Democrats Finally Getting Ready to Kill the Filibuster


Republicans have now made clear that they’re willing to filibuster all of President Obama’s nominees to the DC circuit court. This is not because they have any specific objections to them, but simply because they want to preserve the court’s conservative majority even though they lost the election. Greg Sargent reports that this is such a sweeping position that Harry Reid no longer thinks there’s any chance of brokering a compromise on the matter. The only option left, according to a senior leadership aide, is to go nuclear and do away with the filibuster entirely:

“Reid has become personally invested in the idea that Dems have no choice other than to change the rules if the Senate is going to remain a viable and functioning institution,” the aide says….Asked if Reid would drop the threat to go nuclear if Republicans green-lighted one or two of Obama’s judicial nominations, the aide said: “I don’t think that’s going to fly.”

Reid has concluded Senate Republicans have no plausible way of retreating from the position they’ve adopted in this latest Senate rules standoff, the aide says. Republicans have argued that in pushing nominations, Obama is “packing” the court, and have insisted that Obama is trying to tilt the court’s ideological balance in a Democratic direction — which is to say that the Republican objection isn’t to the nominees Obama has chosen, but to the fact that he’s trying to nominate anyone at all.

Reid believes that, having defined their position this way, Republicans have no plausible route out of the standoff other than total capitulation on the core principle they have articulated, which would be a “pretty dramatic reversal,” the aide continues.

But does Reid have the votes? The New York Times reports that Republican obstruction has finally gotten so outrageous that even previously cautious Democrats are now supporting Reid’s position:

Mr. Reid, of Nevada, has picked up crucial support from some of his more reluctant members recently. Senator Patrick J. Leahy, Democrat of Vermont and the longest-serving member of the Senate today, who is chairman of the Judiciary Committee, has endorsed putting limits on the filibuster despite his history of being protective of Senate institutions. The two senators from California, Dianne Feinstein and Barbara Boxer, said separately on Tuesday that they were leaning toward a rules change.

….The stakes seem higher this time for many Democrats. Many of them strongly believe that if Mr. Obama is not able to appoint any judges to the court — Republicans have rejected four of the five nominees he has submitted — it will retain its conservative bent for decades. It is a crucially important court for any White House because it often decides cases that relate to administration or federal agency policies.

At various points over the past year, Republicans have refused to confirm any nominees to the NLRB so that it would lose its quorum and be unable to pass new rules; they have refused to confirm any chairman of the CFPB in order to prevent it from functioning at all; they have threatened to destroy America’s credit unless Obamacare was defunded; and now they’re refusing to confirm any nominees to the DC circuit court in order to preserve its conservative tilt. Reid eventually managed to cut deals on the NLRB, the CFPB, and Obamacare, but as Feinstein says, “We left with a very good feeling there would be a new day. Well, the new day lasted maybe for a week.”

Add all this up—the NLRB, the CFPB, the debt ceiling extortion, and the DC court filibusters—and it’s now clear that Republicans have no intention of allowing Obama to govern normally. Instead, they have adopted a routine strategy of trying to nullify legislation they don’t like via procedural abuse. As Sargent puts it:

The GOP position is not grounded in an objection to Obama’s nominees or to the function of the D.C. Circuit Court of Appeals; it’s grounded in the argument that Obama should not have the power to make these appointments to the court at all. As Jonathan Chait argues, Republicans may not have even thought through the full implications of the position they’ve adopted. But Dems have, and taking it to its logical conclusion, they believe Republicans have presented them with a simple choice: Either they change the rules, or they accept those limits on Obama’s power. And that really leaves only one option.

Yep.

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

AN IMPORTANT UPDATE

We’re falling behind our online fundraising goals and we can’t sustain coming up short on donations month after month. Perhaps you’ve heard? It is impossibly hard in the news business right now, with layoffs intensifying and fancy new startups and funding going kaput.

The crisis facing journalism and democracy isn’t going away anytime soon. And neither is Mother Jones, our readers, or our unique way of doing in-depth reporting that exists to bring about change.

Which is exactly why, despite the challenges we face, we just took a big gulp and joined forces with the Center for Investigative Reporting, a team of ace journalists who create the amazing podcast and public radio show Reveal.

If you can part with even just a few bucks, please help us pick up the pace of donations. We simply can’t afford to keep falling behind on our fundraising targets month after month.

Editor-in-Chief Clara Jeffery said it well to our team recently, and that team 100 percent includes readers like you who make it all possible: “This is a year to prove that we can pull off this merger, grow our audiences and impact, attract more funding and keep growing. More broadly, it’s a year when the very future of both journalism and democracy is on the line. We have to go for every important story, every reader/listener/viewer, and leave it all on the field. I’m very proud of all the hard work that’s gotten us to this moment, and confident that we can meet it.”

Let’s do this. If you can right now, please support Mother Jones and investigative journalism with an urgently needed donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate