Sunday, March 09, 2008

60 seats in the Senate? (And Response)

This is in response to the idea that Obama may get 60 Democrats in the Senate, an email I sent to Mark Kleiman of the RBC. I've redacted for publication. My argument is that it may not be necessary:
To be honest, all we (Democrats) need are 52 seats. At least according to my theory... Ya see, the reason why 60 is necessary is because of the most recent set of Senate rules that require that arbitrary number to end a filibuster. As we learned back in 2004-2006, the GOP was threatening us with a "nuclear option" that would have removed the filibuster entirely (or at least that's what the Wiki tells me).

Now that we won back the Senate, why don't we just enact the nuclear option? Especially when the rate of filibustering has gone through the roof and the bills being squashed are matters of life and death? Here's where my theory comes in: Senator Lieberman.

Lieberman was on the "gang of 14." And he's the only reason why the Senate is in the Democrats' hands right now. My theory is that if Reid tries to implement the nuclear option, then Lieberman will leave the Democratic caucus and throw the Senate into balance (making Cheney the head) or even start caucusing with the GOP! And because of that 51-49 balance, the 60 supermajority is still needed.

If my theory is correct, then all it would take *right now* to end the filibuster impasses would be for one more defection to the Democrats (Collins? Warner?) But if that doesn't happen, then even without getting 60, as long as we have 52, Reid can use the nuclear option.
Kleiman's Response:
I thought, and think, that the "nuclear option" involves flat-out cheating. I wouldn't want to see the Democrats use it.
Me:
Not even to stop torture? Congress has been squashed by the executive for a long time, a few 'nuclear strikes' by the Senate - just to roll back some of the major excesses - may be in order.
Kleiman:
If the Dems have that much backbone, there's other stuff to do that's fully legal.

Anyway, I expect the executive to change hands. The question is how much legislation we can pass.
Backpost finished 4/11/08, updated 2009-12-15.

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