Thursday, February 11, 2010

Filibuster Futility

Democrats in the Senate are finally trying to tackle filibuster reform with a new measure from Sens. Tom Harkin and Jeanne Shaheen.  Steve Benen:
If approved, the measure would not do away with extended debate altogether. Harkin proposes a new procedural model: the first go-around, the minority could demand a 60-vote majority, as is the case now. But if 60 votes aren't there to end debate, a week or so later, 57 votes could bring the bill to the floor for a vote. If 57 votes aren't there, it drops again and again, and after a month or so, a bare majority could approve cloture.

Does Harkin/Shaheen stand much of a chance? It's best to keep expectations low -- it would take 67 votes to approve Harkin's measure, which makes it extremely unlikely that this will succeed. But I can't wait to see what kind of support this generates, and exactly who does (and does not) sign on as co-sponsors.

Also note, the existence of the legislation creates an opportunity for a larger public debate. Most of the public assumes that if a majority of the House, a majority of the Senate, and the White House all support a piece of legislation, the bill becomes law -- unaware of the fact that this is no longer the case. The more attention Harkin/Shaheen gets, the better the chance of informing the public.

Likewise, the public also doesn't realize that abuse has gotten completely out of control -- from 1949 to 1970, there were 30 cloture votes. In just 2009, there were 39. That's insane.
What's insane is that the Dems are trying this when all 41 Republicans will say no and kill this measure  It's fultile. Steve thinks it will help to draw attention to the optics of the filibuster itself:
My suggestion to Harkin's office is to come up with a helpful frame for the debate. I recommend: "restoration of majority rule." When a bill reaches the Senate floor, they should count up the "yea" votes, count up the "nea" votes, and the bigger total wins. This is the way the Senate was designed to operate; this is the way the Senate used to operate.
Republicans will in turn play the fascism card.  It'll be held up as the only way America has in order to stop the tyranny of the Democrats and King Obama.

It's a nice plan.  It will fail.  The best part will be the Village idiots clucking and fainting that the Dems are not giving their GOP betters the means to block any and all legislation.  That will mean a backlash from Dems against this measure too.  It'll fail   Evan F'ckin Bayh, Joe F'ckin Lieberman, Ben Nelson, etc will all hate this.  It'll fail 80-20 easy.

In the end, this won't matter at all.  It's futile.

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