Senate Minority Leader Mitch McConnell has until Thursday to defuse a standoff over filibuster changes, because Majority Leader Harry Reid indicated Tuesday that he is otherwise going to go “nuclear” on Republicans.
The Nevada Democrat on Tuesday outlined a package to his fellow party members that would eliminate at least one filibuster option for Republicans and place the burden of obstruction on the minority if they want to block other agenda items.
Reid, who has been in talks with the Kentucky Republican on a compromise plan, told reporters Tuesday afternoon that he hopes to have a bipartisan agreement on changes to the filibuster rule within the next 24 hours to 36 hours, but he emphasized that he was prepared to use the blunt object known as the “nuclear” or “constitutional” option, if needed.
Republican senators expressed optimism that there would be a path forward, but they left it to Reid and McConnell to work out the details.
“I think the two leaders are talking about it. I think they both probably talked about it at lunch, and my belief is they still have a little more talking to do, but we’ll see,” GOP Conference Vice Chairman Roy Blunt of Missouri said. “My guess would be that ... we need to decide this and probably will decide it pretty quickly.”
In the absence of a bipartisan agreement, Reid’s plan would eliminate filibusters on motions to proceed and require the minority to muster 41 votes to block other agenda items.
Reid’s ability to determine which items the Senate will take up has been hamstrung by the threat of filibusters on motions to proceed, which must be adopted for the Senate to formally debate most items. Traditionally, motions to proceed have been seen as the prerogative of the majority leader, but Republicans have objected to them more and more in recent years as a way of blocking or slowing down legislation.
Republicans counter that they have been forced to use the tactic because Reid too often uses a procedural device known as “filling the tree” to prevent them from offering amendments.
The package under discussion would strengthen Reid’s hand in agenda-setting and controlling time, but it may not make it much easier to actually pass bills.
Democrats have insisted they can change the rules at the beginning of a Congress with a simple majority, while Republicans have said the rules allow the minority to erect a 67-vote threshold for such alterations.
Sen. Tom Harkin, D-Iowa, said that while the package Reid presented would not go as far as he would like, it would represent an improvement over the status quo. Harkin has long pushed for a far-reaching proposal that would gradually decrease the number of votes needed to limit debate, or invoke cloture. Reid’s latest plan would set up a process that would require 41 votes in order to maintain a filibuster. Currently, the majority is required to find 60 affirmative votes to invoke cloture, but Reid’s plan would force 41 senators to show up to oppose the debate-limiting motion.
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