So comes now Senate Majority Leader Harry Reid, D-Nev., with a campaign to alter the filibuster rule using the so-called nuclear option, which if invoked on the opening day of the new legislative session would allow senators to change the rules by majority vote. Republicans are appalled that he would consider such a ploy, even though they floated the same proposal when they held the majority in 2005.
For the record, we were rooting for the Republicans to go nuclear in 2005. This is not a venerable rule created by the Founding Fathers to protect against the tyranny of the majority, but a procedural nicety that has been altered many times throughout history.
Reid reportedly aims to return to the era of the “talking filibuster,” when senators who wanted to hold up a bill had to stand up and debate it ceaselessly, day and night. This doesn’t go quite far enough; Reid should also place limits on the number of opportunities for senators to mount filibusters, and put the burden on minority opponents by forcing them to come up with 40 votes to sustain a filibuster, rather than requiring the majority to drum up 60 votes to end it. Nonetheless, Reid’s plan is a nice start, requiring those who want to hold up legislation to do so publicly and to use their oratorical skills to explain why.
From an editorial in the Los Angeles Times