The Democrats' Latest Filibuster Idea: An Update
Senate Democratic Leader tonight will seek to change the "two-speech rule" to limit debate on his election rules change bill. It appears dead on arrival
Yesterday, I opined on the latest idea percolating among US Senate Democrats to get their partisan power grab on steroids - federalizing election rules in apparent violation of the US Constitution - through the Senate and on the President’s desk.
They focused on what Senate insiders call the “two-speech rule,” limiting every Senator to speaking twice on any question during a legislative day.
Last night, Senate Majority Leader (for now) Charles Schumer reportedly unveiled a plan to alter that rule just on this bill to his caucus. As reported by Punchbowl News, the best source of Capitol Hill information and insights available today:
Just over two hours after the president’s news conference, the Senate will have a showdown over voting rights and the filibuster. This is huge for Biden, Senate Majority Leader Chuck Schumer, Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) and the entire Senate Democratic Caucus. So let’s get into it.
At around 6:30 p.m., the Senate is scheduled to vote on a cloture motion to end a Republican filibuster of voting rights legislation. With only 50 Democratic votes, Schumer will fall far short of the 60 votes he needs to cut off debate.
Then Schumer is expected to move to change Senate rules on the filibuster to create a “carve-out” for this voting right bill. Technically, Schumer will seek to alter Senate Rule 19 (XIX) so that each senator can only speak twice on this legislation. That rule currently allows senators to speak twice “on any one question” but doesn’t limit how many times they may do so on any single bill, so debate can drag on forever. Schumer’s proposal would allow the leadership in this case to cut off debate with 60 votes. Or, alternatively, a filibuster would end once all senators who wish to have spoken. At that point, the Senate would move to final passage at 51 votes. Schumer laid out this “talking filibuster” plan during a closed-door meeting of Senate Democrats on Tuesday night.
However, this proposed rules change also is expected to fail, thanks in part to opposition from Manchin and Sinema. On Tuesday night, Manchin made his position clear – once again – that he’s “never changed my mind on the filibuster” and wouldn’t back any attempt by Democrats to alter it unilaterally, even for voting rights legislation he supports.
So there you have it. The President has his first news conference in 10 months at 4:30 p.m. EST, followed by the Senate vote, in effect, to change the two-speech rule just for legislation to federalize and change election rules. Here is how it is likely to play out:
Senator Schumer will seek a ruling from the chair (likely Senate President Pro Tempore Patrick Leahy, D-VT) on interpreting the two-speech rule. With guidance from the Senate’s Parliamentarian, he will rule that the two-speech rule applies on any one question pending before the Senate.
Schumer will move (offer a motion) to overturn the chair's ruling and offer his proposed, new interpretation. In effect, on this bill, HR 5746, the two-speech rule applies to all questions on this specific bill. Or something to that effect. Schumer plans to run out the clock, force GOP Senators on the floor until everyone has had their chance to speak twice, then force a final vote. The bill will only need a simple majority of 51 votes to pass. It would also have the practical effect of limiting amendments and other debatable motions.
And that would still take days if not weeks, especially if every opposing Senator - all 50 of them - each spoke twice for on average 5 hours each time. That’s 500 hours of round-the-clock Senate speeches, with Democrats taking turns, all day and all night, presiding over the Senate. I’m not good at math, but I reckon that 500 hours works out to more than 20 consecutive days of non-stop sessions. That’s one heck of a legislative “day.” My sympathies in advance to the Senate floor staff. I hurt for them, just thinking of that.
It would give GOP Senators ample opportunity to focus on the flaws and dangers in the Democratic election power grab and continue to move public opinion on the bill in their direction. Voters already strongly support photo ID, which this bill would practically outlaw.
Except it appears Senator Joe Manchin and possibly Sen. Kyrsten Sinema - both Democrats - do not support Schumer’s latest gambit and will vote no, ensuring defeat.
Give Schumer and his co-conspirators credit for some creative thinking, but it is too clever by half. Democrats, especially former two-time presidential candidate and socialist US Sen. Bernie Sanders (I-VT) speak openly of political retribution against Manchin, 74, and Sinema when they are up for reelection in 2024. That’s a long way off, and there is no guarantee that either will seek reelection. Much can and will change.
By the way, the most recent use of the filibuster to block legislation was by Senate Democrats against Senator Ted Cruz’s (R-TX) bill to impose sanctions on the Russian company building the new Nord Stream II gas pipeline.
Watch for other evidence of hypocrisy forms of retribution to emerge, which would spur talk of party switching. Again. We’ll see.