A big filibuster change in the Senate: Democrats curb blocks of all non-Supreme Court nominees

  • Article by: ALAN FRAM , Associated Press
  • Updated: November 21, 2013 - 5:15 PM
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Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., left, and Sen. Dianne Feinstein, D-Calif., right, stand up to leave in frustration as Republican members of the panel did not show up for an executive meeting to consider a dozen of President Barack Obama�s judicial nominations on Thursday, Nov. 21, 2013.

Photo: J. Scott Applewhite, Associated Press - Ap

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WASHINGTON — Sweeping aside a century of precedent, Democrats took a chunk out of the Senate's hallowed filibuster tradition on Thursday and cleared the way for speedy confirmation of controversial appointments made by President Barack Obama and chief executives in the future.

Majority Leader Harry Reid, D-Nev., who orchestrated the change, called the 52-48 vote a blow against gridlock. Republicans warned Democrats will eventually regret their actions once political fortunes are reversed and they can no longer block appointments made by a GOP president.

At the White House, Obama welcomed the shift. "The gears of government have got to work," he said, and he declared that Republicans had increasingly used existing rules "as a reckless and relentless tool to grind all business to a halt."

But Republicans warned of a power grab by Democrats, some predicting that worse was yet to come. "This drastic move sets a dangerous precedent that could later be expanded to speed passage of expansive and controversial legislation," said Sen. Richard Shelby of Alabama.

The day's change involved presidential appointees, not legislation — and not Supreme Court nominees.

The immediate impact was to ensure post-Thanksgiving confirmation for Patricia Millett, one of Obama's three stalled nominees for the District of Columbia Circuit of the U.S. Court of Appeals, and for others whom Republicans have blocked. Rep. Mel Watt, D-N.C., tapped to head the Federal Housing Finance Agency, is among them.

The longer-term result of the unilateral move by Democrats was harder to gauge in a Senate that has grown deeply constrained by the major political differences emblematic of an era of divided government.

At issue was a rule that has required a 60-vote majority to end debate in the 100-member Senate and assure a yes-or-no vote on presidential nominees to federal courts or to Cabinet departments or other agencies.

Under a parliamentary maneuver scripted in advance, Democrats changed the proceedings so that only a simple majority was required to clear the way for a final vote. In Senate-speak, this was accomplished by establishing a new precedent under the rules, rather than a formal rules change.

Supreme Court nominations still will be subject to a traditional filibuster, the term used to describe the 60-vote requirement to limit debate.

The day's events capped more than a decade of struggle over judicial nominations, in which first President George W. Bush found his appointees stalled by Senate Democrats, and more recently Obama has complained that Republicans have been delaying or preventing confirmation for his picks.

The vote adds to the list of issues likely to figure in next year's congressional elections. In a fundraising appeal emailed a few hours after the vote, the Senate Republicans' campaign organization asked for donations. It warned that "Democrats are going to pack Obama's liberal judges on the federal courts," and sought donations to "throw these hacks out of office."

On Thursday, in a certain sign that a showdown was imminent, senators filed into the Senate chamber at midmorning in unusual numbers. They listened from their desks as Reid and Minority Leader Mitch McConnell of Kentucky swapped accusations that preceded a series of votes on arcane parliamentary points. Yet there was no suspense about the final outcome.

McConnell said Republicans had grown tired of threats of action. "We're not interested in having a gun put to our head any longer," he said, noting that Democrats have periodically talked of changing the rules in recent months.

Still, the events marked a reversal for Reid, who had threatened earlier in the year to change the application of filibuster rules for nominees to Cabinet departments and other agencies, but not for appointments to the courts.

Back then, he and McConnell clashed in highly personal, accusatory terms. This time, they recited their grievances in an exchange that was courteous if sharply worded.

"In the history of the Republic, there have been 168 filibusters of executive and judicial nominees. Half of them have occurred during the Obama administration — during the last four and a half years," Reid said.

The Nevada Democrat accused the GOP of "unbreakable, unprecedented obstruction." He said Republicans had blocked qualified appointees "to force wholesale changes to laws ... to restructure entire executive branch departments" and because they don't want Obama "to appoint any judges to certain courts."

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