Senate Dem freshmen want party to back 'talking filibuster'

Senate Dem freshmen want party to back 'talking filibuster'

Most of the new class of Senate Democratic freshmen say filibuster reform should require senators to actually hold the floor and debate if they want to block legislation.

Seven new Democrats voiced support Thursday for instituting the so-called talking filibuster rule as the core component of reform.

Of the nine newest senators to join the Senate Democratic Conference, only Sens. Mazie HironoMazie Keiko HironoDem senators want list of White House officials with interim security clearances Dems send letter probing Kelly, McGahn over Porter allegations Dems call for probe into security clearances after WH aide resignation MORE (D-Hawaii) and Heidi HeitkampMary (Heidi) Kathryn HeitkampSenate rejects Trump immigration plan Cramer to announce North Dakota Senate run on Friday Senate Democrats not sold on bipartisan immigration deal MORE (D-N.D.) declined to explicitly support the talking filibuster.

Overhauling the rules has boiled down to an intergenerational debate within the Senate Democratic caucus.

Old bulls such as Senate Armed Services Committee Chairman Carl LevinCarl Milton LevinSen. Gillibrand, eyeing 2020 bid, rankles some Democrats The Hill's 12:30 Report Congress needs bipartisanship to fully investigate Russian influence MORE (D-Mich.) favor more modest reform and have recruited Republicans to press for a negotiated solution.

Junior Democrats, including Sens. Tom UdallThomas (Tom) Stewart UdallCongress fails miserably: For Asian-Americans, immigration proposals are personal attacks Senate rejects centrist immigration bill after Trump veto threat Dem senators want list of White House officials with interim security clearances MORE (N.M.) and Jeff MerkleyJeffrey (Jeff) Alan MerkleyGrassley, Dems step up battle over judicial nominees 2020 Dem contenders travel to key primary states Mulvaney remarks on Trump budget plan spark confusion MORE (Ore.), say unless lawmakers are required to sustain live floor debates, the chamber will remain gridlocked most of the time. They favor using the nuclear option, which they call the “constitutional option,” to effect this change through a simple majority vote. But they need 51 of the 55 members of the Senate Democratic Conference to back them.

“The heart of the matter is the talking filibuster,” Udall said.

Levin gained momentum late last month when he and seven colleagues introduced a bipartisan proposal to reform Senate procedures.

His plan would allow a senator to require 60 votes to set up final passage of a bill by raising an objection. It would, however, make it easier for the majority leader to take up new business by restricting filibusters on motions to proceed.

It would also make it easier for the leader to bring legislation to conference negotiations with the House and move lower-level executive- and judicial-branch nominees.

Levin has enlisted the support of Sen. John McCainJohn Sidney McCainLawmakers worry about rise of fake video technology Democrats put Dreamers and their party in danger by playing hardball Trump set a good defense budget, but here is how to make it better MORE (R-Ariz.), as well as Sens. Mark PryorMark Lunsford PryorMedicaid rollback looms for GOP senators in 2020 Cotton pitches anti-Democrat message to SC delegation Ex-Sen. Kay Hagan joins lobby firm MORE (D-Ark.), Ben CardinBenjamin (Ben) Louis CardinWashington puts Ethiopia's human rights abusers on notice Overnight Defense: Mattis vows Dreamers in military won't be deported | Pentagon unsure if military parade will be in Washington | Dem bill would block funds for parade Dems introduce bills to block funds for Trump's proposed parade MORE (D-Md.), Charles SchumerCharles (Chuck) Ellis SchumerDemocrats now attack internet rules they once embraced Schumer: Trump budget would ‘cripple’ gun background checks Schumer: Senate Republicans' silence 'deafening' on guns, Russia MORE (D-N.Y.), Lamar AlexanderAndrew (Lamar) Lamar AlexanderOvernight Health Care: Trump health chief backs CDC research on gun violence | GOP negotiators meet on ObamaCare market fix | Groups sue over cuts to teen pregnancy program GOP negotiators meet on ObamaCare market fix 30 million people will experience eating disorders — the CDC needs to help MORE (R-Tenn.), Jon Kyl (R-Ariz.) and John BarrassoJohn Anthony BarrassoThe 14 GOP senators who voted against Trump’s immigration framework Overnight Energy: Senate panel advances Trump pick for EPA No. 2 | Pruitt questions ‘assumptions’ on climate | Dems want Pruitt recused from climate rule review Senate panel advances Trump pick for No. 2 official at EPA MORE (R-Wyo.).

Udall and Merkley on Thursday introduced their own resolution to reform the Senate. The biggest difference is that their plan would force senators who filibuster to actually speak on the floor and allow the majority leader to call for a simple majority vote on the pending business once the debate stops.

Their proposal would also eliminate filibusters on motions to proceed, reduce debate time on executive- and judicial-branch nominees — except for Supreme Court nominees — and bar filibusters on motions to go to conference.

They received reinforcements Thursday when nine new Democratic senators took the oath of office. Most of them agree with Udall and Merkley that reform should require lawmakers seeking to block action to argue for their reasons in front of C-SPAN cameras.

“Preserving the rights of the minority is important, but I think it’s too easy, if you don’t actually have to do a 'Mr. Smith Goes to Washington'-style filibuster, it’s too easy to be abused,” said Sen. Martin HeinrichMartin Trevor HeinrichCongress fails miserably: For Asian-Americans, immigration proposals are personal attacks Senate rejects centrist immigration bill after Trump veto threat Dem senators want list of White House officials with interim security clearances MORE (D) after taking the oath of office to represent New Mexico. “I think the filibuster should be preserved but it should be a talking filibuster where you actually have to go to the floor and preserve the floor.”

“I feel like talking filibuster is what enables your colleagues and the American public to know whether you’re interposing some reason for delay or you’re just interested in delay for delay’s sake,” said Sen. Tim KaineTimothy (Tim) Michael KaineSave lives, restore congressional respect by strengthening opioids’ seizure Overnight Finance: Lawmakers, Treasury look to close tax law loopholes | Trump says he backs gas tax hike | Markets rise despite higher inflation | Fannie Mae asks for .7B Bipartisan Senate group says they have immigration deal MORE (D-Va.), before participating in a swearing-in ceremony with Vice President Biden.

Senate Democrats have filed over 380 motions to end filibusters since capturing the majority in 2006, although Republicans argue many of these were filed before giving them a chance to discuss possible compromises to move forward. 

The Levin-McCain proposal urges party leaders and senior senators managing floor business not to honor objections from lawmakers who are not present on the floor — but junior Democrats who favor reform say this does not go far enough.

“The McCain-Levin proposal does nothing to take on the secret silent filibuster that is haunting this body,” Merkley told reporters Thursday.

He argues that Democratic and Republican leaders tried to establish a gentlemen’s agreement to reduce obstruction at the start of the 112th Congress in early 2011 but it did not work. He says a rule change is necessary.

Merkley and Udall have talked to many of the Senate Democratic freshmen since the election to shore up their support.

“The talking filibuster is still very much on the table. Ask the new ones coming in what they feel about it,” Udall said.

“I’ve been speaking with them. I am very supportive of reform and feel like this talking filibuster is exactly what the rule was designed to do historically,” said Sen. Tammy BaldwinTammy Suzanne BaldwinAmerican women will decide who wins and loses in 2018 elections Grassley, Dems step up battle over judicial nominees 10 Senate Democrats are up for reelection in Trump country MORE (D-Wis.), who replaced Sen. Herb Kohl (D-Wis.).

Sen. Joe DonnellyJoseph (Joe) Simon DonnellyDemocrats now attack internet rules they once embraced Dem group launches M ad buy to boost vulnerable senators Senate rejects Trump immigration plan MORE (D-Ind.), who did not sign onto a petition to “fix the broken Senate” before Election Day, also voiced support for the talking filibuster.

“One of the things I’ve always said back home in Indiana — if you want to get credit for something, you ought to earn it,” he said. “If you want to get up and declare filibuster, you ought to have to do it.

“You have to earn it,” he said.

Sen. Angus KingAngus Stanley KingLawmakers are failing in duty to respond to the American people Congress fails miserably: For Asian-Americans, immigration proposals are personal attacks GOP senators float fallback plan to protect Dreamers MORE (Maine), an Independent who will caucus with the Democrats, said it would be “preferable” for filibuster reform to include the talking filibuster. He said it is also important to allow the minority party the ability to offer and vote on amendments, even if they might put members of the majority in political discomfort.

“At the very least, if you’re going to try to filibuster a bill, you should stand on the floor and show to the American public what you’re for and what you’re against,” said Sen. Chris MurphyChristopher (Chris) Scott MurphyLawmakers feel pressure on guns Trump to take steps to ban bump stocks Kasich’s campaign website tones down gun language after Florida shooting MORE (D-Conn.), who has taken former Sen. Joe Lieberman’s (I) seat. “I want the strongest filibuster reform. I’m going to support the efforts of Sens. Merkley and Udall.”

Sen. Elizabeth WarrenElizabeth Ann WarrenTrump's SEC may negate investors' ability to fight securities fraud Schatz's ignorance of our Anglo-American legal heritage illustrates problem with government Dems ponder gender politics of 2020 nominee MORE (D-Mass.) said she, too, wants filibuster reform to require senators to hold the floor to block bills.

Hirono and Heitkamp were the least explicit. 

“She broadly supports the goal of filibuster reform but is reviewing the proposals on the table,” said a spokesman for Hirono.

Heitkamp said, “I’m not sure yet. I haven’t had a chance to get a complete brief.”