I wander if there still wouldn't be a way out of this mess, even with the agreement in place.
What if, with the announcement of a cloture vote, there would simply be a requirement that the vote of 2/5ths of seated Senators would be needed to deny cloture, along with the 50 needed to maintain a quorum.
This preserves the filibuster option, but puts the pressure on the minority to keep at least forty members in the Senate chamber at all times and keep talking. As soon as there is a quorum and 40 members of the minority are not present, cloture could be invoked. So, for example, a vote of 11 for cloture and 39 against would result in closing debate and scheduling a vote on the issue. In addition, the rule could also say that at whatever point there is no one to continue debate, cloture is automatically invoked. If the Republicans did this, they could "preserve" the filibuster but place all the burden on the Democrats to keep almost their entire caucus there at all hours. Republicans would only need to keep 10 or 11 in chambers in the waiting game. This allows the rest of the Republicans to hit the talk shows, etc.
Since this is not the original constitutional option, the 7 would be free to vote for this rule change. This would restore Senate tradition, preserve the filibuster, all the talking points of the Democrats. But it would prevent them from sustaining it forever and they would have to fold at some point.
What do you all think?
It took me awhile to grasp the principles involved in cloture, and a brief trip to the link to Robert's Rules of Order may help you to see it too. It is dishonest to tie up a deliberative body with a refusal to vote, once one knows one's position.
If it is to be codified, I recommend changing Rule XXXI (nominations) so that it has a clause similar to 1(d) of Rule XXX (treaties).
(d) On the final question to advise and consent to the ratification in the form agreed to, the concurrence of twothirds of the Senators present shall be necessary to determine it in the affirmative; but all other motions and questions upon a treaty shall be decided by a majority vote, except a motion to postpone indefinitely, which shall be decided by a vote of twothirds.I think it was error to invoke Rule XXII (cloture) in the context of a nomination. Rule XXII is loaded with steps that pertain to legislation, and are totally irrelevant for the Executive business of providing advice and consent to a nomination.http://rules.senate.gov/senaterules/rule30.htm