Boring Crap I Suppose, But I Love It

The bipartisan agreement on what is being called filibuster reform in the Senate does have some good aspects, but it is mostly related to Senate procedure. Some aspects are only applicable until the end of this Congress in two years and some are "permanent." The whole process is a reminder of what a conservative institution the Senate is, regardless of which party is in control.

It sounds like it will speed up the confirmation process for federal judges, of which a record number are currently blocked, and it will apparently eliminate the ability of a single Senator to place secret holds on legislation and/or nominees. It will also put a process in place that makes it easier for the minority party to offer amendments, a particular complaint of Republicans.

I don't have any problems with the fact that the Senate is a slower and, at least theoretically, more deliberative body. Who wants a Senate like the House? Another staged vote to repeal Obamacare, anybody? What's the latest count? Thirty-some or forty-some? But there are two aspects of sensible filibuster reform which these rules don't touch, and which I think could have been included even by a conservative body.

It will still not be necessary for filibustering Senators to actually be on the floor talking. And more importantly, the onus for ending a filibuster still lies with the majority party. Instead of the majority party needing 60 votes to end a filibuster, true reform would have required the minority party that is using the filibuster to have 41 votes on the floor to enable it to continue whenever a closure vote is called. The filibuster is a legitimate tool of the minority party; the onus for keeping it going (and thwarting the will of the majority) should be placed on that minority. And I think the Democrats should have taken the position that they know the majority party can be the minority party in just one election, but this is a rule change that is right whichever position they are in.

Reportedly, if the Republicans did not agree to this current compromise, which they did overwhelmingly, Harry Reid and the Democrats were ready to use an obscure Senate rule to change the filibuster rules of the Senate with only 51 votes. Reid was on record as saying that, if it came to that, the so-called nuclear option, they would change rules to put the onus on the minority.

It was clear the Democrats didn't want to do that any more than did the Republicans and I'm sure there were sighs of relief on the Democratic side that McConnell didn't call Reid's bluff on the matter.