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Tuesday, January 4, 2011

postheadericon Senate Dems face delays in effort to reform filibuster

Democrats face delays in their effort to reform Senate rules to weaken the filibuster, a leader of that effort acknowledged Monday night.

Sen. Jeff Merkley (D-Ore.) said that Democrats' attempt to adopt new Senate rules would wait until later in January, when they would try and execute the so-called "constitutional option" to change Senate rules with a simple majority.

"Right now, the Senate majority leader is planning for us to come in just for a single day this Wednesday and then come back in on the 23rd or 24th," Merkley said Monday night on MSNBC.

It is at that point -- not on Wednesday, as had been originally thought -- when Democrats will attempt to modify Senate rules to weaken the filibuster, one of the principal tools of the Republican minority in the chamber.

Democrats have argued that they have the power, under the Constitution, to change the Senate's rules with only a simple majority of votes on the chamber's fir! st day of operations. In order to execute the plan in later January, they would have to technically extend the current session until later this month, and officially begin work on the next term on the 23rd or 24th.

"By precedent, by tradition, which weighs heavily in the Senate, and by a certain common sense logic, at the start of a two-year period, you set your rules out at the beginning," said Merkley, who noted the Senate may not formally adjourn before then.

The majority Democrats have complained that the GOP has abused the filibuster in order to obstruct and slow down legislation to an extent that every measure needs a supermajority of 60 votes to advance. ("We're, in fact, in a constant state of filibuster," said Sen. Tom Udall (D-N.M.), a major proponent of reform, last night on NPR.)

E! very Dem ocratic senator has signed onto a letter endorsing reform in some form, but concern about the specifics of the reform, and how it could affect the party if it loses the majority, have contributed to the delay until later this month.

Udall's proposal would eliminate secret holds on nominations and possibly narrowing the opportunities senators would have to wage filibusters. In exchange, the minority party in the Senate -- for now, Republicans -- might enjoy more opportunities to offer and approve amendments.

Sen. Lamar Alexander (R-Tenn.) will lay out the GOP position on filibuster reform later today when he speaks at the Heritage Foundation.

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