Senate obstructionism

  • January 24, 2013

    by Jeremy Leaming

    The momentum for serious reform to the filibuster picked up steam last year after Sen. Majority Leader Harry Reid (D-Nev.) expressed great frustration over Republicans abuse of the legislative tool. Reid had faced nearly 400 filibusters since leading the Senate and admitted he was slow to embrace filibuster reform. Reid claimed he was finally ready to support serious reform proposals championed by Sens. Tom Udall (D-N.M.) and Jeff Merkley (D-Ore.).

    But it now appears Reid is ready to suffer ongoing Republican obstructionism in the Senate. TPM’s Sahil Kapur reports that Reid is nearing a deal with Minority Leader Mitch McConnell (R-K.Y.) “to enact minor changes to the filibuster.”

    The deal, Kapur reports would make “very modest changes,” such as permitting the “majority to bypass a filibuster on the motion to proceed to debate – if a group of senators on each side agree or if there’s a guarantee that both sides will bet to offer amendments ….”

    According to Kapur, however, the only “meaningful upside” of the agreement centers on nominations – apparently part of the deal would include “an expedited process for some nominations ….”

    The filibuster has been used to scuttle dozens of judicial nominations, which have helped lead to a high vacancy rate on the federal bench. The filibuster, however, has also been used to shut down consideration of an array of progressive measures, such as ones addressing pay inequity, immigration reform and climate change.

    In a Jan. 21 editorial, The New York Times raised concerns that on the cusp “an opportunity to end much of this delay and abuse, Democrats are instead considering only a few half-measures.” The Times highlighted reform proposals advanced by Merkley and Udall, which would require senators to take action to mount and sustain a filibuster. It would require senators bent on slowing consideration of legislation or nominations to actually announce their reason for doing so, and then continue explaining those reasons. As the newspaper noted the proposal would kill the “current practice of routinely requiring a 60-vote majority for a bill through a silent objection ….”

  • January 15, 2013

    by Jeremy Leaming

    As Salon’s Steve Kornacki persuasively argues, Sen. Majority Leader Harry Reid (D-Nev.) is a friend of the National Rifle Association, likely helping to kill any meaningful gun control legislation.

    Kornacki notes that Reid recently told Nevada reporters that he is not supporting any of the reforms expected to be put forth by the administration (The New York Times reports that Vice President Joe Biden has identified 19 executive orders the president could issue to advance gun safety) and essentially “pronounced the assault weapons ban dead ….”

    Kornacki continues:

    Not only is there steep resistance in the Republican-controlled House, but the Senate also includes a number of Democrats like Reid from pro-gun states who would rather not go on record voting for a new ban.

    In stating that he won’t consider legislation that doesn’t stand a chance in the House, Reid appears to be giving pro-gun Senate Democrats an opportunity to duck the question.

    Beyond providing cover to “pro-gun Senate Democrats,” Reid now appears to be wavering on filibuster reform. Last year, Reid took to the Senate floor to bemoan his lack of support for filibuster reform and said he favored reform measures advocated by several Democratic senators.

  • December 13, 2012

    by Jeremy Leaming

    With Republicans seemingly hell-bent on tossing the country over the so-called fiscal cliff, showing no signs of agreeing to tax hikes on the nation’s superrich, and continuing their strategy of obstructionism polling shows that a majority of Americans support filibuster reform.

    Sen. Minority Leader Mitch McConnell (R-K.Y.) embraced obstructionism during President Obama’s first term, saying his party’s top priority was to ensure Obama did not serve a second one. McConnell, however, is still set on obstructionism and not surprisingly arguing that the Constitution forbids the Senate from altering its procedures by majority vote.

    A bipartisan group of law professors – including former Reagan solicitor general Charles Fried and a former conservative federal judge Michael W. McConnell – in a Dec. 12 letter to senators says McConnell is wrong. (The letter can be read here – thanks to the Brennan Center For Justice).

    “When a newly-elected Congress convenes,” the letter states, “the newly-constituted Senate, like the newly-elected House, can invoke its constitutional rulemaking authority to make changes to the Standing Rules. At that time, a majority of the new Senate can choose to reject or amend an existing rule.”

  • December 6, 2012

    by Jeremy Leaming

    So the Senate is making some progress on confirming judges, but that progress should not mask the reality of a politicized process that has created a high vacancy rate on the federal bench. The 113th Congress has plenty of work on its plate, and it should include fixing the judicial nominations process that has hobbled the judicial system.

    Though the Senate confirmed two district court judges today – Mark Walker and Terrance Berg – both were approved months ago by the Senate Judiciary Committee. But Republican senators have throughout Obama’s first term greatly slowed the confirmation process, even for district court judges. This year, many Republicans claimed that during a presidential election year fewer judges should be confirmed, so the backlog of judges to be confirmed continued to swell, with more than 80 vacancies on the federal bench. Some Republican senators are now claiming that it is very rare for judicial nominations to be considered during lame-duck sessions of Congress. Sen. Chuck Grassley, as noted here recently, lauded his colleagues for allowing floor votes this week on a few of the pending judges.

    But Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) blasted Republicans for making the wobbly claim that judicial nominations should not be considered during lame-duck sessions. “I urge them to reexamine the false premises for their contentions and I urge the Senate Republican leadership to reassess its damaging tactics,” the senator said in a Dec. 6 statement. “The new precedent they are creating is bad for the Senate, the federal courts, and most importantly, for the American people.”

  • December 5, 2012

    by Jeremy Leaming

    Filibuster reform is needed because Senate Republicans have gone over a cliff of some sort, using the tool in an unprecedented manner to thwart consideration of significant legislation and, of course, scuttle or delay some judicial nominations.

    At People For Blog, Paul nails Sen. Chuck Grassley (R-Iowa) for his wildly misleading blather about the filibuster. Pointing to Grassley’s Dec. 3 statement on supposedly “setting the record straight” on consideration of judicial nominations during lame-duck sessions, Paul notes that the senator avoided the “topic completely,” and instead crowed about his party’s generosity for voting on at least one nominee during the lame-duck Congress. Grassley claimed in his statement that it is rare for the Senate to confirm judges during lame-duck sessions in presidential election years. “Republicans have been more than fair to this President and his judicial nominations,” Grassley’s statement reads.

    Beyond misleading, Grassley’s statement is disingenuous. Senate Republicans have been anything but generous to President Obama. Instead they have used the threat of filibuster and other delaying tactics to slow the pace of confirmations. Their actions have led to a federal bench with more than 80 vacancies, many of them considered judicial emergencies. (See JudicialNominations.org for more on the crisis surrounding the federal courts.)  

    The blockade of judges, as Paul notes, has also created “a huge backlog” of nominees to confirm. This week the Senate has confirmed two of the 19 nominations left pending when it recessed in August for campaigning. The Senate confirmed Paul Grimm, for a seat on the district court in Maryland and Michael P. Shea for a district court seat in Connecticut. Both nominees cleared the Senate Judiciary Committee months ago. That means up-or-down votes on those nominees and the 17 others in a functioning Senate should have occurred months ago. Republicans, however, may have wanted to stall those nominations in hopes that their party would capture the White House and fill the vacancies with right-wing judges.