#319: Top Ten Filibuster Reforms
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The 50 Democratic senators, plus Vice President Kamala Harris (51), could reform the Filibuster (60 votes needed to pass legislation), if they could settle on a plan. But since at least two Democrats have said 'no' to ending the Filibuster, Republican senators would be needed for abolition, or, if it were modest in scope, mere reform might be possible.
So, let's take a look at the various options that have been proposed (see Michael Ettlinger's article in Vox for more detail; and New York magazine's Eric Levitz has the latest; plus here's an idea that would probably be too easy to undermine: a limited number of filibuster attempts per 2-year period).
Counting down, in reverse order, the ideas least-to-most likely to pass the Senate.
10. Base It On Majority of US Population
Each senator is awarded half of their state's population, so Diane Feinstein (CA) and Ted Cruz (TX) wield enormous power. Why so unlikely? Too many small state senators would miss out.
9. The Ratchet Plan
A filibustered bill is voted on again after compromises are agreed to, and then again, etc., with the 60-vote threshold lowered each time. This is doing away with the filibuster...slowly. So, still very unlikely.
8. Let The Next Election Settle It
All filibustered legislation is voted on again, after the next election, at which time no filibuster is possible. So, a slightly drawn out filibuster elimination, (Senate elections are every two years).
7. Single Exception: The Debt Limit
Republicans (and conservative Democrats) like the debt limit. It focuses attention on government largesse. So, unlikely, though less so than #8 through #10.
6. Single Exception: Government Funding
Republicans, as a rule, don't look favorably on government action, so why would they agree to make the funding of government easier to accomplish? And, this would be an awfully big step for 'pro-Filibuster' Democrats.
5. Lower The Threshold To Less Than 60
What about 59? Or 56 (that is, 5/9ths)? Maybe if there were six Republicans willing to vote for an Immigration bill, for example, a change could be made. It would be bi-partisan!
4. Make 'Em Talk Round The Clock
At least one senator has to talk for hours and hours until nobody wants to talk any more. It's how Americans think the Filibuster works, when in reality the threat of a Filibuster is all it takes, since the Majority can't afford to waste time. So, nobody really wants this kind of reform.
3. Make 'Em Stay on the Floor
The way it works now, 60 votes are needed to end the threat of a Filibuster. This reform would require at least 40 senators be present on the Senate floor to keep a Filibuster going. So, old people on uncomfortable cots--unlikely, though it might get entertaining.
2. Single Exception: Voting Rights
This would strip Republicans of their overall strategy, which is to make it harder for certain groups to vote. So, hard to see this attracting Republicans. Maybe all 50 Dems? Could be a way for 'no'-to- abolishing-the-Filibuster Democratic senators to show they're Democrats, but not by doing the Filibuster much if any harm. Comes close to being #1, since Democrats, as a party, need to stop the flood of voting restrictions in Republican-controlled states.
1. Single Exception: Science
Are Republicans eager to be seen by history as anti-Science? This would use existing government science experts to give a thumbs-up on legislation, similar to how the Congressional Budget Office evaluates the financial implications of legislation. If government scientists thought that a given bill was the likeliest way forward, 50+1 votes would be needed, instead of 60.
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