Faking a Filibuster

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Over the past couple of years it’s become a liberal rallying cry that if Republicans want to filibuster every bill, then Harry Reid ought to make them carry out a real filibuster, Jimmy Stewart style.  Make ’em talk.  Make ’em read from the phone book.  Put it all on CSPAN and let the American public see what GOP obstructionism is really all about.

But Ryan Grim, in an interesting piece over at the Huffington Post today, concludes that it’s not going to happen.  Apparently Reid’s office has studied the history of the filibuster and says that although at least one Republican senator can be forced to stay on the Senate floor to prevent a vote, he can’t be forced to talk.  Bob Dove, who worked as a Senate parliamentarian from 1966 until 2001, agrees:

As both Reid’s memo and Dove explain, only one Republican would need to monitor the Senate floor. If the majority party tried to move to a vote, he could simply say, “I suggest the absence of a quorum.”

The presiding officer would then be required to call the roll. When that finished, the Senator could again notice the absence of a quorum and start the process all over. At no point would the obstructing Republican be required to defend his position, read from the phone book or any of the other things people associate with the Hollywood version of a filibuster.

….Since [Strom Thurmond in 1957], says Dove, the only time the majority tried to jam a bill through the Senate without having 60 votes ahead of time ended in failure.

Robert Byrd, a Democrat from West Virginia, was majority leader in 1988, when Democrats controlled 54 seats and wanted to push through campaign finance reform. But Republican minority leader Alan Simpson of Wyoming was easily able to block it by sitting on the Senate floor and occasionally noting the absence of a quorum, thwarting a vote….”It was almost a farce,” says Dove. “The bottom line is the bill never passed.”

Back to square one, then: get rid of the filibuster entirely.  I wouldn’t hold my breath waiting for that to happen, though.

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Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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