Filibuster Reform

The Senate's Long, Twisted, Bumpy Road To Filibuster Reform

Brian Beutler | December 31, 2010, 8:50AM

Vice President Biden

At some point on January 5, Sen. Tom Udall (D-NM) will take the Senate floor and begin a process that he hopes will end in the successful use of the "Constitutional option" -- the prerogative of a majority of the Senate's members to rewrite its rules on the first day of a new Congress.

He and his allies have been vocal about their plan. But the actual sequence of events that starts with him giving a speech, and ends with filibuster reform, is obscure, fragile, and extremely complicated. In fact, it's so involved that the "first day" of the 112th Senate could actually last for weeks.

There are myriad unknowns and X-factors that could change the course of events, and even upend Udall's ambitions altogether. But what follows is a list of steps he and the Senate will have to take to succeed in exercising the "Constitutional option," so called because the Constitution empowers the Senate to write its own rules.

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Filibuster

How Harry Reid And Mitch McConnell Could Upend Filibuster Reform

Brian Beutler | December 30, 2010, 12:10PM

A handful of junior Democrats, including Sens. Tom Udall (D-NM) and Jeff Merkley (D-OR), have done an impressive job building momentum for a package of modest, but meaningful, changes to the Senate's filibuster rules. But their plan could be completely upended and replaced by even more modest reforms, if Democratic and Republican leaders successfully negotiate a bipartisan rules reform compromise.

In a phone interview with me Wednesday, Udall described negotiations between Senate Majority Leader Harry Reid, Minority Leader Mitch McConnell, and Sens. Chuck Schumer (D-NY) and Lamar Alexander (R-TN) as a "separate track" from his own efforts.

A Senate Democratic aide confirms that those discussions are ongoing, and haven't yet yielded consensus. But if they do, that consensus would serve as a stand-in for Udall's approach, not as an endorsement of it, as previous reporting has suggested.

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Tom Udall

Paging Mr. Smith! How The Senate May Return To The Old-School Filibuster

Brian Beutler | December 30, 2010, 8:30AM

Still from "Mr. Smith Goes To Washington" (1939)

On January 5, 2011 -- the first day of the 112th Congress -- Sen. Tom Udall (D-NM) will touch off a long debate, which he hopes will result in a majority-rules vote on a package of meaningful changes to the Senate rules. After a series of private conversations with Democratic members, he and his allies have settled upon a framework including three distinct reforms designed to unclog the Senate and scale back the minority's power.

The consensus package will aim to put an end to "secret holds" (anonymous filibuster threats) and disallow the minority from blocking debate on an issue altogether. Those two reforms are fairly straightforward. The third is a bit more complex. Udall, along with Sen. Jeff Merkley (D-OR), say there's broad agreement on the idea to force old-school filibusters. If members want to keep debating a bill, they'll have to actually talk. No more lazy filibusters.

But how would that actually work? In an interview Wednesday, Udall explained the ins and outs of that particular proposal.

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Filibuster Reform

Report: Reid 'Devising A Plan' For Filibuster Reform

Eric Kleefeld | December 23, 2010, 12:52PM

Senate Majority Leader Harry Reid (D-NV)

Is momentum building for Senate Democrats to change the filibuster rules, following the past two years in which Senate GOPers used their reduced numbers to throw up more procedural blocks than in any past Congress?

As Greg Sargent reports:

At a caucus meeting this week attended only by Senators and no staff, Reid and fellow Dems devoted a significant chunk of time to a discussion about specific ideas on how to proceed, the aide says.

...

"They are already talking it through and devising a plan," the aide said of Reid and fellow Dems, adding that Reid is having "conversations" with other members of the caucus "about the best way to move forward."

Sargent reports that various ideas have made the rounds, including efforts to do away with the modern phony filibuster and force Senators to actually talk on the floor. But how would they change the rules? Sargent reports: "Dems are also coalescing behind the so-called 'constitutional option,' which has it that each new Congress has the right to set its own rules by simple majority vote."

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