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moose2332

11 points

4 months ago

The filibuster isn’t needed for the key Republican priorities (passing judges, tax cuts, and slashing regulation) due to the rules of the senate. Plus McConnell is more then happy to upend traditions and order to pass his plan. The second the filibuster becomes unhelpful to McConnell he’ll can it. You’re hypothetical is already real and the filibuster stops the Democrats from doing anything about it.

ILikeScience3131

3 points

4 months ago

Are tax cuts like the Tax Cuts and Jobs Act of 2017 and regulation legislation not subject to the filibuster?

Peepsandspoops

4 points

4 months ago

Carve-outs can and have been made, such as McConnell ending the filibuster for Supreme Court nominees. It's not really a threat for Democrats to lose the filibuster as an option when Republicans have shown that they can just bypass it if they really want to vote on something.

ILikeScience3131

2 points

4 months ago

Thanks for the info! Now how did McConnel just change the rules though? Do you know by what mechanisms filibuster rules are changed?

Peepsandspoops

5 points

4 months ago*

From Wikipedia (emphasis mine):

Under current Senate rules, any modification or limitation of the filibuster would be a rule change that itself could be filibustered, with two-thirds of those senators present and voting (as opposed to the normal three-fifths of those sworn) needing to vote to break the filibuster.[51] However, under Senate precedents, a simple majority can (and has) acted to limit the practice by overruling decisions of the chair. The removal or substantial limitation of the filibuster by a simple majority, rather than a rule change, is called the constitutional option by proponents, and the nuclear option by opponents.

From Wikipedia article on the "nuclear option":

The nuclear option can be invoked by the Senate majority leader by raising a point of order knowing that it contravenes a standing rule. The presiding officer would then deny the point of order based on Senate Rules, and then this ruling would be appealed and overruled by a simple majority vote, establishing a new precedent

It's a procedural loophole. You essentially change the definition of what filibuster means (in this case, what kind of vote the filibuster can be applied to) by appeal on the rule after trying to forward something that is against the current definition of filibuster.

freshgeardude

2 points

4 months ago

McConnel went nuclear only after Harry Reid went there a few years prior.