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Reid's ‘nuclear option’ changes rules, ends repeat filibusters
The Hill ^ | October 6, 2011 | Alexander Bolton

Posted on 10/06/2011 4:42:43 PM PDT by jazusamo

In a shock development Thursday evening, Senate Majority Leader Harry Reid (D-Nev.) triggered a rarely-used procedural option informally called the “nuclear option” to change the Senate rules.

The surprise move stunned Republicans, who did not expect Reid to bring heavy artillery to what had appeared to have been a hum-drum legislative knife fight.

Reid appealed a ruling from the chair that Senate Republican Leader Mitch McConnell (R-Ky.) does not need consent to force a vote on a motion to suspend the rules to consider an amendment after cloture has already been approved.

The maneuver is highly arcane but momentous. If a simple majority of the Senate votes to uphold Reid’s appeal, the Senate’s rules will have been changed by the unilateral action of one party.

Republicans had considered using this maneuver, dubbed the “nuclear option” in 2005, to change Senate rules to prohibit the filibuster of judicial nominees. Democrats decried the plan and the crisis was resolved by a bipartisan agreement forged by 14 rank-and-file senators known as the Gang of 14.


TOPICS: Breaking News; Government; Politics/Elections; US: Kentucky; US: Nevada
KEYWORDS: dingyharry; donothingsenate; filibusters; fuhr; harryreid; kentucky; mitchmcconnell; nevada; nuclearoption; onepartyrule; reid; ussenate
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To: Crawdad
Good article, thanks for posting.

Here's the money quote for those who are hyperventilating about the filibuster and the "nuclear option."

And just to clear up some confusion, what happened tonight was different than the so-called "nuclear option" to end filibusters. While triggering the "nuclear option" requires a Majority Leader to use the same sort of strategic maneuvers as Reid just did, tonight's move had to do with the amendment process, not filibusters.

I guess what I don't get is how this 2/3 vote was a "proxy" vote at all. The 2/3-requirement vote was for the motion to go forward, not for passage of the bill, right? So couldn't a Democrat Senator vote against the motion even if he was still in favor of Obama's "jobs bill"? They were already embarrassed on Tuesday by Reid's blocking of the vote on the bill that he supposedly has the votes for, so what would it matter?

141 posted on 10/06/2011 6:14:31 PM PDT by Future Snake Eater (Don't stop. Keep moving!)
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To: ModelBreaker
Conservatives will offer difficult to vote on amendments for liberals...

That's what the Democrats did to Republicans in 2006 and 2008.

The Democrats would offer up amendments that would force Republicans to vote against the amendments. The amendments would be worded in a way that makes the Republicans look like they're against an issue when they're really not. Then the Democrats would go back to their districts and say the Republicans were against this or that because they voted against amendment A or B.

So now the Democrats are trying to take that weapon away from the Republicans.

-PJ

142 posted on 10/06/2011 6:15:14 PM PDT by Political Junkie Too (Everyone's Irish on St. Patrick's Day, Mexican on Cinco de Mayo, and American on Election Day.)
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To: resistance

If Obama gets what he wants he should not blame the Republicans = but will.


143 posted on 10/06/2011 6:16:51 PM PDT by Loud Mime (The Obama voters are dumber than you think, meaner than you can imagine)
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Jim DeMint tweeted afterward, “World’s Greatest Deliberative Body now doesn’t allow minority amendments unless we get majority’s permission.”

And a few minutes later, “Dems rammed through Obamacare, stimulus and now rammed through rules to gag minority rights.” I’m 99 percent sure Reid’s going to relent on this once he gets his caucus together and figures out how to handle Obama’s bill, not because he’s a swell guy but because the GOP’s highly likely to take back the Senate next year and will merrily bludgeon the Democrats with this precedent unless they revoke it pronto.

Let’s see how long Reid holds out. I’d be surprised if he lasts more than a couple of days. Exit quotation: “Am I 100 percent confident that I’m right? No. But I feel pretty comfortable with what we’ve done.”


144 posted on 10/06/2011 6:17:19 PM PDT by listenhillary (Look your representatives in the eye and ask if they intend to pay off the debt. They will look away)
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To: Crawdad

Thanks again, good analysis.


145 posted on 10/06/2011 6:17:30 PM PDT by jazusamo (The real minimum wage is zero: Thomas Sowell)
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To: DustyMoment

Can it wait until April 2012? I’ll be ready then.


146 posted on 10/06/2011 6:17:53 PM PDT by griswold3 (Character is Destiny)
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To: jazusamo

This is all getting very sick. The President is organizing and backing anarchy, the DemocRATic Senate majority leader is ending the democratic process in the Senate. Labor unions are responding to a call to arms against the people. Like it or not these people are not worried about their re-election, I wonder if they have intentions of even letting elections go forward.


147 posted on 10/06/2011 6:18:15 PM PDT by swamprebel (Where liberty dwells, there is my country.)
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To: JessieHelmsJr

If I was a cuss’n woman I would expound on your laudable description of RICHARD BURR (NC). May the fleas of a thousand camels infest his stink’n Rino armpits....


148 posted on 10/06/2011 6:18:43 PM PDT by johnsmom (I must be dreaming 'cause this can't be real)
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To: jazusamo

Watch. In January 2013 when the Dems are in the minority there will be a huge media push for the “sacred”, “constitutinal” filibuster. Democrats will give emotional speeches in the well of the Senate which will be shown on every MSM news outlet. Quick polls will be produced to show “overwhelming” public support for the filibuster. Network news reporters will sharply question Republicans about defying the will of the American people etc.


149 posted on 10/06/2011 6:19:14 PM PDT by denydenydeny (The moment you step into a world of facts, you step into a world of limits. --Chesterton)
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To: xrmusn
Sorry if you don't like it, but Congress (both houses) sets their own rules. They can vote up or down on that with a simple majority vote.

It's the established Constitutional Law of the land.

Doesn't keep me from thinking that they are all pricks, but what I think doesn't stop what they do, either.

/johnny

150 posted on 10/06/2011 6:19:39 PM PDT by JRandomFreeper (gone Galt)
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To: swamprebel

Ever try changing a tire on a moving car? I think we’re going to have to stand back and watch it come apart before we can fix it.


151 posted on 10/06/2011 6:20:43 PM PDT by listenhillary (Look your representatives in the eye and ask if they intend to pay off the debt. They will look away)
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To: freeangel

You know they will. And how pathetic is it that they know Republicans will cave to Demonrat demands! They feel empowered and have reason to believe they can do any damn thing they want. What fight? There’s no fight or accountability called for by Republicans! Same old, same old. The Republicans are just as much enemy as the Demonrats.


152 posted on 10/06/2011 6:23:05 PM PDT by mrspeelwerneeded
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To: DustyMoment

Of course Reid is doing this now, he knows there will be no elections next November so he doesn’t have to worry about the Rats being in the minority.


153 posted on 10/06/2011 6:23:18 PM PDT by Licensed-To-Carry (Hey Obama! All you have done is awaken a sleeping giant and filled us with a terrible resolve!!)
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To: JRandomFreeper

You said it, John. BTTT


154 posted on 10/06/2011 6:24:04 PM PDT by prairiebreeze (I guess I'll keep living until I die.)
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To: listenhillary
tonight's move had to do with the amendment process, not filibusters.

That's not a meaningful difference, because "filibusters" (or, more properly, "abuse of the cloture rule") can be and often is used as part of the amendment process.

If I understand the report, what happened was a change in the "suspend the rules" procedure. Used to be, a member of the minority could ask to suspend the rules. Reid sought a ruling to at least "partially" deny this right to the minority. By "partially," I mean that the minority may not use "suspend the rules" as a way to introduce a new amendment to a pending bill.

155 posted on 10/06/2011 6:24:46 PM PDT by Cboldt
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To: grumpygresh
So we will only need 51 votes to kill obamacare in 2013?

That's how I interpret it. It's THEN that the GOP needs to be firm, because there will be an overwhelming media assault.

If you want to know what it will look like, it will resemble the scene in The Exorcist where the priest throws holy water on the possessed girl.

156 posted on 10/06/2011 6:25:06 PM PDT by denydenydeny (The moment you step into a world of facts, you step into a world of limits. --Chesterton)
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To: jazusamo; JRandomFreeper
I believe you’re correct. The Rats better understand what goes around comes around.

No, that's not how it works. When the GOP takes over the Senate in 2012, Democrats will put on a show about how dangerous it is for a simple majority to have that much power in the Senate. They will pontificate about the necessity of having a filibuster rule. They will paint Republicans as power-hungry tyrants who wish to trample the rights of the minority. The MSM will launch a crusade calling for protection of the minority rights within the Senate. Eventually, someone will propose a rule where it takes a super-majority (such as 60 votes) to bring something up for a vote. And right on cue, the Republicans will cave and reinstate the filibuster rule to ensure that the Democrats are able to block any efforts towards ending Obamacare.

Yes, the Republicans in the Senate really are that stupid. Flashback to 2001 when the Republicans held a 50-50 split with the Democrats (with a Republican Vice President to settle all ties). The Dems argued that all committee assignments should be evenly split, and the number of aides assigned to each party should be evenly split as well. The GOP caved and gave them what they wanted, out of 'fairness'. Two months later, Jim Jeffords leaves the party, giving us a 49-50 split with Democrats. Even though Democrats still didn't have a true majority, they took control of all committees and shifted the internal Senate budgets to favor the Democrats.

Democrats cannot be trusted - EVER! If Reid changes the rule, then it needs to remain that way when Republicans take control.

157 posted on 10/06/2011 6:25:49 PM PDT by Hoodat (Because they do not change, Therefore they do not fear God. -Psalm 55:19-)
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To: Will88
the bill is idiotic for several reasons

one is that "the borrower is a slave to the lender" (our politicians have borrowed us into slavery) , a move like this would only result in the slave getting whipped, .....(which is consistent with the Obama/democrat agenda Phase I, demolition)

158 posted on 10/06/2011 6:26:14 PM PDT by KTM rider ( with citizenship you get indentured servitude)
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To: PETENICK1

It’s always been that way, since long before our Revolution. It’s estimated that only 25% even wanted any change.

Don’t hold your breath, it won’t change.

Spend you energy on something useful.


159 posted on 10/06/2011 6:26:44 PM PDT by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer each and every year..)
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To: penelopesire
All I heard him say was that Reid was "stubborn and stupid" just like Obama.

What did Mark say before that? (I'm sure his words were choice!)

160 posted on 10/06/2011 6:29:06 PM PDT by ohioWfan (Proud Mom of a Bronze Star winner!)
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