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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.

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Of the nine newest senators to join the Senate Democratic Conference, only Sens. Mazie HironoMazie Keiko HironoKavanaugh tensions linger after bitter fight Chris Cuomo: Presumption of innocence didn't apply to Kavanaugh because it wasn't a court case Lindsey Graham hits Dem senator: 'The Hirono standard is horrific' MORE (D-Hawaii) and Heidi HeitkampMary (Heidi) Kathryn HeitkampPoll: Dem Donnelly has 4-point lead in Indiana Senate race Election Countdown: O'Rourke goes on the attack | Takeaways from fiery second Texas Senate debate | Heitkamp apologizes for ad misidentifying abuse victims | Trump Jr. to rally for Manchin challenger | Rick Scott leaves trail to deal with hurricane damage Heitkamp: Staffer no longer with campaign after ad naming abuse victims 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 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.) favor more modest reform and have recruited Republicans to press for a negotiated solution.

Junior Democrats, including Sens. Tom UdallThomas (Tom) Stewart UdallSenate Dems ask Trump to disclose financial ties to Saudi Arabia Hillicon 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 MORE (N.M.) and Jeff MerkleyJeffrey (Jeff) Alan MerkleySenate Dems ask Trump to disclose financial ties to Saudi Arabia Poll: Dem incumbent holds 5-point lead in Oregon governor's race Trump, Feinstein feud intensifies over appeals court nominees 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 McCainMcConnell: GOP could try to repeal ObamaCare again after midterms Comey donates maximum amount to Democratic challenger in Virginia House race Live coverage: McSally clashes with Sinema in Arizona Senate debate 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 CardinGOP leaders hesitant to challenge Trump on Saudi Arabia Dem senator: Trump accepts Saudi denials because he is 'enamored' with dictators Saudi mystery drives wedge between Trump, GOP MORE (D-Md.), Charles SchumerCharles (Chuck) Ellis SchumerMcConnell says deficits 'not a Republican problem' Medicare for All is disastrous for American seniors and taxpayers Senate Dems race to save Menendez in deep-blue New Jersey MORE (D-N.Y.), Lamar AlexanderAndrew (Lamar) Lamar AlexanderOvernight Health Care — Presented by the Coalition for Affordable Prescription Drugs — Senate blocks Dem measure on short-term health plans | Trump signs bill banning drug price 'gag clauses' | DOJ approves Aetna-CVS merger | Juul ramps up lobbying Trump signs bills banning drug pricing 'gag clauses' Senate defeats measure to overturn Trump expansion of non-ObamaCare plans MORE (R-Tenn.), Jon Kyl (R-Ariz.) and John BarrassoJohn Anthony BarrassoWhy grizzly bear hunting season isn’t happening Trump poised to sign bipartisan water infrastructure bill Dems to force health care vote weeks before Nov. midterms 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 HeinrichSenate Dems ask Trump to disclose financial ties to Saudi Arabia For everyone’s safety, border agents must use body-worn cameras Electric carmakers turn to Congress as tax credits dry up 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 KaineOvernight Defense: Trump says 'rogue killers' could be behind missing journalist | Sends Pompeo to meet Saudi king | Saudis may claim Khashoggi killed by accident | Ex-VA chief talks White House 'chaos' | Most F-35s cleared for flight Democrats torch Trump for floating 'rogue killers' to blame for missing journalist Election Countdown: O'Rourke brings in massive M haul | Deal on judges lets senators return to the trail | Hurricane puts Florida candidates in the spotlight | Adelson spending big to save GOP in midterms 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 BaldwinHillicon Valley: Facebook deletes accounts for political 'spam' | Leaked research shows Google's struggles with online free speech | Trump's praise for North Korea complicates cyber deterrence | Senators want Google memo on privacy bug Poll: Baldwin leads GOP challenger by double digits in Wisconsin The Hill's Morning Report — Presented by PhRMA — Trump, Pence fan out to protect the Rust Belt MORE (D-Wis.), who replaced Sen. Herb Kohl (D-Wis.).

Sen. Joe DonnellyJoseph (Joe) Simon DonnellyPoll: Dem Donnelly has 4-point lead in Indiana Senate race Election Countdown: O'Rourke goes on the attack | Takeaways from fiery second Texas Senate debate | Heitkamp apologizes for ad misidentifying abuse victims | Trump Jr. to rally for Manchin challenger | Rick Scott leaves trail to deal with hurricane damage Credit union group to spend .8 million for vulnerable Dem, GOP incumbents 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 KingCollusion judgment looms for key Senate panel People have forgotten 'facade' of independent politicians, says GOP strategist Senate poised to confirm Kavanaugh after bitter fight 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 MurphySaudi mystery drives wedge between Trump, GOP Overnight Defense: Trump worries Saudi Arabia treated as 'guilty until proven innocent' | McConnell opens door to sanctions | Joint Chiefs chair to meet Saudi counterpart | Mattis says Trump backs him '100 percent' Pompeo: Saudis committed to 'accountability' over journalist's disappearance 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 WarrenWarren and Sanders question Amazon CEO over Whole Foods anti-union video Senate Dems ask Trump to disclose financial ties to Saudi Arabia Republicans should prepare for Nancy Pelosi to wield the gavel 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.”