The Senate Is Threatening Fillibuster Reform

Apparently Sarah Binder is one of the best Congressional researchers. She wrote, Is nuclear winter coming to the Senate this summer?.

"It seems the Senate could have a really hot summer.  Majority leader Harry Reid (D-NV) has reportedly threatened to ‘go nuclear’ this July—meaning that Senate Democrats would move by majority vote to ban filibusters of executive and judicial branch nominees.  According to these reports, if Senate Republicans block three key nominations (Richard Cordray to head the Consumer Financial Protection Bureau, Thomas Perez at Labor, and Gina McCarthy at EPA), Reid will call on the Democrats to invoke the nuclear option as a means of eliminating filibusters over nominees."

She gets into some MAD logic. "Reid isn’t the only actor with a threat: given Republicans’ aggressive use of Rule 22, Republicans can credibly threaten to retaliate procedurally if the Democrats go nuclear. And that might be a far more credible threat than Reid’s. We know from the report on Reid’s nuclear thinking that “senior Democratic Senators have privately expressed worry to the Majority Leader that revisiting the rules could imperil the immigration push, and have asked him to delay it until after immigration reform is done (or is killed).” That tidbit suggests that Democrats consider the GOP threat to retaliate as a near certainty. In other words, if Republicans decide not to block all three nominees and Democrats don’t go nuclear, we might reasonably conclude that the minority’s threat to retaliate was pivotal to the outcome. As Steve Smith, Tony Madonna and I argued some time ago, the nuclear option might be technically feasible but not necessarily politically feasible."

Jonathan Bernstein followed this up, What Happens If Harry Reid Goes Nuclear? He makes two points.

"The first is that a lot of liberals will read dismiss it, claiming that Republicans are already maximizing obstruction. That is incorrect. Only one judicial nomination has been defeated by filibuster during the current Congress; there are also a handful of other judicial and executive branch nominations which probably have not been brought to the floor because Reid doesn’t have 60. On the other hand, there’s a long list of nominations that the Senate has confirmed so far this year. There’s also one judicial selection who withdrew after “blue slip” obstruction, but that speaks to Sarah’s point: Republicans could make more trouble in other ways than they currently do."

"I’m very hesitant to disagree with Sarah, but I really don’t think much of the retaliation threat. It makes sense to threaten to shut down the Senate, but after majority-imposed reform is imposed, does it makes sense to carry out that threat? I don’t think so — because if it was in the GOP’s interest to shut down the Senate, they would be doing it now. In other words, I don’t think Republican Senators hold off on more extreme obstruction now because they’re nice; I think they do it because they believe it’s in their interest. And once they’re faced with a new status quo, it would turn out that more less the same incentives apply."