Theoretically, the Senate’s filibuster rule could serve as one of only two tools the Democrats have to limit the scope of the complete Republican takeover of government. But it doesn’t look like the filibuster will be worth a warm bucket of spit, assuming it survives at all. It has already been substantially weakened by Harry Reid who got fed up with the Republicans’ constant stonewalling of executive branch nominees and appointments to the lower federal courts. He eliminated its use for those two purposes, which means that Trump can fill his cabinet with virtually anyone he wants and make quick work of rolling back the partisan advantage President Obama built on the district and appeals courts. However, Harry Reid left in place the filibuster for Supreme Court nominees and for regular Senate legislative business. For this reason, there still could be some necessity for Trump to reach across the aisle to fill Scalia’s seat on the Supreme Court and to enact his ambitious and radical policy agenda through Congress.
However, the Democrats know that the Republicans will only tolerate a limited amount of obstruction and that they could easily eliminate the filibuster completely, making a simple 50 votes in the Senate all the Republicans need for all Senate business.
Senate Majority Leader Mitch McConnell wouldn’t comment on this possibility but he had a pretty straightforward warning on Friday, saying that Democrats are “going to want to be cooperative with us.”
The Senate Democrats aren’t inclined to behave as obstructively as McConnell’s Republicans in any case:
“What we’re not going to do is what Mitch McConnell stands for, which is obstructing things because of who proposed it,” said Sen. Jeff Merkley (D-Ore.), a prominent liberal. But “if Trump puts plans forward that aren’t about working Americans, if it’s tax cuts for billionaires, we’ll certainly fight that.”
I suppose the Democrats shouldn’t invite McConnell to take away their last remaining parliamentary tool for resisting Trump, but if they’re afraid to use it because they believe it will be taken away, no one should expect it to be used for anything of true priority and significance to the Trump administration. It will be useless for the big stuff.
But there is an effective way to resist, and that’s by exploiting divisions within the Republican caucus. Those divisions are substantial and it’s going to take a lot of creativity and horse trading to utilize them effectively. Trump wants an infrastructure bill, and he’ll probably need Democratic votes to get it. He’s going to want to do tax reform, and he may need Democratic votes to get that, too. It’s unclear if he can avoid running afoul of the deficit hawks in the Republican Party (in both the Senate and House) as he looks to explode the deficit in nearly every area from increased defense spending, to lowering rates and repealing the Estate Tax, to eliminating the cost savings in ObamaCare, to jacking up spending on immigration enforcement and wall building.
Instead of relying on a filibuster rule that will be taken away the moment it matters, the Democrats should stand on their principles rather than pretending that they can keep a meaningful filibuster by playing nice. If they’re going to be a successful minority party, they’re going to have to do it the old-fashioned way. And that means that they’ll have to use the amendment process to sow divisions and make Trump rely on them as much as possible.
It should become clear fairly quickly if Trump can govern his own caucus any better than Boehner and Ryan have been able to do. The Republicans can barely legislate their way out of a paper bag on a good day, and now they have a president coming in who, by all reports, has the attention span of a gnat and no knowledge whatsoever of how to run the federal government or to move legislation through Congress.
If Trump wants to steamroll the Democrats with some hard right conservative agenda then they can refuse to help ease the divisions in his party even on things like infrastructure and tax reform where they might otherwise be willing to give him a win.
And those days of giving the votes to raise the debt ceiling? Well, that’s a Sword of Damocles that shouldn’t be given up easily. The Republicans will have to pass their own appropriations bill with their own votes, and if they can’t do it any better under Trump than they did it under Obama, well then that will be another way for Democrats to have influence and force moderation and compromise.
In any case, it’s true that the loss of the filibuster shouldn’t be conceded or made any less painful to execute. But playing nice just to preserve it will only get the Democrats rolled.
The Senate lives on unanimous consent.
It doesn’t have to be granted.
Don’t grant it.
Amen. If Republicans want to gut Medicare, dump NEPA, and do a host of other things, they need to do it on their own. I think Democrats need to pull back and say “fine, go for it.”
On NEPA, best to send Joe Manchin and Heidi Heitkamp packing now rather than later.
Gut medicare. There are about 65 million Americans that are currently eligible for medicare. Medicare has a functioning healthcare infrastructure. Gut medicare and that medical talent will flee after they collect some unemployment and get those passports.
The question that should be posed to Ryan…How long will it take for the free market to replace the current medicare insurance? And, Will there be the same plan of benefits or will that be left to the free market? Better yet, What is the projected free market premium for someone 67 years old?
That requires Senate Democrats to have a common understanding of the principles they will go to the wall on and some way of punishing sell-outs.
That also requires that they stand firm on each and every amendment they propose so that it is clear which party stands for what.
And each amendment must be easily understandable to the public and concisely and directly described so that the public knows what is at issue. Banish politiicanspeak.
Those are pretty stiff requirements for a diverse bunch not used to discipline.
Great ideas, and I agree. Sadly, I’m not holding my breath. The D party has rarely Held the Line, in my reckoning. They seem to be too easily swayed, and there seems to be a real lack of leadership overall.
What principles do they stand for? And what are they willing to fight for and push back on?
Might be a good time to make a list.
I’m not holding my breath.
If senate Dems are afrai…, er, um, too moral to eschew a McConnellian All Obstruction strategy, then they’ll need to have strong agreement on what their suite of tactics will be and which policies or principles are the ones they will go to the mat for (if any).
We now know McConnell had his entire team on board with complete obstruction from day one. He plotted and then led them in a coherent comprehensive strategy. Sounds like WE won’t be likely to do that, of course. Do Dems stand in the way of, for example, the Obamacare repeal bulldozer? Or do they allow a vote on it? Is that now comparable with saving medicare from being voucherized? Of course, Trump’s Repubs will present everything as being “about workin’ Americans” Sen Merkley…
How about repeal of all remaining financial regulations? The repeal of many hundreds of troublesome regulations on our Job Creators(tm) will be done under an omnibus American Jobs Recovery Act, which for example will destroy all existing environmental regs. Filibuster that? I guess not.
Of course, it’s laudable to finesse existing Repub divisions and try to force (supposedly) difficult votes on their members. Does Schumer actually possess this skill? Is he a noted parliamentary tactician like Reid supposedly was? Presumably yes, hence Schumer’s election as minority leader If not, we have already been rolled…
As a complete minority party, we now have no face, no national leader. Sad!
” But playing nice just to preserve it will only get the Democrats rolled.”
Honestly have yet to see real division to exploit among the GOP senators. 2018 is supposed to be a good year for them. Maybe Jeff Flake? Though its a good plan if they can do it.
Every conservative wet dream of the republican party for 70 years is buns up kneelin’ right now for them. An opportunity like this is rare and brief. I just can’t see these wingnuts blueballing it over a flimsy halfway off filibuster. There is feverish musk in the DC air.
We’re going to need clear, vocal leadership that can go over the heads of the Congress to the people. It’s hard to imagine Schumer being the guy who can effectively deliver that message. Wall Street Chuck? Not seeing it. Hope I’m wrong. Perhaps Warren, Brown, Sanders et. al. can step up and lead from behind. It is the Senate where a single voice, at least under traditional rules, has been able to pierce the din. We’ll see.
no Senator can do that, the only person that can is a President generally
OT, but wholly shit!
Can you believe this?
“Former New York City Mayor Rudy Giuliani was the favorite to be secretary of state in President-elect Donald Trump’s administration, a senior Trump transition official said Monday. — The official told the Associated Press there was no real competition for the job and that it was Giuliani’s if he wanted it. However, a second official cautioned that John Bolton, a former U.S. ambassador to the United Nations, remained in contention for the job.– A senior source told Fox News that Giuliani was being considered for the secretary of state job, but said the choice was not locked in. The source added that Sen. Jeff Sessions, R-Ala., one of Trump’s earliest Washington supporters, was getting a lot of say in the selection of officeholders.
http://www.foxnews.com/politics/2016/11/15/giuliani-favorite-for-trumps-secretary-state-says-wont-be
-attorney-general.html
Once all sense has been lost, everything is believable.
The inmates are in charge of the asylum, so why not?
Putin was too busy to take the job, so, sure.
Dems should ABSOLUTELY filibuster, so that Repubs kill the filibuster.
Better to have them to the dirty work.