Stasis in the Senate

Update 513 — Stasis in the Senate
Puts Filibuster Rule in the Spotlight

As President Biden and Congressional Democrats have been preparing and delivering the $1.9 trillion Corona relief bill, the GOP has been busy as well. Republican state legislatures and governors, unable to overturn the results of the 2020 elections, are focused on restricting voting in the next one. 

But GOP obstructions to voting extend to the United States Senate. Republicans are using the filibuster to restrict voting rights, invoking the Jim Crow era, and using the rule to prevent voting on the Senate floor. Below, we examine the history of the filibuster, reforms under discussion, and current support for these reforms among Senate Democrats. 

Good weekends all,

Dana

——————

With the stimulus bill signed into law, Democrats can turn their attention toward passing progressive reforms and policies. The House has already passed gun safety legislation, the Equality Act, a labor rights bill, and H.R. 1. But with the filibuster rule still in place, it’s unlikely that any of these bills will move past the Senate, despite enjoying majority support. For a growing number of Democrats in the Senate, the choice is clear: keep the filibuster as is and watch the GOP block bill after bill or update procedures and move the country forward. 

Filibuster, Past and Present

Although the Constitution gives the Senate authority to create its own rules, it makes no mention of the filibuster. In fact, the filibuster arose almost by accident. Upon Vice President Aaron Burr’s recommendation in 1806, the Senate removed the previous question motion from the rules. Over time, the filibuster (and the threat of the filibuster) defined the Senate as a legislative body distinctive for a single person or minority’s ability to stop a bill. Although the right of unlimited debate was somewhat curtailed by the introduction of the cloture motion in 1917, the filibuster remained a potent weapon for organized minorities in the Senate.

Proponents of the filibuster contend that it protects minority rights in the Senate and fosters compromise. But for much of the filibuster’s existence, it was used almost exclusively to block progressive legislation and prevent action against Jim Crow oppression. Segregationist Southern Democrats used the filibuster to kill every civil rights and anti-lynching bill in the Senate from Reconstruction until 1957. 

The use of the filibuster has ramped up significantly in the last two decades, coinciding with Mitch McConnell’s rise to Republican leadership. A report from the Center for American Progress found that Republicans use the filibuster to stop Democratic legislation roughly twice as much as Democrats use it to stop Republican bills. With high partisan polarization, the filibuster effectively forces most legislating in the Senate to require 60 votes — and very little gets done. 

Recorded Votes in the Senate since 1970

Source: 20/20 Vision; Brookings Institution

In 2013, 2017, and 2019, Majority Leaders Reid and McConnell used the so-called “nuclear option” to eliminate the filibuster for nominations. In doing so, they set a precedent for creating additional exceptions to the filibuster. Yet the legislative filibuster remains in place, posing the most significant obstacle to advancing progressive policy under a Democratic-controlled Congress.

Options for Reforming and Limiting the Filibuster

The House recently passed several progressive bills, but the reality of the filibuster will soon sink in as these bills are brought to a halt. Finding ten Republican senators on any of these bills is highly unlikely — if not impossible. Unless Democrats either eliminate the filibuster or take other steps to ensure that bills with majority support can pass, these bills stand little chance of being enacted. 

Essential Components of Reform

  • Lowering the Threshold: In 1975, the Senate reduced the votes required for cloture from two-thirds (67) to three-fifths (60). Lowering the figure again to a number just above 50 could foster compromise if only a few Republican votes were needed for cloture. If the threshold were lowered to a simple majority, however, that would effectively repeal the filibuster. One variation on this was proposed by former Sen. Tom Harkin: start with a 60-vote threshold, but lower it the longer that debate goes on. 

    Another variation on threshold reduction is creating exceptions to the filibuster rule, carve-outs for certain categories of legislation. For example, voting rights legislation could be exempted so that significant parts of H.R. 1 could pass by a simple majority. Must-pass or emergency legislation could also enjoy such privilege. Despite the filibuster’s prominence, the Senate has created exceptions in recent decades for a variety of legislation, meaning such a rule change has historical precedent. 
  • Debate Rules: The filibuster’s power is derived from the lack of rules in the Senate governing debate. New rules could limit amendments, motions, or the time allowed for debate, diminishing the filibuster’s potency.

Other Options Under Discussion

  • Talking Filibuster: By requiring senators to actually hold the floor and talk in order to filibuster, minority-led obstructionism would be made much more difficult by imposing a cost of time and energy and forcing their opposition into public view. But a minority that passionately opposes a bill could be willing to hold the floor no matter the cost and thereby paralyze the Senate. In 1964, Southern Democrats managed to hold up the Senate for 60 days filibustering the Civil Rights Act. 
  • Present-and-voting Standard: Another option for reform would require a three-fifths vote for cloture only of those senators present in the chamber. For example, if only 90 senators were present, just 54 votes would be required for cloture. Like the talking filibuster, this would impose a much higher cost on the minority but would not make a filibuster unachievable.
  • Byrd Rule Reform: The parliamentarian’s ruling that the $15 minimum wage could not be included in the stimulus package underscored the limitations of the reconciliation process. Reforming the Byrd Rule to be less restrictive, such as by allowing items that are “merely incidental” to the budget to be included in reconciliation, could lead to more legislative priorities being able to bypass the filibuster.

Senate Democrats and the Filibuster 

The momentum for reforming filibuster procedure is building. Just last weekend, Sen. Manchin joined a growing number of Democrats expressing openness to reforming the filibuster rule — although he remains opposed to full elimination. Progressive Sens. Merkley and Warren were early advocates for filibuster reform but have been joined in recent months by many defenders of the filibuster, including Sen. Coons and Senate Majority Leader Schumer. 

As it stands, the caucus can be split into four groups: those supportive of reform (or eliminating the filibuster entirely), those open to changes if Republicans obstruct popular legislation, those who have defended the filibuster in its present form, and those who have not substantially commented on the issue yet. According to our analysis and the Washington Post, 19 members of the Democratic Caucus (including Independents who caucus with the party) appear supportive of reform, 19 are open to changes, and 7 oppose changes, leaving only 5 Democratic Senators who have not yet commented on the issue. 

Democratic Caucus on Filibuster Reform

Source: 20/20 Vision; The Washington Post

Opportunities for Reform

Reforming the filibuster will likely require invoking some form of “nuclear option” — the process by which a majority of senators changes Senate precedent by overruling a parliamentary ruling, as occurred famously in the Byrd Rule (providing for reconciliation) in 1986, as well as in 2013 and 2017 (reducing from 60 to 50 the number of votes needed to approve judicial nominations). 

Sub-nuclear options that reduce barriers to legislation have recent precedent and retain a key (but extra-constitutional) feature distinguishing the Senate from the House. Democratic Senators skeptical of reform may find that carving out exceptions to the rule will prove needed to enact must-pass legislation (the debt limit)–to say nothing of H.R. 1 or H.R. 4 to restore the Voting Rights Act. Some seek to make a minimum wage hike the casus belli. Majority Leader Schumer may have a background checks gun control bill in mind as the nuclear tripwire. 

What is at stake is giving freedom to U.S. senators to do their jobs. Workplace rules currently deprive them of the right to vote, even on bills that 59 members support. But the people they serve suffer more. Failure to deliver on campaign promises or address needed relief priorities under current circumstances would risk punishment at the polls. In the coming weeks, as House bills become stalled by the filibuster, the choice between maintaining an antiquated tradition and producing meaningful policy change will become clearer.

123 thoughts on “Stasis in the Senate”

  1. I think this is one of the most important information for
    me. Andd i am glad reading your article. But wanna remark on few general things,
    The webb site style is perfect, the articles iss really great!

  2. Thank you foor this very good posts. I was wanting to know whether you were planning of publishing simillar posts to this.
    Keepp up writing superb content articles!

  3. Well composed articles like yours renews my faith
    in today’s writers.You’vewritten information I can finally agree on and also use.Many thanks for sharing.

  4. Hello There. I found your blog usinhg google.Thiss is an extremely wewll written article.
    I’ll make sure to bookmark it and return tto read more off your usedul information. Thanks for the post.
    I’ll certainly return.

  5. Hi there tto every body, it’s mmy first go to see of this webpage; this webpage contains ammazing and really excellent data in suppoort of readers.

  6. Nice post. I was checking continuously thi blog and I’m
    impressed! Very useful information specially the last part :
    ) I care for such info a lot. I was looking
    for this particular information for a long time.

    Thank you and best of luck.

  7. Nice post. I was checking continuously thiis blog and I’m impressed!
    Very useful information specially tthe last part 🙂 I care for such info a lot.
    I was looking for this particular information for a long time.
    Thank you and best off luck.

  8. It is not my first time to go tto see this website, i am visiting this webb page
    dzilly annd take good information fdom here all the
    time.

  9. What’s up, I wish for to subscribe for tthis bkog to take most recesnt updates, so
    where can i do it please help out.

  10. I think this is onne of the most important information for me.
    And i am glad reading your article. But wanna remark on few general things, The web site style is
    perfect, thee articles is really great!

  11. I have been exploring for a bit for any high quality articles or weblog posts on this kind of house . Exploring in Yahoo I at last stumbled upon this website. Reading this info So i?¦m glad to exhibit that I’ve an incredibly excellent uncanny feeling I found out just what I needed. I so much indubitably will make sure to don?¦t put out of your mind this site and give it a glance on a continuing basis.

  12. Hello! I know this is kind of off topic but I
    was wondering if you knew where I could find a captcha plugin for my comment form?
    I’m using the same blog platform as yours and I’m having
    trouble finding one? Thanks a lot! 0mniartist
    asmr

  13. Hi! I know this is kinda off topic however I’d figured
    I’d ask. Would you be interested in trading links or maybe guest writing a blog article or vice-versa?
    My site addresses a lot of the same topics as yours
    and I think we could greatly benefit from each other.
    If you might be interested feel free to send me an email.
    I look forward to hearing from you! Superb blog by the way!
    0mniartist asmr

  14. Excellent post. I was checking constantly this
    blog and I’m impressed! Extremely useful info specially the last part :
    ) I care for such information much. I was looking for this particular
    info for a long time. Thank you and best of luck.

  15. Spot on with this write-up, I absolutely believe that this website needs a great deal more attention. I’ll probably be back again to read through more, thanks for the advice!

  16. I blog often and I truly thank you for your content. This great article has truly peaked my interest.
    I am going to bookmark your website and keep checking for new information about
    once a week. I opted in for your RSS feed too.

  17. Asking questions are genuinely fastidious thing
    if you are not understanding something totally, but this article gives
    pleasant understanding even.

  18. I am really impressed along with your writing talents and
    also with the structure for your blog. Is that this
    a paid theme or did you customize it your self? Anyway keep up the nice quality writing,
    it is uncommon to peer a great blog like this one nowadays..

  19. I always used to study paragraph in news papers but
    now as I am a user of net therefore from now I am using net for articles,
    thanks to web.

  20. Hey there excellent website! Does running a blog such as this require
    a lot of work? I’ve virtually no knowledge of computer
    programming however I had been hoping to start my own blog
    soon. Anyways, if you have any suggestions or techniques
    for new blog owners please share. I know this is off subject however I simply needed to ask.
    Many thanks!

  21. Thank you, I have recently been searching for information approximately this subject for a while and yours
    is the best I have discovered so far. But, what concerning the
    bottom line? Are you certain about the supply?

  22. Excellent way of telling, and nice article to obtain information regarding my presentation focus, which i am going to deliver in school.

  23. scoliosis
    Thank you for the auspicious writeup. It in fact was a amusement account it.
    Look advanced to far added agreeable from you! However,
    how can we communicate? scoliosis

  24. scoliosis
    Hey there! Do you know if they make any plugins to help with Search Engine Optimization? I’m
    trying to get my blog to rank for some targeted keywords but I’m not seeing very good results.
    If you know of any please share. Kudos! scoliosis

  25. scoliosis
    Thanks a lot for sharing this with all of us you really understand what you are talking about!
    Bookmarked. Kindly also visit my web site =). We can have a
    hyperlink trade agreement between us scoliosis

  26. dating sites
    Hey! I know this is somewhat off topic but I was wondering which blog platform are you using for this
    site? I’m getting fed up of WordPress because I’ve had problems with hackers and I’m
    looking at alternatives for another platform. I would be fantastic if you could point
    me in the direction of a good platform. free dating sites https://785days.tumblr.com/

  27. Incredible! This blog looks exactly like my old one!
    It’s on a totally different topic but it has pretty much the same layout and design. Superb choice of
    colors!

  28. What’s up colleagues, how is the whole thing, and what
    you desire to say on the topic of this paragraph, in my view its actually remarkable in support of
    me.

  29. I am really enjoying the theme/design of your website.
    Do you ever run into any browser compatibility problems?

    A number of my blog readers have complained about my website not operating correctly in Explorer but
    looks great in Chrome. Do you have any tips to help fix
    this issue?

  30. It is in point of fact a nice and useful piece of information. I am satisfied that you simply shared this
    useful information with us. Please stay us informed like this.
    Thanks for sharing.

  31. My programmer is trying to persuade me to move to .net from PHP.

    I have always disliked the idea because of the expenses.
    But he’s tryiong none the less. I’ve been using Movable-type on a number of
    websites for about a year and am anxious about switching to
    another platform. I have heard good things about blogengine.net.

    Is there a way I can transfer all my wordpress content into it?
    Any kind of help would be greatly appreciated!

  32. Hey I know this is off topic but I was wondering if you knew of any
    widgets I could add to my blog that automatically tweet my
    newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was
    hoping maybe you would have some experience with something like this.
    Please let me know if you run into anything. I truly enjoy reading your blog and
    I look forward to your new updates.

  33. I like what you guys are up too. This kind of clever work and exposure!
    Keep up the awesome works guys I’ve incorporated you guys to
    my own blogroll.

  34. If you are going for most excellent contents like I do, simply go to see
    this web page daily since it provides quality contents, thanks

  35. Pingback: frozen keto meals

  36. I am really impressed with your writing skills and also with the layout on your
    weblog. Is this a paid theme or did you customize it yourself?
    Anyway keep up the excellent quality writing, it is rare to see a great blog
    like this one today.

  37. I’ve been browsing online more than three hours these
    days, but I never found any attention-grabbing article like
    yours. It’s lovely worth sufficient for me.
    In my opinion, if all site owners and bloggers made good content material as you did, the net will be much more helpful than ever before.

Leave a Comment

Your email address will not be published. Required fields are marked *