26) The Senate can establish a new “precedent” and upend current filibuster provisions with just 51 votes. So far, filibuster reform advocates lack the necessary votes for a new precedent. That could change. Think of the Senate as a political hothouse over the next few months.
27) Senate Majority Leader Chuck Schumer (D-NY) says he’ll put various bills which pass the House – even if they fail. This accomplishes two goals. First, these various bills will face s filibusters, stunting their passage.
28) That very well could bolster support to end the filibuster. Liberals hope such legislative cul-de-sacs will apply pressure on senators otherwise unwilling to upend the filibuster.
29) Second, if Schumer ever does intend to unwind the filibuster, he needs “failed roll call votes” in his procedural toolkit. This is fathoms into the procedural weeds.
30) But Schumer can wield such “failed roll call votes” as a the political instrument necessary to kill the filibuster.

So keep an eye out for those.
31) The Senate resurrected failed votes to end filibusters in 2013 and again 2017 to implement what’s called “Nuclear Option I” and “Nuclear Option II.” The former reduced the threshold to end filibusters for executive branch nominees to a simple majority.
32) The latter lowered the bar to end a filibuster on a Supreme Court nominee to a majority as well.

No one quite knows what Democrats may have up their sleeve procedurally. They could use a failed cloture vote on one of these policy issues to unleash “Nuclear Option III.”
33) Such a gambit would drop the requirement to end a filibuster on legislation to 51 yeas. Or maybe, just maybe, Democrats could try to preserve the speaking filibuster and make changes to filibusters for individual types of issues – such as voting rights.
34) It’s conceivable such a maneuver could establish a new precedent for those sorts of bills. It all hinges on how creative Democrats can be…should they decide to detonate the filibuster.

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More from @ChadPergram

20 Mar
1) Feinstein on filibuster:
There are many significant issues Congress needs to address. Just this week we saw a union of gun violence, violence against women and hate crimes in the tragic shootings in Atlanta.
2) Feinstein: I have tried for years to pass legislation in these areas. This month the House passed bills to improve background checks for gun purchases and reauthorize the Violence Against Women Act, among other key legislation.
3) Feinstein: But if that proves impossible and Republicans continue to abuse the filibuster by requiring cloture votes, I’m open to changing the way the Senate filibuster rules are used.
Read 5 tweets
19 Mar
1) The Hitchhiker's Guide to Understanding Potential Changes to the Senate Filibuster:
2) The iconic, 1939 Frank Capra classic starring Jimmy Stewart iconized the filibuster in the American political experience. Social studies and history teachers showed the film in class to demonstrate the filibuster.
3) In the film, Stewart’s character seizes the Senate floor for hours, blocking a spending bill and exposing graft. This is what we would contemporarily refer to as a “speaking” filibuster.
Read 25 tweets
18 Mar
A) From colleague Kelly Phares. Ocasio-Cortez on if the Hse should continue proxy voting: If we get to a vaccination level, where the House physician can confidently say that we are not putting support staff in danger, then I think.. that's the measure we should look for
B) Ocasio-Cortez: I certainly think that there should there should definitely be a discussion around which conditions that proxy voting may be appropriate to maintain. I do think it's important that we are here doing our work.
C) Ocasio-Cortez: At the same time, if someone is in a medical emergency or something to that effect. There should be a discussion about whether we can maintain proxy voting in some of those circumstances..we have to be here to do our job.
Read 4 tweets
18 Mar
A) Schiff: Congressman Swalwell is a trusted and valued member of our committee. He was given a counterintelligence briefing years ago and acted fully in accordance with his responsibilities, as we would expect of any member of our committee.
B) Schiff: A hard-working and diligent member, he will continue to make great contributions to our national security.
C) Schiff: It’s disturbing that Kevin McCarthy is attempting to weaponize classified counterintelligence briefings as a political cudgel, and use them to smear a House colleague in the process.
Read 4 tweets
18 Mar
1) Schiff letter to Hse mbrs on McCarthy effort to remove Swalwell from Intel Cmte: "Congressman Swalwell is a trusted member of our committee. He was given a counterintelligence briefing in 2015 and acted fully in accordance with his responsibilities"
2) Schiff: "Congressional leaders, including then Speaker John Boehner and then Chairman Devin Nunes, were briefed at the time and expressed no opposition to his continued service on the committee."
3) Schiff: "An FBI official familiar with the investigation has stated that, “Swalwell was completely cooperative and under no suspicion of wrongdoing.”
Read 6 tweets
17 Mar
1) Some context on Dems potentially eliminating the filibuster. WH’S Psaki on 3/8 on what Biden wants regarding the filibuster: “His preference is not to make changes to the filibuster rules”
2) Actually changing the filibuster “rule” (Senate Rule XXII) requires 67 (!) votes to end debate on changing that rule.
3) However, the two most recent encroachments into the Senate filibuster procedures (via Nuclear Option I in 2013 and Nuclear Option II in 2017) dealt with establishing a new PRECEDENT. The Senate conducts much of its business, not by its Standing Rules, but by PRECEDENT.
Read 5 tweets

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