Yes, the Filibuster Is Still a Huge Problem - Norm Ornstein - The Atlantic - 0 views
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with Barack Obama's presidency, Republican filibusters or threats of filibuster escalated in ways the Senate had never seen before. The rule had not changed, but the norms were blown up. Filibusters were used not simply to block legislation or occasional nominations, but routinely, even on matters and nominations that were entirely uncontroversial and ultimately passed unanimously or near-unanimously. The idea of a filibuster as the expression of a minority that felt so intensely that it would pull out all the stops to try to block something pushed by the majority went by the boards. This was a pure tactic of obstruction, trying to use up as much of the Senate's most precious commodity—time—as possible to screw up the majority's agenda.
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this meant stretching out debate as much as possible, regularly using filibusters on motions to proceed as well as on the legislation, and insisting, after cloture was achieved, on using the full 30 hours allowed for debate post-cloture—but not using any of it for debate, just to soak up more time. To say that these tactics were not filibusters, as Kessler does, is naive at best. Anything that raises the bar from 50 votes to 60, or that threatens to do so to use up precious time, is a filibuster. Additionally, other delaying tactics, including unprecedented use of "blue slips" to block lower-level federal judges, distorting a long-standing norm, have been employed for similar purposes.
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the use of the filibuster to deny the president his team, or to block judges where there were no real quibbles about qualifications or ideology, is a major breach of Senate norms, and Mitch McConnell is responsible.
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ut the bottom-line reality there is that when the call came for a new "Gang of 14" to resolve the issue, there were easily seven Democrats ready to cut the deal, but only two Republicans.
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The refusal of Senate Republicans to work out a compromise to restore long-standing practices and norms has backfired on them big time. As Jonathan Bernstein has noted, the power of the hold—a notice by an individual senator that he or she will object to unanimous consent on a nomination, in effect, a threat of time-consuming filibuster—has been dramatically reduced. So the leverage of individual senators to use the hold to extract other concessions is no longer what it was, to the detriment, especially, of the minority party.