I have really good news on filibuster reform.
First, Senator Casey has announced his support for the filibuster reform package introduced by Senators Udall, Harkin, and Merkley.
Second, it looks like serious reform is on the way. Majority Leader Harry Reid has taken advantage of the rules to draw out the first “legislative day” for a few weeks to build support. But we are hearing growing optimism on the part of reform minded Democrats.
Thank Senator Casey and each other!
We’re very grateful for Senator Casey’s support. And I want to thank all of you who signed our petition to Senator Casey. After meeting, along with Common Cause, SEIU, CWA, and the Steelworkers, with his legislative director, we thought Senator Casey was leaning in our direction. But it was just hours after I forwarded the list of signers of the petition to the Senator’s office that I received word that he had not only signed on to the reform but was very excited about the prospect of success.
Please give Senator Casey’s office a call to thank him. You can find his local office number here. If you haven’t signed the petition yet, do so now and we’ll let Senator Casey know that everyone who signed is appreciative of his action. Click here
In the rest of this email, I’m going to tell those of you interested a little more about what the reform looks like. Of, you like, click here for the radio interview I did on the subject with Rick Smith click here.
What reform will look like
The proposed changes in the Senate rules do not go as far as some of us would like. But they also meet the concerns of people who are worried that we progressive might need the filibuster in the future to protect public policies incredibly important to us.
The reforms don’t change the number of Senators need for cloture, that is, to stop debate. It will remain at 60.
But the reforms end secret holds on legislation; prohibits a filibuster on the motion to consider legislation; and limit debate after cloture is adopted. More importantly, the reforms significantly raise the costs of engaging in a filibuster by requiring members of the Senate to hold the floor and speak in order to block a vote.
It was the elimination of this requirement of a public filibuster in the 1970s that made it a common rather rare occurrence. So forcing a public filibuster, and requiring those who filibuster to hold up Senate business will mean, in most cases, that we will return to the constitutional requirement that 51 Senators, not 60, are needed to pass legislation.
The procedure used to reform the filibuster
Almost as important as the content of the rules changes is the procedure that will be used to enact them. The Senate is mostly likely going to act majority vote, not by a 2/3rds vote as required under its current rules. In other words, the procedure used to change the rules will assert that the rules enacted by one Senate cannot bind the next Senate.
This is an historic step. And it will set a precedent that will warn all Senators that, if they continue to abuse the filibuster, further changes will take place.
Thanks again for the important action many of you took in singing our petition. It’s an important step forward in the fight to end minority tyranny in the Senate.