Senate filibuster reform fails
A day too late, a court ruling on recess appointments illustrates why real reform is needed.
U.S. Senate Majority Leader Harry Reid should have waited one more day before capitulating to Republicans and the Senate old guard on filibuster reform on Thursday. An appeals court decision Friday made painfully clear why the token changes he accepted fall short.
Several newer senators had pressed for significant filibuster reform. They sought to add transparency to the process and require filibustering senators to take to the floor and actually speak, à la “Mr. Smith Goes to Washington.”




This was a chance to finally move the Senate to actually do their job and Reid blew it, no way around that.
It was the Dems and Reid, who love to ignore the Constitution, that in 2007 started the concept of the pro forma (Latin for “in name only”) Senate sessions in order to block Pres. Bush from making recess appointments.
Unlike our Imperial Prez, Bush never challenged the pro forma session with an appointment.
As I posted last January on this subject, the Executive branch does not have the constitutional power to decide when Congress is or is not in session. That power lies with the co-equal branch of government, the Legislative.
The basic concept of separation of powers and co-equal branches of government embodied in our Constitution seems to be lost on the liberals.
The SCOTUS will doubtlessly deliver another smack down for Obama’s abuse of executive power on this one! For now the DC court’s ruling is the law of the land. I am sure the Obama admin. will ignore this ruling though.
@2 I hate being pedantic, but I also hate Latin abuse. “Pro forma” literally translates as “for form” and might loosely translate as “for the sake of form”. “In name only” probably best translates as “nomine tenus.”
3 – heh…I actually think you like being pedantic…
Look!!! John R is back!!!! Thought you had permanently disappeared after the severe November beatdown administered by Obama.
Anyway, John R, aren’t you in favor of filibuster reform, or are you one of those who’s against it until the next time Republicans have a majority and then you don;t like the Dems doing it?
You also forgot to mention that it’s the Repubs who are abusing the system so badly that the Senate no longer functions.
Words matter, odd how just the other day you were all for that pedantic effort.
So does the fact that this Congress has abused power in ways that would make former Congresses blush even register? You can call this what it is or you can pretend it is just pro forma, it stinks either way and there needs to be a mechanism to get around obvious and deliberate obstruction. How long has the ATF gone without an appointed leader being confirmed? Whine about “no budget in 4 years” and ignore the reasons why. Typical.
6 – are you talking to me? Have I said anything positive about this Congress? Yes, they have abused their authority, and are derelict in their duty, all at the same time. Inexcusably, criminally so.
And I’ve never denied being somewhat pedantic. Words DO matter.
#6 Sandi, “….the fact that this Congress has abused power in ways that would make former Congresses blush…”
Could you give some examples of “abused power” by Congress? There were certainly no unconstitutional abuses that I can recall as with the Obama Administration in this case.
I assume you are referring to the last Congress since this Congress has only been in session a brief time.
A pro forma session of the Senate has been determined to be Constitutional by the court. The fact that this Administration found it inconvenient is no excuse to ignore the Constitution. Obama was purposely trying to circumvent Congress and got smacked down.
This is a very big deal since it may nullify over 300 recent rulings of the NLRB, much to the dismay of the liberals.
I am not rehashing the truth or the history of the 112th Congress of infamy.
http://www.washingtonpost.com/blogs/wonkblog/wp/2012/07/13/13-reasons-why-this-is-the-worst-congress-ever/
http://www.citizensforethics.org/policy/entry/112th-congress-review-the-good-the-bad-the-ugly
“Much has been written already about the 112th Congress, most of it negative.“
John R, the real topic here is filibuster reform. Yet you have nothing to say about the Repubs filibustering the senate into uselessness.
Somebody have a paper bag for John?
There’s a good piece over at Slate raising many of the same issues as this editorial, but in greater detail.
Perhaps Reid realized his party may not always be in the majority.
I never would have thought John R. to be a proponent of judicial activism. Welcome back, I hope your wounds have healed.