Filibustering the legislative process

As it looks like all 41 Republicans will filibuster financial reform today, it's worth being clear about what, exactly, they're filibustering.

First, they're not filibustering the bill itself. The Senate hasn't looked at the bill. In fact, it hasn't even seen the version that combines Dodd's proposal with Lincoln's derivatives language. This filibuster isn't preventing a vote on anything. Rather, it's standing in the way of debate and amendment.

The specific motion being filibustered is the motion to move to debate the legislation. That is to say that Republicans who want to see the bill debated and changed are filibustering the process in which the bill can be debated and changed. They're not filibustering legislation so much as the legislative process itself. It's a strange move, as letting the bill be amended and debated doesn't preclude a filibuster against a vote on the legislation. But Republicans have gotten so used to filibustering everything that they filibuster whether it makes sense or not. As it turns out, filibusters are a bit like Pringles: Once you pop, you just can't stop.