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Damned if They Do, Damned if They Don't? Dems Ponder a Filibuster-Proof Climate Bill

We first flagged this for you last week, but Democrats are facing a perilous choice on climate change this year: whether to tackle carbon emissions under "budget reconciliation" rules, which would shield the legislation from an all-but-assured GOP filibuster.

As the WSJ notes this morning, however, the argument for using reconciliation on climate change is as much due to opposition from Democrats as it is from Republicans. Senators from red-state centrist Max Baucus (D-MT) to rust-belt liberal Sherrod Brown (D-OH) are on record as unconvinced of the merits of cap-and-trade, so setting a 50-vote rather than 60-vote margin for passage is likely to make the difference between passing a bill and doing nothing.

The Senate environment committee's chairman, Barbara Boxer (D-CA), told TPMDC earlier this week that she's considering the reconciliation route, and a spokesman for Senate Majority Leader Harry Reid (D-NV) told the WSJ that a final decision was "weeks" away.

But prominent GOP supporters of action on climate change, including John McCain (AZ) and Olympia Snowe (ME), have said that using reconciliation on the issue could torpedo climate change's prospects outright. Are Democrats damned if they do and damned if they don't? Stay tuned ...


34 Comments

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As long as they can get 50 Democratic votes, those "prominent GOP supporters" can go pound sand.

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are there enough gop supporters to go for 60?

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Does every bill automatically get filibustered if it doesn't get 60 votes?

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Only when Democrats are in the majority. Go figure.

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Actually the first filibuster was by Democrats in 1841, the most famous (or infamous) one was by Democrats in the 60's to block the Civil Rights Act of 1964. I think y'all have a proud tradition of obstructionism. Don't sell yourself short.

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Filibusters exist only in old Jimmy Stewart movies. In reality, bills aren't "filibustered". EVERY bill has to have a cloture motion to end debate and move on to a vote. EVERY bill. Cloture motions require 60 votes to pass.

All the yammering about "making them actually filibuster" only serves to display people's ignorance of how the Senate actually works.

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I hesitate to speak for Walter, but I don't think that's what he was talking about. He was talking
about Reid's constant excuses that he can't pass such-and-such bill because "we don't have 60 votes". The filibuster was never intended as a way to ROUTINELY require a supermajority to pass every bill; the Republicans have abused it unmercifully to turn it into that, with a disgraceful lack of pushback from the Democrats (who should have threatened to end it altogether if Republicans wouldn't agree to stop the abuse.)

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There's no question that the R's have abused this, but cloture rules weren't just invented, and they do serve a useful purpose. Think twice about ending the practice, for we may find ourselves in the minority again some day.

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We hardly used it when we were in the minority. Over time, the overwhelmingly preponderant effect of it is to block progressive legislation. We'd be far better off without it.

Be that as it may, if it's to stay, then the rampant abuse MUST be curbed. And that can only be done via a credible threat of eliminating it altogether. Of course, we'll need a vertebrate Majority Leader for that...

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"We hardly used it when we were in the minority."

That's simply false. Every bill has to have a cloture vote. Every one. That was true when the Dems were in the minority as well. It's just that there are more conservative Dems who often vote with Republicans than there are liberal Republicans who vote with the Dems, which makes it easier for Republicans to get cloture votes.

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You just repeated what I said in different words: very little of significance actually got blocked by filibusters when Dems were in the minority. You simply cited (correctly, I would say) one of the reasons for that phenomenon. That doesn't change the conclusion: that losing the filibuster would be no great loss for Democrats because they have not, for whatever reasons, been able to do all that much with it when in the minority.

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So there isn't equally minded moderate Republicans along with Dems who voted againt the bill that would vote for cloture accepting the vote?

If the Dems get 53 votes for the bill, it passed, why filibuster it, you're side lost the majority vote. Filibustering should only be used in extreme instances, not as a threat every time to essentially enforce a super majority support for every bill.

In the very least there should be a hard rule in the Dem Caucus that says you can vote however you want on the bill vote, however you have to vote for cloture even if the initial vote didn't go your way.

What the GOP is doing is essentially acting as if it's 51-49 split and Reid is letting them get away with it.

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Yeah, that's what I was getting at (or trying to anyways).

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Nonsense. I suspect that comes from this Huffington Post article in which Ryan Grim bought Harry Reid's excuse hook, line and sinker. Harry Reid may lack the ability to force filibustering senators to actually talk (at least until they've exhausted their quorum calls), but he certainly has the ability to compel them to hold the floor and to compel all senators to remain in attendance. We might not see any Republicans reading from phone books, but it would be a "real" filibuster sure enough. Granted, this would prevent the Senate from moving forward on any other matters, and it would certainly upset the supposed collegiality of the Senate. It absolutely could be done though.

Also, a vote against cloture is a filibuster by definition whenever its used to obstruct a final decision rather than to allow genuine debate.

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Senators from red-state centrist Max Baucus (D-MT) to rust-belt liberal Sherrod Brown (D-OH) are on record as unconvinced of the merits of cap-and-trade, so setting a 50-vote rather than 60-vote margin for passage is likely to make the difference between passing a bill and doing nothing.

Sounds like it's not a matter of just enough obstructionists in the Senate, but rather actual legitimate policy differences.

Cap-and-Trade isn't the only option out there. Maybe this is a good opportunity for the Senate to actually live up to its "most deliberative body in the world" (or whatever) motto and debate the merits of different approaches.

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There is considerable disagreement on whether a cap-and-trade system is better than a straight carbon tax. Each has its advantages and disadvantages. I agree that this is a good time to have this debate and fully explore the pros and cons of each approach.

That said, this is NOT the time for people to use this as an excuse to delay any action, and that is certainly the agenda in many cases.

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That's right, Goofy. Do one or the other. Or both. But not neither.

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"...this is NOT the time for people to use this as an excuse to delay any action..."
Maybe it is...
http://www.gallup.com/poll/116590/Increased-Number-Think-Global-Warming-Exaggerated.aspx

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Wow, what a typical Republican anti-science post Wally. Science is not based on opinion polls. Try reading actual peer-reviewed science instead of what someone tells you to think for a change. The idea that no action should be taken on global warming based on a poll is beyond absurd and incredibly ignorant. But that's anti-science Republicans for you (anti stem cell research, anti global warming action, etc.). Still living in the Middle Ages, Wally. Sad.

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Typical Liberal smear. I'm not anti-science, I'm anti-alarmist-BS.

Here's some science for you:
http://www.heartland.org/NewYork08/newyork08.html

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Please.

A speech by some hack from the Heartland Institute at a fake scientific conference sponsored by...wait for it...the Heartland Institute. You're going to have to do a LOT better than that. Just check out their website. They're a joke.

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Of course they're a joke, they disagree with you.

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They're a joke because they only pretend to do science. Just like "creation science". In the 1960's the tobacco companies funded lots of "studies" to show that there was no link between smoking and cancer, and sure enough, that's what they found.

It's not science when you ignore 99% of the available evidence and draw conclusions from the 1% of cherry-picked evidence you like. But then, we should expect nothing less from the people who ignored 99% of the evidence from Iraq and launched an invasion based on the 1% of cherry-picked evidence they liked.

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"It's not science when you ignore 99% of the available evidence and draw conclusions from the 1% of cherry-picked evidence you like."
...funny, that's the entire basis for Al Gore's Book/Movie/Crusade, he even had to add in fake digitized disaster footage to bolster his 1%.

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>>funny, that's the entire basis for Al Gore's Book/Movie/Crusade, he even had to add in fake digitized disaster footage to bolster his 1%.

Sorry, but your side has no argument whatsover.

http://www.sciencemag.org/cgi/content/full/306/5702/1686

Our side has at least 698 peer reviewed papers that support global warming; your side has none. when you can actually use science to back up your argument, we can start a debate; otherwise, you are just bowing hot air.

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P.S. I'm not anti-stem cell research or anti-gay rights or anti-immigrant. However I am opposed to federal funding for embryonic stem cell research, I'm not for "extra rights" because you are gay and I do think illegal immigrants should not recieve driver's licenses, in state tuition, welfare or any other benefit from the government.

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It takes 51 votes to pass. Period. The GOP is acting as if it;s a 51-49 split in the senate and Reid is letting them get away with it. The GOP is essentially forcing a super majority vote for every bill.

How did so much get done during the Bush years? How did the Senate get so many cloture votes with much less than 58 seats? Because Dems would vote for clouture respecting the initial vote much more often than not?

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I'd like to think it was out of respect for the legislative process, but I suspect it was because there are so many conservative Democrats in the Senate (like Mr. Reid himself) that the Democrats couldn't hold together a solid 41.

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On climate change, they should do whatever it takes. If that means reconciliation, by all means go for it.

This goes to something I wrote in a previous post on EFCA. I really don't understand why the Senate Democratic Caucus doesn't insist that Democrats always vote for cloture on any and every filibuster against legislation that is an Obama administration priority. This would simply be a procedural vote to ensure majority rule and stop the tyranny of an extremist, unscrupulous minority. Senators would still be free to vote against the legislation if they or their constituents have problems with it.

How to enforce a rule like this? I'm not sure but it could range from removal of chairmanships or key committee/subcommittee assignments, to a threat to support filibusters against any legislation the offender brings to the floor.

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Look, Reid is evading responsibility. If a cloture vote fails because it lacks 60 ayes, then Reid can just say: You don't want to end debate? Then we'll continue debating until you have said all you want to say. Debate will continue on a twenty-four/seven basis.

A vote against cloture is a vote for a filibuster (that is, more debate). All Reid has to do is force those who don't want to stop debating to debate. Reid controls the Senate schedule all by himself.

The problem is not that Republicans are abusing a Senate tradition. The problem is that Democrats are not carrying out their own part in the tradition.

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"Are Democrats damned if they do and damned if they don't?"

Yes.

As Atrios would say, this has been another edition of Simple Answers to Simple Questions.

(What was the article about, anyway?)

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I do always say "those damned Democrats!"

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If they can't get to 60 they should consider this. Requiring a supermajority on all votes is an abuse of democracy that has been institionalized by the Republicans.

As for the merits of cap-and-trade vesus a carbon tax cap-and-trade is the only game in town right now. Waiting for a better policy is functionally the equivalent of doing nothing at all.

The Democratic waiverers have a lot to answer for. They fall roughly speaking into two camps: Senators from the Rust Belt and from the northern Plains. (think Brown, Conrad and Johnson among others)

For the rustbelters: The old model of manufacturing seems to have been destroying rust belt economies anyway. It's time to stop fighting the future, because doing so is always a losing propsition in the end. Trying to stick to a dirty energy model for a state like Ohio will only lead to collapse in the end.

For the Upper Plains Senators: your opposition to cap-and-trade makes even less sense becauase your states are primed to capitalize on wind energy. North Dakota is number one for wind energy potential within the United States, and Montana and South Dakota are both inthe top five. (http://www.awea.org/newsroom/pdf/Top_20_States_with_Wind_Energy_Potential.pdf)

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For the rustbelters: The old model of manufacturing seems to have been destroying rust belt economies anyway. It's time to stop fighting the future, because doing so is always a losing propsition in the end. Trying to stick to a dirty energy model for a state like Ohio will only lead to collapse in the end.
As an Ohioan, I was pretty pissed to see Sherrod Brown making trouble over this, and I must sadly acknowledge that my state got where it is by rarely missing an opportunity to miss an opportunity. (BTW Lake Erie has a lot of wind energy potential, as well.)

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