rules basis at the beginning of each Congress, he can get Republicans to negotiate under the credible threat that he and the Dems could go it alone, and change the rules more dramatically.

So how much of their own power are Republicans willing to part with? Not much.

If this New York Times article is any indication, "Republicans would resist any changes involving the initial 'motion to proceed.'" That is, Republicans want to maintain the right to veto simply debating a piece of legislation.

But that's one of the three flanks of Udall's plan. The other two would ban the practice of placing secret holds on legislation and nominations, and resuscitate the "talking filibuster".

The Reid-McConnell talks are closely held, and there's no word yet on the exact contours of the negotiations.

"It is unfortunate that Senate Republicans have time and time again abused Senate rules to slow or stop us from working on behalf of the American people," said Reid spokeswoman Regan LaChapelle. "Senator Reid understands the concerns of Senators and the American people about the ability for a small minority of the minority to prevent the Senate from legislating. This is an issue that Senator Reid will continue to look at, and he will continue to call on Republicans to work with us to strengthen our economy, create jobs and protect middle class families."

One interesting dynamic here is that the leaders -- and therefore more senior senators -- of both parties enjoy greater power under the current system, which gives them a mutual interest in not letting the less senior senators driving reform push things too far. Separately Democrats have a near-term political interest in reaching accord with the GOP to avoid the appearance of a partisan power grab.

This is being sorted out so privately that, as the days tick down until January 5, even reform advocates don't know where things stand. Which means they might end up being very disappointed come January 6.

http://tpmdc.talkingpointsmemo.com/2010/12/how-harry-reid-and-mitch-mcconnell-could-upend-filibuster-reform.php

[NV Whino]

1. I have no doubt we will be disappointed Jan 6

Harry needs to grab the ball and runoff he wants to accomplish anything in the coming two years. If he hasn't learned these last two years that bipartisanship does not work, I don't know what to tell him.

[Demeter]

2. Harry Reid? Are We Talking About the Same Person?

:rofl:

[sallyseven]

5. Harry Reid forgot more than a good number

of Du's will ever know. He beat the tea bagger by s lot of votes. Don't underestimate his ability. I am tired of the silliness that is emerging on this forum. It is very certain that most of the DU's need a fact check. Obama and the dems cannot catch a break considering the demands that you purport to make. This is a democracy and everyone has a voice.

[Demeter]

6. Harry Reid did a Lot Less Than Possible

and the pattern will continue. The only time he exerted himself was when he was facing personal defeat.

[awoke_in_2003]

8. +1000. nt

[awoke_in_2003]

7. I don't question his ability...

I question his will.

[earthside]

3. It is the whole deal.

Whatever the behind the scenes machinations, if Senate Democrats don't manage to reform the filibuster and restore majority rule in that body -- then the game is already over for 2012.

With 60 votes needed on a 'motion to proceed' the Repuglicans get all the advantage of saying 'no' without the responsibility of going on the record with a vote. So, it is the Democrats who look like they can't get anything done.

So, if Reid doesn't get this reform done, well, get ready for a Repuglican Senate and President starting in January 2013.

[bemildred]

4. Not "could", but "will".

Things are arranged the way they are for good reasons. Reasons that will not bear the light of day, true, but good ones. Things are presently arranged so that it is easy for party leadership to fix outcomes, to stall when they want to stall, and to sneak legislation through when they want to sneak it through. That will not be dispensed with willingly.