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1/ This seems to be a perennial fight for Democrats in the majority. They want to talk a good game about how they can run a more open House, but when Republicans get good at using their limited procedural tools, they change course.
2/ A little bit of history about the motion to recommit (MTR). Before 1995, there was no requirement that the majority allow the minority to offer a MTR. The Dem majority would routinely deny Republicans the ability to offer MTRs at all.
3/ In 1995, in what was an actual lasting reform, Republicans actually guaranteed the minority the right to offer an MTR on bills in the House. I am unaware of any time the Rep majority denied a MTR to the Dem minority on a bill.
4/ In the 111th Cong., Dems changed the rules to deny Reps the ability to offer “promptly” MTRs which would just send the bill back to committee. Their concern was that this would “kill the bill” and they weren’t wrong.
5/ The current rule only allows “forthwith” MTRs, which effectively just amend the bill. It still needs to meet all the other rules for amendments -- germaneness, budget, etc. BUT, the majority doesn’t know exactly what’s coming.
6/ That’s part of being in the majority -- the minority is going to do things you don’t expect. I know, it’s happened to me. Ultimately, when you’re in the majority, you just suck it up because you have the votes.
7/ If you don’t have the votes, then you have bigger problems. And if a MTR exposes a fissure in your caucus, it’s not like that fissure wasn’t there to begin with.
8/ The MTR adopted yesterday was a legitimate issue -- should authorities be notified if an undocumented immigrant tries to buy a gun? But I guarantee you that the Dems would not have allowed that amendment if offered as a regular amdt.
9/ Dems used the same tactics when they were in the minority too. The difference was they couldn’t get the Republicans to break.
10/ I know better than anyone how uncomfortable these kinds of motions can be. But it forces you to write better bills and be better tactically. There are ways to avoid these problems without further eroding the rights of the minority.
11/ Because one thing to keep in mind: once you take the right away from the minority, it’s not coming back, no matter who is in the majority. [END]
