Senate Dems unhappy with backroom rules deal

Democratic senators who wanted to change the Senate's rules are complaining about a deal announced on Thursday. 

Sens. Jeff Merkley (D-Ore.) and Tom Udall (D-N.M.) agreed that the deal has some merit, but argued the Senate rules should be changed to allow a majority vote to determine the Senate's rules. 

Under a rule set by a previous Senate, it takes 67 votes to change a Senate rule. This rule would be preserved under the gentleman's agreement announced by Senate Majority Leader Harry Reid (D-Nev.) and Senate Minorty Leader Mitch McConnell (R-Ky.). 

Reid and McConnell agreed that while they are leaders of their respective parties, they will never deploy the “constitutional option” that would allow them to change the Senate rules with a majority vote.

Merkley and Udall both said the Constitution guarantees a majority vote, and that this right is surrendered under the Reid-McConnell deal 

"I cannot surrender my rights under the Constitution to use a majority vote to make the rules of this institution better," said Merkley, who called the steps in the McConnell-Reid deal a "modest step forward."

"I strongly disagree with one thing that was announced here — the idea that the two leaders are taking off the table us utilizing our constitutional rights," said Udall. "That's a good agreement for them; it doesn't apply to 98 other senators. Each senator under the Constitution has his or her right to rely on those constitutional rights."

Sen. Charles Schumer (D-N.Y.) also said today he was upset that the deal did not limit filibusters to "talking filibusters." But under Senate rules, it would be almost impossible for senators to change the rules without support from the Senate leadership.

When the Senate returns at 2:15 p.m., senators will debate talking filibusters prior to a series of votes expected Thursday night.