Filibluster

Filibuster “reform” — intermittently called, over the last decade or so, the “nuclear option” — is something of a moving target. We have consistently maintained that a majority of the Senate may constitutionally curtail the filibuster or leave it as it is. But particular exercises of that power may be deeply unwise or even obnoxious. So it is in the case of the current Democratic initiative.

Details remain murky, but it appears that Harry Reid intends to force the minority to mount a “talking filibuster” on cloture votes, meaning dissenting senators will have to physically occupy the floor to assert their minority rights at all. And he plans to outright end the 60-vote requirement on most procedural matters, including, critically, the motion to begin debate on legislation. This change reduces the minority’s ability to compel the majority to let them offer amendments to bills. Reid has greatly expanded the practice of “filling the tree,” disallowing Republican amendments to protect his caucus from potentially damaging votes. Many Republican filibusters led by Minority Leader Mitch McConnell have been punitive responses to this practice. Freed of such a threat, Reid would have more time to push his agenda and less incentive to allow Republican input.

Read more: http://www.nationalreview.com/articles/334711/filibluster-editors