By Juan Williams - 03/25/13 09:00 AM EDT
As a brazen political strategy to make Democrats’ 54-vote control of the Senate meaningless, the filibuster continues working to perfection for Senate Republicans.
But just as spring brings cherry blossoms to D.C., Democrats in the leadership are now showing budding signs of being willing to fight the GOP’s corrupt use of filibusters.
At a forum hosted by the Wall Street Journal last Wednesday, Senate Democratic Whip Dick DurbinDick DurbinOpioid package clears key Senate hurdle Overnight Healthcare: Feds defend ObamaCare's affordability DNC chief spared in Sanders-Clinton talks: report MORE (Ill.) for the first time spoke with deep regret about having failed to back filibuster reform in January at the start of the new Congress.
“I supported Harry’s (Senate Majority Leader Harry ReidHarry ReidSuper-PAC targets Portman on trade Dem leader urges compromise on FCC set-top box plan Senate Dems introduce Iran sanctions extension MORE (D-Nev.) decision to try to work out a bipartisan agreement on the rules, because I think it’s in the best interests of the institution, but I can tell you the abuse that we’ve seen since then is not encouraging at all,” Durbin said.
“I think we need to get back to regular order, and that means stopping the abuse of the filibuster.”
When pressed for specifics, Durbin answered the Senate may have to “change the rules.”
Durbin was reacting to a move by Sen. Jerry MoranJerry MoranMeet the rising GOP star who already enrages the left GOP warming up to Cuba travel Senate clears FAA authorization bill MORE (R-Kan.) to block a vote on the Senate’s Continuing Resolution — a temporary measure to fund the government through the end of this fiscal year and avoid a government shutdown.
Moran demanded a vote on his amendment to prevent some upcoming sequestration budget cuts, in exchange for allowing the vote on the continuing resolution to go through.
Reid also spoke in anger about Moran’s move: “It is things like that that will cause the Senate to have to reassess all the rules because right now they accomplish so little.”
Earlier this month, Reid showed the first sign of being willing to fight on filibusters.
He openly voiced regret for not backing filibuster reform after the GOP’s silent filibuster of one of President Obama’s judicial nominees, Caitlin Halligan.
“On one hand, my Republican colleagues did not practice regular order. Instead they demanded a 60-vote threshold for confirmation of a qualified nominee, Caitlin Halligan, to the U.S. Court of Appeals for the D.C. Circuit,” Reid said.
“Republicans hid behind a cloture vote — a filibuster by another term — to prevent a simple up or down vote on this important nomination. They took the easy way out.”
Obama withdrew Halligan's nomination last Friday, citing the "unjustified filibuster."
But for all the sparks of fight and anger now coming from the Democrats, the GOP is planning more filibusters.
The Republicans are in the planning stage of filibustering several members of the president’s new slate of nominees to head federal agencies.
The president’s nominee to head the Environmental Protection Agency, Gina McCarthyGina McCarthyOvernight Energy: Officials close in on new global emissions deal EPA chief: US, negotiators nearing new emissions deal Overnight Energy: Warren defends Exxon probe | Pipeline firm reaches 7M oil spill settlement MORE, has already had a hold placed on her nomination by Sen. Roy BluntRoy BluntOvernight Energy: Officials close in on new global emissions deal 40 senators seek higher biodiesel mandate Top Dem Senate hopefuls to skip convention MORE (R-Mo.)
Never mind that McCarthy served as an environmental policy adviser to Republican Mitt Romney when he was the Governor of Massachusetts.
Never mind that the Senate Environment and Public Works committee had not even scheduled a date for McCarthy’s confirmation hearings yet where she could answer the Republican’s concerns.
The same playbook is being used against Obama’s nominee to be Secretary of Labor, Thomas PerezThomas E. PerezClinton’s top five vice presidential picks Government social programs: Triumph of hope over evidence Labor’s 'wasteful spending and mismanagement” at Workers’ Comp MORE.
Republican Sens. David VitterDavid VitterDavid Duke will bank on racial tensions in Louisiana Senate bid Former KKK leader David Duke running for Senate Six senators call on housing regulator to let Congress finish housing finance reform MORE (La.) and Chuck GrassleyChuck GrassleyTop Dem Senate hopefuls to skip convention Election to shape Supreme Court Why one senator sees Gingrich as Trump's best VP choice MORE (Iowa) have vowed to block Perez’s nomination.
In an interview with the National Review Online, Grassley, who is the top Republican on the Senate Judiciary panel, laid down this marker: “At this point, I want to wait until I get answers to the questions, if I don’t get answers to the questions, I’ll work to block his nomination.”
Keep in mind this Senate GOP caucus has already broken with hundreds of years of Senate precedent and filibustered the nomination of a Cabinet secretary, Chuck HagelChuck HagelThere's still time for another third-party option Hagel says NATO deployment could spark a new Cold War with Russia Overnight Defense: House panel unveils 5B defense spending bill MORE for Secretary of Defense.
They used the same filibuster weapon — with Sen. Rand PaulRand PaulWhat to watch for on Day 2 at the GOP convention Cyber squatters sitting on valuable VP web addresses Majority of GOP senators to attend Trump convention MORE (R-Ky.) leading the way — to injure and delay John Brennan’s nomination as CIA Director.
The GOP filibuster strategy is proving to be the tool of choice for draining momentum from President Obama’s reelection mandate.
It stops the Democratic majority in the senate from controlling the Senate. And it makes it difficult for the president to put his nominees in place to govern the country.
The GOP is betting that voters will blame Democrats for the dysfunction in Congress as much as they blame the GOP.
And so far, the bet is paying off, because the press is failing to call out the GOP for an extreme and nasty political strategy of demanding a super-majority of 60 votes —the votes required to break a filibuster — to get anything done.
There is, however, one thing that could end the GOP blockade and shake up the ossified politics of D.C.
And that is filibuster reform.
Sen. Jeff MerkleyJeff MerkleyClinton VP pick could face liberal ire NBA pulls All-Star Game from NC over bathroom law Liberals press Clinton not to pick Kaine for VP MORE (D-Ore.) and Sen. Tom UdallTom UdallThe Hill's 12:30 Report Overnight Energy: Senate spending bill takes aim at EPA rules Senate spending bill trims EPA spending, blocks regs MORE (D-N.M.) want to require senators to come to the floor to speak during a filibuster.
No more silent filibusters based on threats.
To be sure, robust congressional oversight is an essential part of our democracy.
But using oversight to justify twisting the filibuster rule into a weapon to obstruct a twice-elected president’s ability to govern undermines our democracy.
How long will it take for Reid and Durbin to fix the problem?