The Myth That 60 Doesn't Matter

For months, we've been talking at MyDD about why getting to 60 Democratic Senators is crucial. It's not just conventional wisdom: a filibuster proof majority brings us much closer to crucial progressive legislation like the Employee Free Choice Act.

And yet, for reasons I don't completely understand, smart commentators and politicians alike still minimize the milestone.

Freshman Democratic Senator Sheldon Whitehouse, for example, thinks he's downplaying the need for 60 - when in fact he's making the case exactly:

"If the White House political team can't figure out a way to get two Republican senators to vote with us between Air Force One, tea at the White House, U.S. attorneys and judges and dams and roads and ambassadors and all that other stuff," Senator Whitehouse said, "somebody should take them out to the woodshed."

So with 58 Democratic Senators, all we'll have to do is woo a rotating pair of Republicans on every major piece of legislation, giving away lifetime Federal judicial appointments and U.S. Attorney positions in the process.

That's acceptable?

Short of 60, Harry Reid will have to negotiate with Republicans on everything. Everything. Because any two Republicans on any specific issue would be immensely powerful.

I, for one, would rather not pork-up or water-down progressive legislation because Tom Coburn decides to dig in his heels. And let's not even get into Joe Lieberman.

Once, during my time in Reid's Capitol leadership office, one of his senior floor aides told me the two unchanging rules of the Senate: 60's the magic number, and everything's a negotiation. And when you have 60 votes in your caucus, you have a hell of a lot more leverage to negotiate with.

So while getting to 60 Democratic Senators won't present a panacea, it would make returning our country to the right track a hell of a lot easier.

Tags: Election 08, Road to 60 (all tags)

Comments

20 Comments

Flip Side

If we get 60 exactly there's a flip side.  Every Democratic Senator thinks that hisher vote alone can stop a piece of legislation and use it to demand some pork.

I'm not suggesting that 58 or 59 is preferable over exactly 60, just that no matter what, the Senate will demand negotiations and pork.  No matter how much the people demand change.

by maddogg 2008-10-27 05:56AM | 0 recs
Re: Flip Side

Like I said, not a panacea. But wouldn't you rather have Reid dealing with Dems who want something for their vote than Republicans? Heaven forbid Sanders might want an amendment...

by Josh Orton 2008-10-27 06:00AM | 0 recs
Appoint a Republican!

Surely there's some place that a republican might want to go to get out of senate hell. Maybe one of them from Kansas or something (red states with blue governors, but find a decent Republican? meh)

by RisingTide 2008-10-27 06:04AM | 0 recs
Re: Appoint a Republican!

Obama will.  But I doubt it'll be targeted to help with the Senate.  That would be transparent and wouldn't likely work anyway.  

No, I suspect Obama will appoint Republicans based on qualification.  We'll see any number of them in the cabinet.  And it'll help bring other Republicans to the mix because they'll want to be part of the solution(s).  Relying on contrived BS to force legislation one way or the other ought to be a thing of the past.  It's going to take political willpower and an overwhelming public sentiment to push for the real reforms we need.  We saw how special interests can kill almost anything during the Clinton Administration.  

by SpanishFly 2008-10-27 07:33AM | 0 recs
Re: The Myth That 60 Doesn't Matter

Trent Lott is no longer in the senate.

Res ipsa loquitur.

by realcountrymusic 2008-10-27 06:15AM | 0 recs
Re: The Myth That 60 Doesn't Matter

Using him as a known example of someone who knows how to play the game. But for clarity, I changed to Coburn.

by Josh Orton 2008-10-27 06:41AM | 0 recs
Don't Forget "Tomnibus"

Amen to your points above.

Additional, it ignores reality to think that 42 GOPers won't dig in their heels and filibuster just for the heck of it.

Reid's brilliant Tomnibus bill, filled with nothing but no-brainer legislation that was phenomenally popular with Democrats, Republicans, and Americans at large, but gratuitously blocked by the insane Tom Coburn, was filibustered as well. I can't think of any reason except pure, unmitigated partisan gall.

Trust me, they'll do it. Particularly if the media and the Dems fail to highlight it and make them pay the price.

by alteran 2008-10-27 06:19AM | 0 recs
Re: The Myth That 60 Doesn't Matter

The republicans love power more than America. They are perfectly fine with destroying this country so that they can win the election in 2012.

We need 60 - short of 60, they will filibuster EVERYTHING!

by bushsucks 2008-10-27 06:45AM | 0 recs
Re: The Myth That 60 Doesn't Matter

Well i think that pushing 60 in interviews with the press would be a little stupid...it implies we cant govern without it...being minimalistic with the press also makes the win to 60 bigger when and if it happens.

Remember there are also a number of independents who "like" the idea of divided government so if they think we are going to win 60 they night vote for McCain to "balance it out"...

by democratunc 2008-10-27 07:19AM | 0 recs
The Lieberman Myth

He'll be important.  We likely won't reach 60, with or without him.  I know lots of folks here, myself included, would like to punish him for his support of McCain.  Won't happen.  He'll be in our caucus because, basically, besides supporting the fossil for President, he believes in many of the same things Progressives believe in.  We won't be able to count on him for war votes but I doubt he'll support a filibuster on the same.

So, I hope and pray we get to 60 counting Holy Joe.  With him, we're in good shape.  Without him, we may need to revisit Senate rules which currently enable the minority party.  Of course I'm not suggesting changing the rules such that the minority has no voice.  That'd be suicide in the future.  No, we don't need to go nuclear.  But reinstating the requirement that a real filibuster take place rather than the virtual one created only recently, is a step in the right direction.  Make someone read the phonebook if they honestly want to block legislation.  This lazy bullshit version of the filibuster isn't even made for good TV.

PS.  Good to see you're still putting up solid front page articles here Josh.  Unfortunately, Jerome seems to have killed this site with his actions during the primary.  7 comments?  Sad.  Really sad.  Maybe you should move over to Kos and call it a day here.  This was once one of my favorite sites.  Yuck.  

by SpanishFly 2008-10-27 07:19AM | 0 recs
Re: The Myth That 60 Doesn't Matter

Why keep pushing this?  Because Republicans haven't ACTUALLY FILIBUSTERED anything in this Congress.  60 seats would be great, but they aren't required to largely filibuster-proof the Senate; Harry Reid not allowing the Republicans to filibuster by acclamation is what is required.  Do you think they could actually carry out the number of filibusters they've threatened in the last 22 months?  They would throw in the towel from exhaustion before February 1 if they actually had to stand up and do it, and lucky for them, because they'd look like complete assholes for trying.

by aaronetc 2008-10-27 07:30AM | 0 recs
Re: The Myth That 60 Doesn't Matter

You're missing the point: in modern Senate procedure, threatening a filibuster has taken over the same role as actually performing one. No one stands in the chamber and talks for days anymore. The R's have filibustered more than nearly any other Congress.

by Josh Orton 2008-10-27 07:46AM | 0 recs
Re: The Myth That 60 Doesn't Matter

With respect, you and Reid's staffers are missing the point.  Saying that "threatening a filibuster has taken over the same role as actually performing one" is a nice passive way of pointing out that the Senate leadership has simply decided to require supermajorities for everything.  This is an affirmative step, it didn't just happen.  And I should add that this seems to be endemic to Senate Democrats -- Barbara Boxer said at the convention that "60 is the new 50."  There is absolutely no reason this ought to be so, save that Reid has decided it ought to be so.  He could fix this in January, and suddenly Lieberman matters a lot less, as do Nelson, Landrieu, etc.  60 is an artificial hurdle that gains us nothing and helps the Republicans by obscuring their agenda.  If you make them stand in the chamber and talk for days -- that is, actually filibuster -- their strategy will collapse.

by aaronetc 2008-10-27 10:27PM | 0 recs
Re: The Myth That 60 Doesn't Matter

Because any two Republicans on any specific issue would be immensely powerful.

No, this gets it exactly backwards. It's not that any two Republican Senators can threaten a filibuster and get their way. It's that if we can peel away any two out of the whole GOP caucus then the others are impotent. We don't have to negotiate with Inhofe and Coburn if we can get Specter and Snowe.

Personally I think they ought to junk the whole filibuster thing (as the GOP almost did a few years back), but I doubt they could get Biden to do the dirty work (he'd have to make a patently absurd procedural ruling in order to break established Senate precedent).

by jimBOB 2008-10-27 08:49AM | 0 recs
Re: The Myth That 60 Doesn't Matter

Actually not correct.  The Senate establishes its rules at the beginning of each Congress and that vote is a simple majority vote.  It would be possible to change the number of votes needed to filibuster at that time.  The weird procedural vote you reference would have been needed to change the number in the middle of a session.

by Demo Dan in Dayton 2008-10-27 10:25AM | 0 recs
no 'painless' filibusters

If we don't get to 60, I hope to hell Obama can lay down the law to Reid that if the GOP wants to obstruct, they have to do it the old-fashioned way.  No more of Reid's 'we don't have 60 votes so that's that' nonsense.  If the GOP wants to take to the floor for a week and tell us why S-CHIP or an energy bill or what have you is a bad idea, let them try.  When their bullshit is exposed to sunlight, it might convince a few waverers to join us.  Also ... I'll trade some pork or judges for some progress on good bills.  

by Tangie3 2008-10-27 09:39AM | 0 recs
Re: The Myth That 60 Doesn't Matter

This is dumb. 60 Democrats doesn't guarantee cloture on anything just as 41 Republicans doesn't ensure a filibuster on everything. The goal is 60 votes on each individual piece of progressive legislation. Another Democrats will almost always make your job easier- 61 is better than 60 just as 60 is better than 59. But the number 60 itself doesn't matter. For purposes of getting senators elected there is absolutely nothing special about 60.

This is also why we don't have to worry about kicking Lieberman out of the caucus. 59+ Lieberman is still 60 on all the same domestic legislation. Sixty is exactly one better than fifty-nine, no more.

by js noble 2008-10-27 09:45AM | 0 recs
Re: The Myth That 60 Doesn't Matter

You know how the Senate works, right?

by Josh Orton 2008-10-27 09:52AM | 0 recs
I think he does

Point being, I doubt you'll get the Dems or the Reps to act as a block during the first two years of an Obama Presidency.  The Reps will be licking their wounds from the ass kicking they're about to receive.  They'll damn near be required to participate rather than just obstruct.  And an Obama landslide will all but guarantee that.

Conversely, the Dems will have a few members from the conservative middle, regardless.  Several come to mind.  They aren't going to be herded if they believe they'll be cast as "too liberal" in their next election, particularly if they're up for re-election in two years.  Some of these folks may be more apt to join forces for the cause if they're not looking the next election cycle in the face...  Which starts the day after inauguration day, effectively.

by SpanishFly 2008-10-27 10:19AM | 0 recs
Re: The Myth

60 matters- but the nuclear option debate essentially killed the filibuster on important matters. The real problem in the Senate today is the split: 51-49, with you know who making it a 50-50 senate and making Cheney the tiebreaker.  But next senate, on important matters, when we have 57-58 votes; all we have to do is to threaten the filibuster away to prevent it.    

by RAULC 2008-10-27 11:03AM | 0 recs

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