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A Reduced Filibuster

The Senate Democrats did it. Presidential nominations for executive appointments and lower court seats can no longer be filibustered. Instead, these nominations will be subject to a simple majority vote. I agree with Ezra Klein–today’s vote effectively ends the filibuster as an institution in American politics. The Senate, from this point forward, will be more like the House. I don’t know if means the ability to move the previous question will be reintroduced in the Senate, though.

Here’s some of Sarah Binder’s take:

1.  Is today’s change as landmark as reporters say?  Yes, this is big.  Jeremy Peters in the New York Timesargues that “The change is the most fundamental shift in the way the Senate functions in more than a generation.”  Peters is probably correct.  To be sure, Senate majorities have nibbled away at parts of the Senate’s Rule 22 (the cloture rule) since the threshold was last changed in 1975.  Some of those changes (such as imposing and then reducing a post-cloture debate cap) were achieved by following the formal rules of the Senate.  Others (such as banning filibusters of motions to proceed to particular nominations) were changed by mini-nuclear options, if you will.  In contrast, this is the first reform of Senate rules that changes the number of votes required to invoke cloture.  And the Democrats did it in an institutionally-gutsy way.  Senate majorities will still have to go through the steps of filing for cloture (I think!), but now a simple majority suffices to end debate to bring the Senate to an up-or-down vote on nominees.  This is what Senate Republicans called for 2005; Harry Reid has delivered it.  (Careful what you wish for.)

4. Will GOP senators retaliate by blowing up every remaining bridge in sight? This has historically been a viable threat that has undermined majorities’ efforts to go nuclear.  But such retaliation clearly did not dissuade Reid and his colleagues from going forward.  As he said on more than one occasion, how much worse can the Senate get?  Or as Greg Koger has suggested, senators are already exploiting the least costly avenues of obstruction.  To be more obstructive would likely begin to impose more costs on the minority that they might not want to absorb. Hanging around the chamber to cast votes just to slow down the majority might not be worth it for the minority.  And at some point, the risk of being tagged as obstructionist could hurt GOP senators in 2014 (though this remains to be seen of course).

This really is big. It’s difficult to understate how significant this change is and will be.

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