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Reid’s Power Play


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National Review:

As I mentioned earlier, tonight Senate Majority Leader Harry Reid (D., Nev.) threw what might be described as a procedural temper tantrum. The Senate was prepared to vote on final passage of a China currency bill that was certain to pass, as cloture had already been invoked by a 62-38 vote.

Under Senate rules, the minority party is allowed to offer amendments to a piece of legislation following cloture, provided that the amendments are relevant, or “germane,” to the legislation under consideration. Senate Minority Leader Mitch McConnell (R., Ky.) had been attempting all week to force a vote on President Obama’s job bill. After all, the president had repeatedly chastised Congress for failing to take it up. However, Reid didn’t have unanimous Democratic support for the jobs bill as is, and so was seeking to avoid such an embarrassing vote. He had already blocked attempt to bring the bill to a vote earlier this week.

So McConnell’s plan was to offer the president’s bill as a post-cloture amendment to the China currency bill. And though it would not be considered a “germane” amendment, the Senate could waive this requirement under a “motion to suspend the rules,” which requires a two-thirds majority for approval. This motion would be the vehicle McConnell would use to force Democrats to vote on the president’s plan, which they don’t all support, at least not in its current form. The motion would fail, but the bipartisan opposition to the president’s bill would be noted in the record. Furthermore, Republicans were seeking an amendment that would ban the Environmental Protection Agency regulating farm dust, which I wrote about here. Democrats were understandably embarrassed by the prospect of having to support such senseless regulations.

When McConnell offered his motion on the Senate floor, it was ruled in order by the Senate parliamentarian, as is the custom. But then, in unprecedented fashion, Reid objected. Senators were called to the Senate chamber where they voted along party lines 51-48 to overrule the parliamentarian’s decision, effectively eliminating the minority’s ability to offer amendments under these circumstances. Forever. Or at least until the rule is overturn by another simple majority vote.

“This is an outrage!” Sen. Roger Wicker (R., Miss.) protested as members were casting their votes. When the ruling was formally approved, an impassioned back and forth ensued. “We are fundamentally turning the Senate into the House,” said a visibly irritated McConnell. “The rules of the Senate will be effectively changed to lock out the minority party even more.”

Even Reid seemed aware of the magnitude of his decision. “What just took place here is an effort to expedite what goes on around here,” he said. “Am I 100 percent confident that I’m right? No. But I feel pretty comfortable with what we’ve done.”snip
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