Associated Press
The good news for proponents of improving the Senate's dysfunctional rules is that Senate Majority Leader Harry Reid (D-Nev.) and Minority Leader Mitch McConnell (R-Ky.) struck an agreement that will bring new reforms to the chamber. The bad news is, these reforms are modest, narrow, and leave most of the Senate's most glaring flaws untouched.
Ryan Grim and Sam Stein have the scoop this morning.
The pressure from the liberal senators, led by Oregon Democrat Jeff Merkley and backed by a major coalition of progressive groups, created the political space for Reid to cut the deal with McConnell, which does include changes to how the Senate operates, but leaves a fundamental feature, the silent filibuster, in place.
The problem is not that the apparent agreement includes misguided reforms, but rather, that these reforms simply don't go far enough. The provisions reached in this deal have real merit, but so do other proposals that will have to wait for another day (and another Congress).
For example, what happened to the "talking filibuster" sought by many reform advocates? As expected, it's not part of the deal. Grim and Stein note, however, a related change: "First, senators who wish to object or threaten a filibuster must actually come to the floor to do so. And second, the two leaders will make sure that debate time post-cloture is actually used in debate. If senators seeking to slow down business simply put in quorum calls to delay action, the Senate will go live, force votes to produce a quorum, and otherwise work to make sure senators actually show up and debate."
Of course, the "talking filibuster" isn't the only proposed change that was left on the negotiating-room floor. Reform-minded Democrats also wanted to change filibuster procedure to force the minority to produce 41 votes to block action on a bill or nomination, as opposed to forcing the majority to produce 60 votes. That was scuttled, too.
But there are some improvements that will make the chamber at least somewhat more efficient.
For example, filibusters on motions to proceed -- demanding unlimited debate on whether to have a debate -- have always been the hardest thing for obstructionists to defend, and they will be largely eliminated going forward.
Similarly, post-cloture delays on district court nominees will be curtailed -- under the current rules, after a filibuster on a district court nominee is defeated, the minority could bring the chamber to a halt for 30 hours, but under the new reforms, it's just two hours. (Update: for sub-cabinet nominees, it's eight hours, and for cabinet and appeals court nominees, it's still 30.)
When I talked to some Democratic staffers on the Hill, they seemed eager to defend these changes, and I'll gladly concede something is better than nothing. I can remember plenty of times in the last four years in which Reid would bring an uncontroversial judicial nominee to the floor and the confirmation process would take four or five days -- Republicans just wanted to run the clock, stopping the Senate from working on something else, even on nominees they intended to support. Often, Reid just wouldn't bother bringing up nominees at all, because he couldn't afford to kill a whole legislative week for one judge.
This new agreement will largely prevent this from happening, and I'm glad.
But filibuster abuses have broken the Senate, and this deal barely touches filibuster rules at all. Republicans will still demand mandatory supermajorities to pass every bill of any consequence, which is an untenable system -- the Senate wasn't designed to work this way, for generations it didn't work this way, and as has become obvious, it can't work this way.
And yet, that status quo remains unaffected.
There will be ample discussion over why Reid chose this narrow path, as opposed to forcing sweeping reforms through the "constitutional option" (or "nuclear option") he'd already threatened to use, and at this point, we don't know exactly why the Majority Leader didn't pull the trigger. It's possible he just didn't want to deal with the likely fallout, in the form of GOP apoplexy, and it's possible reformers didn't have quite as many votes as they'd hoped.
Either way, I should also note that incremental steps forward can in time lead to more meaningful change. The effort to reform the Senate's dysfunction drew more attention in recent months than it's ever generated before, and more Americans are now engaged on a procedural issue that, in the very recent past, was invisible to the mainstream. I'd like to think senators and Senate candidates will start to be asked about their opinions on reform in future primaries and elections, too.
There is, in other words, a growing public appetite for improving the broken Senate. Here's hoping today's small step is the first of many more in the near future.
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Reince Pribus saying come tell us how to make the Republican Party better is like saying come tell us how to screw you over better for us and the rich bastards. This just can’t get any more ridiculous. These sick bastards just keep it up with their literal bull crap.
Now Politician's crying oooohhhh boooo woooo how is it now people listen to people of no credibility, especially when we took years to build ours up. Are these politicians that stupid?
It's not as big as some think. The real impediment is the House Republicans. The Senate found a way to pass the VAWA, the Farm Bill, and Sandy Aid. Of course it would be better if we eliminated the fillibuster altogether this session, but remember we would have had Bork on the Supreme Court if it did not exist.
To believe that, one would have to believe the idea that GOP senators would treat Dems with equal respect when they are in power.
What is wrong with this picture? I tell you what. It's magical thinking to pray and hope that if the GOP takes control of the Senate they won't power grab as they have in all the state legislatures, and already have demonstrated a willingness to do in 2005 (article).
John: I don't think the Republicans would play fair at all if they grab control of the Senate. They would run into the same problems Harry Reid did, an ununified caucus and unwillingness of the old guard to change. Nowadays millions more people know what a fillibuster is roughly, so hopefully it won't be as easy to get away with the naked obstruction this Congress.
A perfect example of DEM magical thinking. They would never do it! They will have a difficult time delivering party line votes!
Nonsense. Malarky. Or as RM puts it.
Bullpucky. The only reason why the 2005 GOP power grab didn't happen was the Gang of 14 moderates in the Senate. Look at the list. Almost all of them are gone.
John: I said I did not think they would play fair, and there would be a chance they could pull off a coup and end the fillibuster. No matter what you may say or post, Harry Reid did not have 51 votes for the talking fillibuster. If he did, you think Sen. Merckley would not be on a soapbox? Who exactly is guilty of "magical thinking"...
That is chickensh*t politics.
You are one to preplay the game. As Pelosi proved with Health Care, you don't talk yourself into defeat. You make the other side prove they have the votes. As Suskind demonstrated in his book Confidence Men- Pelosi was right, and Emmanuel was wrong. He counselled the President the votes weren't there, and let it die rather than force a vote and demonstrate he didn't have the power.
This is not just Tiny Reform, it is zero reform. Reread that Mojo article, because it has important updates about how ludicrous this agreement with McConnnel is.
Almost nothing. After 2010-2011 fiascos in the Senate, this is utterly stupid on Reid's part. With fillibusters blown away in the Senate it was at least plausible to get something on the House floor bypassing Boehner via petition.
Now- it means the legislative process will be even more dysfunctional.
It's over folks- pack up and go home. Nothing will happen out of this Congress, no matter how effective Organizing for Action is putting pressure on Congress. Harry just made the effort pointless.
For what Harry. For what. The worst worst Dem Senate leader ever.
sorry Lebowsky
And It comes down to the basics of democracy actually working , we vote for a majority to rule , not for a minority to shut everything down , whether it is dems or gop agenda getting 50+ votes
having to come up with 60 or 67 is a dysfunctional joke , wall st / corporate america can always buy 6 or 7 + to boot , and shut everything down , the rules AS IS just saves them money , and gives cover to the sell outs is all
even with a 51/49 game , honest democracy in near impossible at this point , but at least it had 1/2 a breathing chance , our wall st american government is a joke and an embarrassment , internationally and home grown
The Dude is lame. Pretty much the essence of the get-in-line Democrat who never really feels the need to push his spineless party to do better than continually bend over for Republicans to do what they wish.
Get a load of this:
Seriously. Republicans in the states are moving on apportioning electoral votes so that, even with the same vote results in the last election, Mitt Romney would be President while Senate Democrats won't even make it so that the winner, Obama, can get his judicial and Cabinet nominations through. And this mush-brained Useless Democrat thinks Republicans like James Inhofe, Mitch McConnell, etc. will find it difficult to hide behind the naked obstruction offered to them with holds, etc. SMMFDH.
Disgusted: There you go with the personal insults again... I respect the rules and other Maddowblog users, so I will refrain from voicing my opinion of you. You are a good example of someone who feels they are above the rules, and that is nothing to be proud of...
You messed your diaper over being called lame and a mush-brained Useless Democrat? Well then, I think I got it right. They only follow from your positions.
Disgusted: Actually your insults are about sixth grade level, you would have to jump up to at least high school to endanger my depends.
Reid folds again!
So for the next two years we're going to continue to hear complaints.
WHY is he so thick headed?
It's way past time for him to step aside.
Not necessarily too old, just too mushy.
As of right now Harry Reid will be forever refereed to as Sen. Lawn chair!
The man has the political strength of an empty aluminum can!!!
Here's Harry's telephone no:
http://www.reid.senate.gov/contact/index.cfm
Tell him what you think of him and the gutless pieces of shhit that are the Democratic party.
It's pretty bad when a former boxer like Reid lets a polio victim like McConnell repeatedly intimidate him and punch him in the mouth. What else would you expect from a Democrat, though.
Here's Harry's telephone no:
http://www.reid.senate.gov/contact/index.cfm
Tell him what you think of him and the gutless pieces of shhit that are the Democratic party.
It's pretty bad when a former boxer like Reid lets a polio victim like McConnell repeatedly intimidate him and punch him in the mouth. What else would you expect from a Democrat, though.
It's time for Reid to go. Yes, we need a leader who can pull together coalitions and has a pragmatic side, but he has been a lousy leader. Sen. Reid, at some point, you have to stand for something.
Reid believes McConnell again. What BS. Someone tell me why the DEMS believe the GOP will in a fair, reciprocal manner play by the same rules when they are in power. Look at Virginia. Once the GOP is in control, they will blow away the fillibuster.
Reid has re=endorsed the idea that the Senate is a supermajority body.
When Reid was re-elected, as majority leader, it was all over. But Schumer would have done no differently, nor would the third in line, Durbin. Until Patty Murray is in control of the Senate, it will be more of the same old boy network of Senators more interested in their power than in advancing the progressive agenda.
[Dems spectacularly face plant. Again.]
John has it right. The Democrats have too many like Schumer, Durbin, Landrieu, and Manchin. Democrats are diverse, they don't go lock-step like Republicans routinely do, so to expect them to all favor radically changing things is not realistic. There was not 51 votes for the talking fillibuster in the Senate, but this is a foot in the door.
In all fairness (if their is such a thing in this debate), I want Harrry Reid to STAND IN FRONT OF THE PUBLIC AND SAY WHY HE DECIDED TO USE THIS MECHANISM (nothing) AS OPPOSED TO THOSE REFORMS THAT HAD MORE TEETH, I am truly disappointed but, then again, I do not know the games of of Politics.
Games it must be. It is just to simple to vote and fix the problem. But we do know this, what ever he says he will do, he really won't. They won't get my money any more!
Boy for someone who knew what he was doing as a young man, Harry Reid has forgotten how to duck and parry in his effort to box his way to victory!
Harry, you did indeed disappoint! -Kevo
Really the only hope for reform of senate function is for the electorate to vote the obstructionists out of office! Voter apathy, the visceral distaste for any and all politicians which effectively discourages the average Joe from even being aware of the controversy, is the biggest enemy of a functioning senate. Good on Obama for working so hard to re-engage the electorate.
The electorate must engage and force all our representatives to do their jobs and not play games. If we cannot vote the obstructionists out of office -- and we will not have that opportunity until 2014 or even later for some senators -- we can still keep their switchboards and twitter feeds busy until they act like responsible and reasonable adults. It is time consuming and a nuisance, but it is the price we pay for representative government.
I get tired of signing online petitions and writing or calling my representatives, but it is my responsibility to see to it that they represent me and not just the high paid lobbyists.
And the media must see to it that those who are doing the obstructing are exposed to the public.
Daz, we can't vote the obstructionists out due to the GOPs gerrymandering. Karl Rove said they'd work for and predicted a "permanent Republican majority" and it is coming to pass. We're just screwed...
Senate seats can't be gerrymandered because they are state wide elections but considering that we are seeing lots of voter suppression and weird electoral schemes coming out of Red States and Swing States I wouldn't be at all surprised if they can't think up some way of monkey-wrenching that too.
I get tired of signing online petitions and writing or calling my representatives, but it is my responsibility to see to it that they represent me and not just the high paid lobbyists.
Same here. I have come to think after 30 years of I see all this as a waste of time.
..and to think that Nevada rejected 6 years of loony hilarity from Sharon Angle for uncle fuzzy-bunny!
So the silent filibuster lives on. Just when I thought the Senate Democrats might actually behave like they won the election. Way to go guys. Once again they prove they care more about being members of the "club" than they do about the country.
Yes, will be same ol same ol. It all just feels so hopeless.
I'm am so disappointed
Reid did not want to make major reforms because he is looking at the elections in 2014 when Dems could be in the minority. But this will all come back and bite him if the Republicans win and they reform the filibuster rules to prevent Dems from doing what Republicans have done and will do in the future. Reid should be more sensitive to the public opinion rather than the minority party's objections particularly since public approval of Congress is so low. If the Senate continues on its current path of getting little or nothing done, Dems will get blamed and join the House Republicans in single digit approval.
I am reminded of an exclusive club I belonged to as a young man. It was housed in a tree in my friends back yard, and had a sign "No Girlz Allowd".
I've always thought that the "talking filibuster" was but so much theater (bordering on circus), so I don't mind it getting lost in the shuffle. The current version should be as good for dragging the SOBs out of the shadows but without waste of as much time. But the reversal of the numbers needed for filibuster to be put in place (41 to stop, instead of 60 to move) was a very good idea and I'm very sorry to see it ending on the cutting floor.
Obviously, for all his expressed frustration with the state of the Senate, Reid wasn't as bothered as all that. Or else, he still thinks that a silk purse can be made out of a sow's ear, and that the GOPers will suffer a sudden rush of responsibility, common sense, etc. Don't know whether it's his memory or his understanding that's come up short.
The point of the "talking" filibuster is that it requires actual participation by senators in the debate process. It was originally designed to be used in the rare circumstance of the minority making the effort to effectually change votes.
The next generation filibuster we now see if its fully-operational state has effectively shut down productivity on any measures without strong bipartisan support.
One can argue whether the filibuster should exist at all, but it is irrefutably evident that the "silent" version is nothing but a vehicle for allowing the minority to overrule the majority at will.
I didn't realize that shifting the burden to the minority to sustain a filibuster was on the table.
Someone's been reading Mann and Ornstein. Good for them.
Harry Reid, fooled twice now.
Harry had his moment and did not come through. For the next 2 years Mitch and the boys will laugh this off and obstruct.
Every time the GOP calls for a filibuster, I want a daily call for a vote. Make them show up and do it over and over again.
Very disappointed.
So American democracy will continue to be a laughing stock and the Voters of America will continue to be screwed - now, it seems, from both sides !
Many democrats feel betrayed by Reid, and he may very well face their displeasure if they start shouting for a new majority leader to take his place......
They all suck.
The senate is piloted, and peopled by old, white men, old privileged white men.
This ensures that the president will be a lame duck, beginning now.
This time Harry sucks. He can song and dance it all he wants but there is basically no difference from the last four years. Republicans have been given a gift and they will damn sure use it. Reid of all people should know how republicans honor agreements. The silent filabuster is like having a secret ballot on every vote that comes before the senate. The public would'nt know who voted for or against. This hush hush bullsh!t should have been stopped before it started again. This time Harry groveled at Mcconnell's feet and voters may not forgive him for it. Maybe I'm being harsh but this really pi$$es me off.
Simply put, this is messed up. 'Nuff said.
We really need to get rid of the old dinasoars in Congress, these two included. Unfortunately, the young'ns are even worse! I am still waiting to see which of them truly loves our country and wants to get along.
Typical. For years the GOP has brought the country to a complete standstill, but, hey, the honorable gentlemen prefer rules that still lets the minority bring the country to a complete standstill. Hey, good old boys, how about jobs? Pffffffffft.
Reid's got to go; poor leadership, weak, who said he was a fighter? Maybe he SHOULD have lost the last election
This "pisses me off." Shame on you Harry Reid. Democrats deserve a better representative than what you have just given us on this.
Would anybody like to take a stab at what Republicans will do with the filibuster rule after they use it to win back the majority in the Senate? The filibusrter rule was meant to allow the minority party to have ample voice in legislative matters, not to shut down the Senate Chamber completely. What the McConnell lead Republicans are doing in the Senate is wrong on all levels, and it is damn frustrating that the Democrats cannot stop them.
Why does Harry Reid always allow Mitch McConnell to roll over him like a steamroller?
To answer: Reid doesn't have a spine so when he gets run over he doesn't feel anything, let alone know what just happened to him. He just squishes from side to side and gets up to whine again why did someone run over him for.
And the most amazing thing is, WE pay these bozos exorbitant salaries to negotiate with each other in a game where they are the only winners!
I feel completely and thoroughly betrayed. There's no justification for this behavior on Reid's part. None of it makes any sense. It's enough to make people even more cynical than ever before about the state of our House and Senate leadership. Very upsetting!
Read my lips.