McConnell, Reid agree on rules reform package
posted at 1:11 pm on January 24, 2013 by Ed Morrissey
Get ready for plenty of liberal howling over this outcome, because Harry Reid made the mistake of overpromising and underdelivering. Reid’s vow to use the nuclear option to get rid of the filibuster turned into only a limitation on how many filibusters the minority can stage on one issue. The filibuster otherwise lives — even for judicial appointments, although somewhat restricted:
Progressive senators working to dramatically alter Senate rules were defeated on Thursday, with Senate Majority Leader Harry Reid (D-Nev.) and his counterpart, Minority Leader Mitch McConnell (R-Ky.), set to announce a series of compromise reforms on the Senate floor that fall far short of the demands. The language of the deal was obtained by HuffPost and can be read here and here.
The pressure from the liberal senators, led by Oregon Democrat Jeff Merkley and backed by a major coalition of progressive groups, created the political space for Reid to cut the deal with McConnell, which does include changes to how the Senate operates, but leaves a fundamental feature, the silent filibuster, in place.
The deal would address the filibuster on the motion to proceed, which had regularly prevented the Senate from even considering legislation and was a major frustration for Reid. The new procedure will also make it easier for the majority to appoint conferees once a bill has passed, but leaves in place the minority’s ability to filibuster that motion once — meaning that even after the Senate and House have passed a bill, the minority can still mount a filibuster one more time.
Reid won concessions on judicial nominations as well. Under the old rules, after a filibuster had been beaten, 30 more hours were required to pass before a nominee could finally be confirmed. That delay threatened to tie the chamber in knots. The new rules will only allow two hours after cloture is invoked.
Yes, but the filibuster still applies, and the post-cloture debate was moot anyway. The only really significant changes to the filibuster itself is that it can no longer be applied to a motion to proceed, but only to a floor vote, and that Senators must be present to filibuster. It still takes 60 votes to gain cloture, and it still means that bills — like, say, Dianne Feinstein’s assault-weapons ban – will have to gain significant Republican support to pass.
Dave Weigel breaks down the impact of the agreement:
We now have a comprehensive look at the filibuster reform package accepted by Mitch McConnell and Harry Reid. It’ll be schlepped to Democrats at an early afternoon meeting. And yes, it functionally ends the campaign for the “talking filibuster,” and for putting the burden of filibusters on the minority to get 41 no votes, instead of on the majority to get 60 ayes.
“It looks a lot like McCain-Levin,” says a Democratic aide.
And it does. … But the onus of the filibuster remains with the majority. Senators will remain able to place holds, and the holds will have to be broken with 60 votes — for this Congress, those will be bipartisan votes.
If I had to guess, I’d say that the prospect of living under any other rules in the minority after 2014 prompted some moderate Democrats to slow down the “reform” train, as well as the prospect of setting a 51-vote precedent for rules changes and placing it in Republican hands in 2015. Instead of dictating an end to the filibuster, Reid ended up settling for a compromise that refines it, but essentially leaves it in the hands of the minority.
It looks as though McConnell got his wish in reforming the amendment process, too. The first section gives the right to the minority to offer amendments in rotation with the majority, which means Reid can no longer “fill the tree” by introducing enough amendments to shut out Republicans, although the schedule becomes constricted significantly if cloture is invoked for both the majority and minority.
This is a smart play for both Democrats and Republicans in trying to repair the reputation of the upper chamber. Reid, however, will come out looking like the big loser not so much for what he gave up, but for what he promised and then failed to deliver.
Update: Actually, as Ezra Klein explains, even the motion to proceed can be filibustered, although the new rules offer a work-around:
But the deal Reid struck with McConnell doesn’t end the filibuster against the motion to proceed. Rather, it allows the chamber to sidestep the filibuster with agreement of the minority and majority leaders and seven senators from each party.
A pro-reform aide I spoke to was agog. “Right now, you have to negotiate with McConnell to get on a bill,” he said. “Tomorrow, if this passes, you still need to negotiate with McConnell to get on a bill. It changes nothing on how we move forward.” …
The filibuster is safe. Even filibusters against the motion to proceed are safe. And filibuster reformers have lost once again.
Klein asked Reid why he didn’t press harder for reform:
“I’m not personally, at this stage, ready to get rid of the 60-vote threshold,” Reid (D-Nev.) told me this morning, referring to the number of votes needed to halt a filibuster. “With the history of the Senate, we have to understand the Senate isn’t and shouldn’t be like the House.”
In other words …. 2015.
Update: A parting thought from Erick Erickson:
Would it be wrong to think Harry Reid surrendering on the filibuster may in some way be tied to the gun control fight?
— Erick Erickson (@EWErickson) January 24, 2013
And by that I mean the gun control fight endangers a number of Democratic Senators who, should they lose, the GOP will take the Senate.
— Erick Erickson (@EWErickson) January 24, 2013
Hmmmm.
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I have faith. Gomez can do it! Gomez is the better candidate, by far. Hopefully there are enough intelligent people in that state.
bluegill on May 9, 2013 at 9:23 AM
Take a good look at the pic of Markey.
This is the pic of a Political Sh*tbag.
ToddPA on May 9, 2013 at 9:25 AM
There’s a 4th poll out today also and has Markey up by 6…
http://www.wbur.org/2013/05/09/markey-gomez-senate-poll
This aligns with PPP and Emerson.
It’s hard to say who’s right given this is a special.
dforston on May 9, 2013 at 9:27 AM
I’m gonna call it now. Markey by 11. Bookmark it and come back in six weeks.
Chris of Rights on May 9, 2013 at 9:28 AM
Brown had the Tea Party rallying behind him. Tea Party was new and looking to prove itself and saw that race as a big opportunity. Gomez isn’t going to have that kind of push behind him.
Mark1971 on May 9, 2013 at 9:29 AM
Gomez is the worst RINO this year, however, this is the same state that elects Barney Frank, crook John Tierney and American Indian Elizabeth Warren, so this state is far from intelligent.
sentinelrules on May 9, 2013 at 9:29 AM
Barney Frank
Fauxcahontas
John Kerry
Ted Kennedy
Ehhh not so much
dirtseller on May 9, 2013 at 9:31 AM
Markey makes me puke
bsinc1962 on May 9, 2013 at 9:33 AM
There’s the right way to do something and there’s the Mass way to do things; trust the people of that blue state crap-station to elect yet another in a long line of pandering liberal jackasses.
Bishop on May 9, 2013 at 9:35 AM
OT:
(Except for the women….keep those sexy toes covered)
Hee hee.
BobMbx on May 9, 2013 at 9:36 AM
“There’s the right way, the wrong way, and the Mass way.”
“Isn’t the Mass way just the wrong way?”
“Yeah, but it costs more and has a smug sense of elitism.”
makattak on May 9, 2013 at 9:40 AM
Given the ideological demographic here, this is sort of a flip from SC-1, in that Gomez has to turn out all his supporters to win a special — which is possible, due to the general apathy special elections have, absent any looming event in Congress that upsets the dynamic (like ObamaCare in 2010). But Markey just needs normal Massachusetts voting patterns even with a small turnout to win, just as Sanford simply needed anything close to normal district voting patterns to win on Tuesday. So a lead that tracks slightly above the polls showing a closer racer — in the 8-10 point area, but not a 17-point lead — would be reasonable.
jon1979 on May 9, 2013 at 9:45 AM
Yeah but they elected Romney, so in Bluegill’s mind that makes them the smartest state in the union. :)
melle1228 on May 9, 2013 at 9:45 AM
I have faith. Gomez can do it! Gomez is the better candidate, by far. Hopefully there are enough intelligent people in that state.
bluegill on May 9, 2013 at 9:23 AM
Massachusetts?.. Intelligent?..
ROTFLMAO!
The_Brewer on May 9, 2013 at 9:52 AM
Harvard is there. There are many intelligent people with no wisdom.
thuja on May 9, 2013 at 9:56 AM
Get a haircut. And I thought Kerry was hard to look at.
earlgrey133 on May 9, 2013 at 9:58 AM
are there any debates scheduled?
commodore on May 9, 2013 at 10:00 AM
Not surprising, the state of Massachusetts, despite having been crucial in the birth of the Republic, has long since fallen to statism and proven itself stupid. Time and again. I have no e faith that the people of Massachusetts could do the right thing if it was the only choice they had and the answer was tattooed on their foreheads.
AZfederalist on May 9, 2013 at 10:03 AM
There’s a commercial running right now where Markey is essentially taking credit for all modern technology because he voted for the telecom split.
bsinc1962 on May 9, 2013 at 10:05 AM
If i were Gomez, I wouldn’t advertise or campaign. I’d shop for an intelligence enhancing agent to put in the water supply.
IlikedAUH2O on May 9, 2013 at 10:05 AM
We should just call him Senator Markey now.
Scott Brown had the Tea Party; blue collar appeal; a Boston accent; and wasn’t in the PE biz. The Democrats are already labeling Gomez as an evil Little Romney out to make a buck at the expense of the working and middle classes.
Punchenko on May 9, 2013 at 10:13 AM
A failed, corrupt people deserve nothing more than a Markey.
MNHawk on May 9, 2013 at 10:18 AM
Didn’t Gomez write a letter to Patrick in support of Obama?
ctmom on May 9, 2013 at 10:22 AM
85% vote the right way is better than 100% the wrong way. Is the a ever to be a bill that Markey will vote the same way that Cruz or Paul do. Gomez will vote with Cruz more times then not but even if the is a few bill that he will vote the same way as Senator Pocahontas, it is the best they can offer for a generation.
tjexcite on May 9, 2013 at 10:27 AM
Their gift to you as well.
roy_batty on May 9, 2013 at 10:29 AM
YES!!! But don’t call it a win.
I used to preach this all the time until:
1) I hung out around here and dicovered that their are conservative solutions which make more sense than the conventional LSM preaches.
2) I realized that the theory engenders the breeding of Juan McLames and others for the media to pass off as conservatives since they have an R.
IlikedAUH2O on May 9, 2013 at 10:32 AM
Likely so but I am sending Gomez some $$$ anyway. A good chunk of Dems (Lynch voters) will go for Gomez as will most independents. Independents outnumber Dems & Repubs combined in MA.
roy_batty on May 9, 2013 at 10:33 AM
I ran to the polls to vote for Scotty. I sure do miss him.
I won’t vote Markey, but there’s something about this guy that tells me he just isn’t up to the job. I’ll be counted as one of the countless that stayed at home.
c.j.ammenheuser on May 9, 2013 at 10:34 AM
Granted, it’s been awhile since I’ve seen MA numbers, but when I had last looked (which at this point is about 7 years ago), I remember the numbers being Ind: 45, Dem: 44, Rep: 11.
Stoic Patriot on May 9, 2013 at 10:39 AM
Bingo! And he donated to both Governor Deval Patrick and Obama while praising Deval’s ‘Bold and insightful leadership…’
He’s also for stricter gun control and supports the immigration reform bill.
What’s that make him? A Rhino Squish of the First Order anywhere else, but here in The Commonwealth? A staunch conservative.
CaptFlood on May 9, 2013 at 10:54 AM
I think the Commonwealth of Mass should resurrect
the Black Oldsmobile that sustained “flood damage”
quite a few years ago, and run that.
The perfect symbol for the Blithering Idiots who vote
in that state.
ToddPA on May 9, 2013 at 11:04 AM
Glad to see the Bald Avenger has returned to his true calling-analytics!
President Romney will finally get the Senate he deserves!
tommyhawk on May 9, 2013 at 11:36 AM
It would be racist to vote against Gomez. That’s the lesson I’ve learned from my betters in the Demedia.
juliesa on May 9, 2013 at 11:37 AM
that race is over, mass will go for the leftist guy for sure. if they’ll take a liar like warren over an honest, but squishy rino like brown, their fate is sealed.
I honestly don’t know how boston gets a reputation for being “strong” and tough, when all they do there is cry for their government handouts. such a helpless group of people that can’t live without assistance. they consistently vote for dishonest, immoral, self-serving politicians, clearly they’re voting for people like themselves…
{is what I think of mass clear?}
jetch on May 9, 2013 at 11:53 AM
Must be easy being a conservative in a deep Red state. Try walking that walk here in MA. Watch every candidate you ever voted for (with rare exception) get out-voted into oblivion. Watch your governor lie his ass off, pander to criminals, layabouts and illegal aliens, then ask YOU (who for all intents and purposes have no effective representation) to pay more taxes. Try rocking an NRA sticker on your windshield knowing that by doing so you’ve just increased the likelihood of having your ride keyed by tenfold, and that you risk having your children ostracised by their friends simply for speaking your mind at town hall.
A little respect for those of us still fighting behind enemy lines…
CaptFlood on May 9, 2013 at 1:02 PM
OK, looking at the race from deep in “flyover country” [aka "America"]; Gomez is politically opposite of every SEAL and SpecOps person I have ever met. And yes, I have met a few. From his announced statements, he would fit in well with the Leftist Democrats in the Peoples’ Republic of Boulder, Colorado.
That said, this is Massachusetts. It is an area where the electoral system has been under Democrat control for generations. Brown was an anomaly, as noted, because the Left underestimated the concept of the TEA Party. I promise that those who control the final vote totals, regardless of votes cast, will not make that mistake again.
And, one has to remember the cultural mismatch. Just as his stands conflict with his status as a SEAL here, with being SEAL a source of credibility overwhelmed by knowledge of what he believes; in Massachusetts his Leftist stands give him credibility, countered by his status as a SEAL. Being part of the evil military-industrial complex, by definition to an extent an individualist, and a willingness to do violence against all the politically correct causes just because they threaten this country is an electoral killer in a collectivist haven like Massachusetts.
Markey in a walk.
Massachusetts will get the government it deserves. They will demand it. And will blame everyone but themselves for the results when they get it.
Certain areas are lost causes. New York City, Massachusetts, Chicago, Detroit, Washington, DC, California, the Pacific Northwest. They want Big Brother’s boot in their face so long as they are told that it is “for the children”. In fact they demand it.
Subotai Bahadur on May 9, 2013 at 1:57 PM