Calling the filibuster bluff
Op-ed
By Renee Loth
Because of a 1975 rules change that allows 41 or more senators to hold up legislation merely by expressing their intention to filibuster, the tactic has become almost routine, cheapened beyond recognition by the Beltway’s new math. A filibuster that doesn’t actually disrupt the Senate’s business doesn’t cost anything, so it’s easy to pull the trigger.
This so-called gentleman’s filibuster - all of the obstruction with none of the inconvenience - gives inordinate power to a few fence-sitters. Right now, it’s Joseph Lieberman of Connecticut and Ben Nelson of Nebraska. Both are considering joining Republicans in a filibuster if they don’t get their way on health reform.
Because Democrats have only the most tentative hold on 60 seats (including Lieberman, who ran as an independent but caucuses with the Democrats), party leaders and the Obama administration are scrambling to accommodate their apostates. But what Lieberman and Nelson are threatening is not a filibuster - it’s a filibluster. Why not call their bluff? Force a real filibuster, make Lieberman bring the business of the Senate to a screeching halt in order to defend insurance industry interests, and see how the American people respond. Show Nelson holding up his party’s most important legislation in a generation. And put the 40 Republicans on display as the party of No.
There’s some precedent for this approach. In 1995, House Speaker Newt Gingrich’s move to shut down the government in a high-stakes budget dispute with President Clinton backfired badly. When veterans couldn’t get their benefits and American families on vacation found the national parks shuttered, Gingrich discovered people liked their government after all. He withdrew.
Of course it’s a risk. But the alternative is no bill at all, or one so watered down as to be a hollow victory.
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http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2009/11/13/calling_the_filibuster_bluff/