Status Quo, Everyone!

In one of the great surprises of the era, meaningful filibuster reform is going nowhere and Ezra Klein reports that:

…this process kicked off because Democrats were furious at Republican abuse of the filibuster. It’s ended with Democrats and Republicans agreeing that the filibuster is here to stay.[…] Both parties are more committed to being able to obstruct than they are to being able to govern. That fundamental preference, as much as any particular rule, is why the Senate is dysfunctional.

Indeed. Under the agreement we do get a few nice things, in that secret holds will apparently go away, there’s a big cut in the total number of appointees that the Senate must approve, and there will be no more of this “read the bill” nonsense.

Anyone that believes that the next time the GOP has the Senate and the Presidency and but also lacks a 61 vote majority, whether or not McConnell himself is still around and running the GOP Senate, that they won’t instantly eliminate the filibuster using a simple majority vote at the start of a new Congress is smoking something. And nary a peep will be made on that day about today’s “agreement.” That would be shrill.

It would do nothing to the august nature of the Senate to require actual debate take place to uphold a filibuster, and furthermore to put the onus of that continuing operation on the minority. Instead, we punish the majority, and often times the vast majority, on whom today rests the need to fight off constant quorum calls and schedule the entire legislative year around various “marination” periods that automatically and interminably ensue any time any actual action starts to happen. It is just incredible that this malignant process, one that arose by chance and error in the first place, was deemed “too good to do away with.”

Incredible, but all too indicative of the era.

Status Quo, Everyone!

And this is precisely why the Senate should have no other business until the debt ceiling vote. Alright, who wants to vote against the liver? Anyone against the liver? Next, the kidney. One or a pair? How about one lung, one kidney? Can we agree on that civilly?

You can’t jam a major arms control treaty right before Christmas. What’s going on here is just wrong. This is the most sacred holiday for Christians.

Senator Jim DeMint (R-S.C.), explaining his highly principled opposition to NewSTART. Which I still think is most likely a dead letter. And, frankly, now that I know The Lord has come out categorically agin it, well, I fear for ‘Merica. Somebody get Pat Robertson on the horn.

Mitch McConnell, Earmark Opposer

Mitch McConnell plans to filibuster an omnibus spending bill because of the earmarks larded onto it. Worth noting that he personally added several of these earmarks to the bill. Your 2010 GOP, staunch earmark opponents as recently as a week ago:

the legislation includes provisions requested this year by McConnell, including $650,000 for a genetic technology center at the University of Kentucky, according to an analysis of the bill by Taxpayers for Common Sense, a nonpartisan watchdog.

[…]

But McConnell, like other new earmark opponents, stopped short of asking for his projects to be removed from the bill.

Rest assured, we shall never speak of this again. Or now, really. Just forget any of this happened.

Mitch McConnell, Earmark Opposer

I really think Senate Democrats should consider taking advantage of their critical numerical advantage in terms of Jewish Senators and just hold a “no Christians invited” special Christmas Day session. In the all-Jewish Senate, Chuck Schumer is the median member. Joe Lieberman, the most conservative Jewish Senator, is the median in the real Senate.

Matt Yglesias. Everyone can go for Chinese. Think of the comity. And the lack of labels.

The Numbering Shall Be Eight

Ezra Klein relates that an array of left-leaning interest groups have signed onto a letter spelling out an eight point description of what the Senate should be doing on the first day of the next Congress:

  1. On the first legislative day of a new Congress, the Senate may, by majority vote, end a filibuster on a rules change and adopt new rules.
  2. There should only be one opportunity to filibuster any given measure or nomination, so motions to proceed and motions to refer to conference should not be subject to filibuster.
  3. Secret “holds” should be eliminated.
  4. The amount of delay time after cloture is invoked on a bill should be reduced.
  5. There should be no post-cloture debate on nominations.
  6. Instead of requiring that those seeking to break a filibuster muster a specified number of votes, the burden should be shifted to require those filibustering to produce a specified number of votes to continue the filibuster.
  7. Those waging a filibuster should be required to continuously hold the floor and debate.
  8. Once all Senators have had a reasonable opportunity to express their views, every measure or nomination should be brought to a yes or no vote in a timely manner.

I’d only say that the amount of delay on a cloture motion should be reduced all the way to zero: you fail to produce people on the floor 24/7 then regular order begins immediately; no waiting, no marinating, no anything. Put up or shut up. Same goes for “reasonable opportunity” in point eight. Spell that out and ratchet up the required population of Senators needed to uphold the filibuster; cap it with a very brief interregnum between filibuster-broken and vote-held: as in less than one legislative day. Otherwise, I agree completely.

Perhaps the involvement of these non-dirty-fucking-hippy interest groups combined with the letter from the opposition (in which the GOP duly promised to filibuster everything forever; and if you think they’ll stop once the millionaire tax giveaway is sealed, you really are out there on drugs) will in some way nudge the feckless idiots that run the Senate into doing something. I doubt it, but stranger things have happened.

Filibuster Reform

Democrats have exactly two chances to see filibuster reform: The first comes in a few weeks, when they can reform it in any way they see fit and pass said reforms with a simple majority; preserve what they think is good, eliminate the parts they think are choking the system currently. The linked proposal is the best I’ve seen, really. It preserves the notion of unlimited debate but makes it punishing for the minority to keep the debate going: they have to have more and more members on the floor as the debate extends. This setup would work perfectly well if you were, say, defending Social Security; not so well if you were throwing a one-Senator temper tantrum and secretly holding all nominees…there’s simply no way you’d reach the ratcheting floor requirement in the absence of a truly objectionable nominee or bill, so why even bother. And it removes the ridiculous current requirement that the majority be there 24/7 to defeat repeated quorum calls by the sole minority Senator who needs to be there to push the debate ever onward. Likewise you’d lose the foolish “marinating” process that the GOP deftly uses to extend debate without actually, you know, extending debates.

The second “chance” at altering filibuster rules comes the instant the GOP next is in control of the Senate, maybe as soon as 2012. The filibuster will be the first thing they eliminate. And eliminate it they will, at least for Democrats.

Filibuster Reform

…granting ad arguendum that the 111th Congress engaged in liberal overreach, which Senators who win today would have lost had the Affordable Care Act included a public option linked to Medicare? The answer seems to me to be nobody. Which Senators who win today would have lost had the 111th Congress passed a cap-and-trade plan through reconciliation? Here, it looks like Patty Murray. Would a “scaled back” health care plan have saved Blance Lincoln? Clearly not.

Matt Yglesias makes a point that far too few will. They fail not because of some mythical “liberal overreach” (which really translates into “not enacting a GOP-approved slate of policies”) but because they operate from such a terrified, defensive crouch that every policy that emerges seems horribly compromised in some respect.
I’ve said all along that even one signature policy plus a bunch of spectacular failures at the hand of GOP obstruction is better than a whole passel of half-measures and partial, piecemeal victories that each require 25 minutes of explanation every time they’re brought up, and, of course, that most of the party ultimately just runs away from anyway.
For the thousandth time: It is better to be strong and wrong than weak and right. Maybe we’ll learn that over the next two years. Maybe not.

So that’s what we want is a secure and sovereign nation and, you know, I don’t know that all of you are Latino. Some of you look a little more Asian to me. I don’t know that. What we know, what we know about ourselves is that we are a melting pot in this country. My grandchildren are evidence of that. I’m evidence of that. I’ve been called the first Asian legislator in our Nevada State Assembly.

Sharon Angle, Republican candidate for Senate from Nevada, addresses the Hispanic Student Union. You can see why she’s proving to be such a dynamic candidate.

What is difficult to overlook is her record of being totally ineffective as a four-term assemblywomen, her inability or unwillingness to work with others, even within her own party, and her extreme positions on issues such as Medicare, social security, education, veterans affairs and many others.

Nevada Senate Minority Leader Bill Raggio ®, in his endorsement of Harry Reid over Sharron Angle. Curious. Honestly don’t know if this helps or hurts a candidate such as Angle. I know Reid can’t mind it, though.