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Reid will postpone filibuster reform

Senate Majority Leader Harry ReidHarry Mason ReidSenate heads home to campaign after deal on Trump nominees GOP has always been aggressive in trying to weaponize the system of judicial nominations Republicans come full circle with Supreme Court battle to the end MORE (D-Nev.) will postpone filibuster reform until later this month, giving him time to negotiate a deal with Republicans, say Democratic lawmakers and aides.

A group of liberal Democrats had been pushing Reid to trigger the so-called "nuclear option" on Thursday, the first day of the 113th Congress, to make it more difficult for the minority to stall legislation and nominees.

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A senior Democratic aide said Reid will instead recess the chamber at the end of Thursday’s proceedings to extend the legislative day until later this month.

This would preserve his ability to amend the Senate’s filibuster rules on the first legislative day of the 113th Congress, even if that reform would not come until late January.

A Democratic aide said Reid is hoping to negotiate a standing order or rules change to improve the chamber’s efficiency when it resumes work, likely on Jan. 22, after President Obama’s inauguration.

“I think the conversation is going to continue between [Senate Minority Leader Mitch] McConnell [(R-Ky.)] and Harry Reid about this. I think they’re going to see if there’s a way to reach a bipartisan agreement, they’re still talking,” said Senate Democratic Whip Dick DurbinRichard (Dick) Joseph DurbinDurbin opposes Saudi arms sale over missing journalist Noisy democracy, or rude people behaving like children? Kavanaugh tensions linger after bitter fight MORE (Ill.).

“We’re going to preserve our rights, we’re going to stay in the first legislative day and deal with the rules when we get back after the inauguration,” said Sen. Tom UdallThomas (Tom) Stewart UdallHillicon Valley: Officials warn of Chinese influence efforts | Dow drops over 800 points | Tech stocks hit hard | Google appeals B EU fine | James Murdoch may be heading for Tesla | Most Americans worried about election security For everyone’s safety, border agents must use body-worn cameras Senate Democrats increase pressure for FBI investigation of Kavanaugh MORE (D-N.M.), a leading proponent of reform.

Reid and McConnell will use a bipartisan proposal crafted by Sens. Carl LevinCarl Milton LevinCongress must use bipartisan oversight as the gold standard National security leaders: Trump's Iran strategy could spark war Overnight Defense: McCain honored in Capitol ceremony | Mattis extends border deployment | Trump to embark on four-country trip after midterms MORE (D-Mich.) and John McCainJohn Sidney McCainLive coverage: McSally clashes with Sinema in Arizona Senate debate Is there difference between good and bad online election targeting? Murkowski not worried about a Palin challenge MORE (R-Ariz.) as the basis of their talks.

Levin and McCain, the chairman and ranking Republican of the Senate Armed Services Committee, respectively, have put forward a three-part reform of the filibuster rule.

Their proposal would make it easier for the majority leader to take up new business by empowering him to deny the minority the ability to filibuster motions to proceed. In exchange, the leader would have to guarantee the minority leader and a bill’s minority manager each the right to offer an amendment, even an amendment on non-germane business.

The leader would have the option of scheduling an immediate vote to end a filibuster of a motion to proceed if five additional senators from each caucus sign a cloture motion.

Additionally, the Levin-McCain plan would speed the process for bringing legislation to conference negotiations with the House. It would collapse the three motions currently needed to proceed to conference into one motion that could be voted on after two hours of debate.

Their proposal would also speed consideration of lower-level executive and judicial branch nominees. Motions to end debate on non-Cabinet-level officials and district court nominees could receive votes after two hours of debate.

Levin and McCain have proposed putting the new process in place through a standing order, which would need to be approved by three-fifths of the Senate and would sunset at the end of two years.

If Reid used the nuclear option, which proponents call the “Constitutional option,” he could change the Senate’s filibuster rules with a simple majority vote. But it’s a controversial tactic that has never been actually employed to change Senate rules. The threat of its use has motivated the minority party to broker compromises in the past.

Liberals say the Levin-McCain proposal is inadequate because it would not implement their highest-priority reform, the so-called talking filibuster.

Udall and Jeff MerkleyJeffrey (Jeff) Alan MerkleyEPA chief calls racist Facebook post he liked ‘absolutely offensive’ Dem senators urge Pompeo to reverse visa policy on diplomats' same-sex partners Overnight Defense — Presented by The Embassy of the United Arab Emirates — Missing journalist strains US-Saudi ties | Senators push Trump to open investigation | Trump speaks with Saudi officials | New questions over support for Saudi coalition in Yemen MORE (D-Ore), the leading advocates for filibuster reform, say lawmakers who filibuster legislation should be required to actively hold the floor and debate. This would make it more arduous for senators who want to hold up business — they would have to organize teams to hold the floor for days or even weeks on end.

Udall said he would have to be convinced to support the Levin-McCain plan because it would not implement a talking filibuster rule, which he said is “the heart of the matter”
 
He said Reid may insist on it as part of any overhaul of Senate rules.
 
“The talking filibuster is still very much on the table,” Udall said.

—This report was originally published at 4:01 p.m. and last updated at 5:56 p.m.