Senate Starts New Session with Debate on Filibuster Rules

 WASHINGTON, DC 
Wednesday, January 5, 2011

he new session of the U.S. Senate has begun with the traditional swearing-in of reelected and newly elected members. After the ceremonies completed,  Democrats made a  motion to change a long-standing debate rule.

Following the opening prayer, Vice President Biden administered the oath of office for 31 senators, which includes 16 new senators. Though they maintained the majority, Democrats lost six seats in the November mid-term elections resulting in the make-up of the current Congress at 51 Democrats, 47 Republicans and two Independents.

Sen. Tom Udall (D-NM) plans to raise an objection that the previous Senate’s rules be passed over to the new session and submit his filibuster-change resolution. Sen. Udall has cited a Constitutional rule under Article I, Section 5 that allows Congress to determine the rules for its proceedings on the first day of a new session. The senator argues that, while only the U.S. House takes advantage of this provision every two years, it is open to the U.S. Senate as well.

His proposal seeks to implement three requirements: senators that wish to object to a motion to proceed on a bill must remain on the floor to maintain the filibuster; if a motion to proceed passes then a cloture vote must be taken immediately to prevent delays by opposing senators; and finally, the elimination of “secret holds” on bills and nominations.

Though several other senators have voiced their support, including Sen. Jeff Merkley (D-OR), Republicans have panned the changes. Sen. Lamar Alexander (R-TN) called the attempt “a brazen power grab” by Democrats in a speech yesterday at the Heritage Foundation.

In anticipation of the difficulties ahead, Senate Majority Leader Harry Reid (D-NV) is likely to recess the Senate at the end of today instead of adjourning members and freeze the official calendar for the next 20 days. This move will technically keep the first legislative day open and allow Democrats more time to negotiate with Republicans, thus removing the short deadline for a vote on the filibuster package.