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Analysis: Dems reach breaking point on filibusters

Monday - 11/25/2013, 3:34am  ET

In this Nov. 21, 2013, photo, from left, Sen. Charles Schumer, D-N.Y., Senate Majority Leader Harry Reid of Nev., and Senate Majority Whip Richard Durbin of Ill., speak after a vote to weaken filibusters and make it harder for Republicans to block confirmation of the president's nominees for judges and other top posts during a news conference on Capitol Hill in Washington. As Democrats watched Senate Republicans use filibuster powers to thwart more and more of President Barack Obama’s agenda and nominees, they asked themselves, How much worse can it get? Last week they reached a breaking point. GOP obstruction had made a mockery of democracy, party leaders concluded. (AP Photo/J. Scott Applewhite)

CHARLES BABINGTON
Associated Press

WASHINGTON (AP) -- As Democrats watched Senate Republicans use filibuster powers to thwart more and more of President Barack Obama's agenda and nominees, they wondered how much worse it could get.

They finally reached a breaking point this past week when party leaders concluded that what they called GOP obstruction had made a mockery of American democracy.

The Senate vote Thursday to curb some filibuster powers, after years of hesitation, will go down as a singular moment. Historians may view it as an inevitable step in the relentless march of partisanship, which severely has damaged the ability of Congress to conduct even routine business.

Senate Democrats opened themselves up to future retaliation by furious Republicans in order to let Obama, a Democrat, do things many of his predecessors typically did with minimal fuss: fill executive jobs and vacant judgeships.

"They're at peace with the idea that this president, along with future presidents, deserve to, with rare exceptions, put their own people in place," said Jim Manley, who spoke Friday with his former boss, Senate Majority Leader Harry Reid, D-Nev.

"The current situation was untenable," Manley said, "and something had to change."

The final straw for Democrats came when Republicans used the filibuster, which allows 41 of the 100 senators to block almost any action, to bar Obama nominees from three vacancies on a powerful federal appeals court. Republican senators didn't pretend the nominees were unqualified, which struck some Democrats as a virtual taunt. Democrats dismissed the GOP claim that the vacancies needn't be filled at all.

In Democrats' eyes, the Senate's 45 Republicans had turned democracy on its head. The party that lost the past two presidential elections and failed to win control of the Senate nonetheless was dictating who the president could or could not appoint to important government posts.

"Today's pattern of obstruction, it just isn't normal," Obama said, praising the Senate's 52-48 vote to change the rules. Republicans used the filibuster "as a reckless and relentless tool," he said, "simply because they opposed the policies that the American people voted for in the last election."

"Neither party has been blameless for these tactics," the president noted. Indeed, Democrats blocked or delayed so many of President George W. Bush's appointees that Republicans, who ran the Senate in 2005, threatened to curtail filibuster powers in much the same way Democrats have done now. A bipartisan truce halted that effort, but it didn't last long.

Senate Republican leader Mitch McConnell of Kentucky now says Obama and other Democrats will regret destroying a time-honored protection of minority rights in Congress, "perhaps a lot sooner than you think."

"The solution to this problem is an election," said a visibly angry McConnell. "We look forward to having a great election in 2014."

Yet in a sharply divided society, U.S. elections often settle less than the winners had hoped.

Bush won re-election in 2004, but got nowhere trying to partly privatize Social Security. Obama was given a second term last year after defending his landmark health care law, only to find congressional Republicans as determined as ever to undo it.

House Republicans, who control their chamber by 32 seats, voted 40 times to rescind or restrict that law. In the Senate, where Republicans have a 10-seat disadvantage, they increasingly turned to the filibuster to block the president's agenda as much as possible.

Both parties had a different view when the power structure was reversed. Republicans in 2005 threatened to curtail filibuster powers when they controlled the Senate. A bipartisan truce halted the effort. It didn't last long.

Obama told reporters that in the 60 years before he took office, "only 20 presidential nominees to executive positions had to overcome filibusters. In just under five years since I took office, nearly 30 nominees have been treated this way."

Now people ask whether the Senate rules change will make things better for the government and nation, or worse. Reid said it will help the country and the Senate. Others disagree, saying the quarrels will grow even hotter.

Thursday's actions did not prevent the minority party from using filibusters to block legislation or Supreme Court nominees. Sooner or later, some activists in both parties say, those barriers will fall, too.

"It is just a matter of time -- perhaps as soon as the next Congress -- before one party or the other eliminates the filibuster for legislation, not just judicial appointments," said John Ullyot, a GOP Senate aide during the 2005 filibuster debates. "The genie is out of the bottle," he said, "and there's no putting it back in."

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