TPM
Senate Majority Leader Harry Reid (D-NV) offered his Republican
counterpart an ultimatum on Tuesday afternoon: come to a deal on
filibuster reform soon or Democrats will do it on our own.
“I hope that within the next 24 to 36 hours, we can get something
that we agree on,” Reid told reporters in the Capitol. “If not we’re
going to move forward on what I think needs to be done. The caucus will
support me on that.”
The Democratic majority leader has vowed to weaken the filibuster but
is deferring action while he continues weeks-long negotiations with
Minority Leader Mitch McConnell (R-KY) over a resolution. He’s keeping
his options open to change the rules with a 51-vote majority if a deal
is not reached.
Last week Reid charted out a middle path that would involve shifting some of the burden
from a majority seeking to conduct Senate business to a minority
seeking to obstruct. Currently the onus is on a majority to maintain a
51-vote quorum while seeking to advance legislation and nominees; Reid’s
approach would require a filibustering minority to keep a critical mass
of 41 senators in a chamber while stalling.
As Reid weighs his options, champions of filibuster reform are wary
that Republicans will agree to any meaningful changes. And the leading
Senate champion of reform is pushing Reid to ditch his hopes of
bipartisanship and move forward with the constitutional option.
“Leader Reid has left open two paths to rules changes,” Sen. Jeff
Merkley (D-OR) said in a statement late Tuesday. “While I’ve always
thought that improving how the Senate works should be an area ripe for
bipartisan agreement, it is clear at this point that the constitutional
option would produce the strongest package and make the Senate more
functional.”
A McConnell aide had nothing new to report but said the Republican
conference had a full discussion of the options on filibuster reform at
private meeting Tuesday.
The details of Reid’s discussions with McConnell remain a mystery.
Merkely deferred all questions about the nature of their talks and
internal Democratic discussions to Reid. He has said multiple times that
he believes Democrats have 51 votes to reform the filibuster.
Sen. Carl Levin (D-MI), the leading Democrat against weakening the filibuster with a bare majority, has sponsored a scaled-back plan
with Sen. John McCain (R-AZ). He said he has “problems” with using what
he and Republicans dub the “nuclear option” to bypass the ordinary
two-thirds threshold and change the rules with a bare majority.
Levin told reporters Tuesday that he isn’t sure if any other
Democrats are committed to opposing a rules change with a simple
majority. He said that if such a move is considered, he won’t seek to
lobby colleagues one way or another and will simply “vote my
conscience.”
For now, proponents of filibuster reform are nervous about the
endgame, hopeful that Reid won’t go wobbly on the constitutional option,
and willing to accept some incremental reforms even if they don’t get
their full talking filibuster.
“I — well, satisfied is a relative term,” Merkley told reporters of
Reid’s direction. “I would like to see the talking filibuster. … So
that’s kind of the gold standard. Sometimes you have to settle for the
silver or bronze standard but I’m still advocating for the gold
standard.”
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