"We have now stood democracy on its head,” Senator Tom Harkin said. Filibuster reform still up in the air

One of the fiercest proponents of filibuster reform says the question isn’t, “What’s the purpose of the filibuster?” Rather it’s: “What has the filibuster become?”

“It has become a means whereby the minority of the Senate dictates what we can and cannot do. And we have now stood democracy on its head,” Sen. Tom Harkin said Tuesday. The Iowa Democrat has spent the past 15 years trying to scale back the power of the filibuster.


“A small minority of the Senate now gets to decide what happens in this country.”

Democratic and Republican leaders have been working through the January recess on a non-binding compromise to improve the way the Senate does business. And New York Sen. Chuck Schumer, who heads policy and messaging for Democrats, said he’s continued to hold talks with Tennessee Sen. Lamar Alexander, the No. 3 Republican in the Senate.

“There is strong belief on our side that the filibuster has been abused, but there’s almost universal agreement that a bipartisan solution is best, and we are still working towards that,” Schumer said in a statement.

But if both parties fail to reach a deal before senators return to Washington next Tuesday, the chamber likely will take up a rules reform package offered by Harkin and fellow Democratic Sens. Tom Udall of New Mexico and Jeff Merkley of Oregon.

Even in the middle of the two-week recess, the trio of Democrats was on a conference call with reporters trying to build support for their plan.

Udall said he’s anticipating “several days” of debate, though he wouldn’t say whether he has secured the 51 votes required to pass the plan. Fifty-three senators caucus with Democrats, not but all support the proposal.

“We’re working it hard,” Udall said.

Proponents believe they only need a simple majority of senators – rather than the usual two-thirds margin – to adopt the changes, something they say is allowed under the Constitution on the first legislative day of the session. That applies in this case, backers say, since Senate Majority Leader Harry Reid (D-Nev.) extended the first legislative day of the 112 th Congress through at least next Tuesday.

Republicans have balked at the Democratic push to change the rules, with Minority Leader Mitch McConnell (R-Ky) dismissing it as an attempt to “nullify” last November’s election and make it easier for the majority to advance its agenda.

But Democrats say the changes are needed to fix a broken Senate that, under the constant threat of a filibuster, has failed to perform its most basic functions: pass budget and appropriations bills, fund the government and confirm executive nominees.

“The Senate has really left those historical roots,” Udall said.

The Democratic reform package, unveiled two weeks ago, would end the use of filibusters on procedural votes and require “talking filibusters,” in which senators would have to speak continuously on the Senate floor if they want to block legislation or a nomination. Nowadays, the threat of a filibuster is enough to halt Senate action.

The plan also would cut debate time on nominees after a cloture vote to just two hours from 30 hours, allowing the Senate to get more nominations to the floor. And it would eliminate “secret holds,” a senator’s right to anonymously block a nominee or bill.

The package does provide a provision guaranteeing the minority party the ability offer germane amendments to bills, an olive branch to Republicans who have criticized Reid for “filling the tree” and blocking them from offering amendments to legislation.

“We wouldn’t do anything if we didn’t feel minority rights would be protected,” Udall said.