Filibuster
Speaking of abolishing ICE without abolishing ICE, Ian Milhiser at Vox offers a repertory of techniques for abolishing the filibuster without abolishing the filibuster, by scraping away at it bit by bit until it's small enough to, you know, drown in the bathtub:
- Make fewer bills subject to the filibuster: The Senate can create carveouts and exempt certain matters from the filibuster altogether, as it does with bills subject to the reconciliation process.
- Reduce the power of individual rogue senators: The Senate could make it harder to initiate a filibuster. Right now, unanimous consent is required to hold a vote without invoking the time-consuming cloture process. But the rules could be changed to allow an immediate vote unless a larger bloc of senators — perhaps two or five or 10 — objected to such a vote, instead of just one.
- Make it easier to break a filibuster: The Senate could reduce the number of votes necessary to invoke cloture. This could be done as an across-the-board reform, like the 1975 change to the filibuster rule that reduced the cloture threshold from 67 to 60. Or it could be done by creating a carveout for certain matters, such as the 2013 and 2017 reforms that allowed presidential nominees to be confirmed by a simple majority vote.
- Reduce or eliminate the time it takes to invoke cloture: The Senate could reduce the amount of time necessary to invoke cloture and conduct a final vote. This could be done by allowing a swifter vote on a cloture petition, by reducing or eliminating the time devoted to post-closure debate, or both.
The Senate changes the rules all the time, by simple majority vote—that's how they made it possible for Obama to nominate a bunch of judges and about 170 executive-branch officers—and it would be so much easier to carry on with it that way, giving Joe Manchin and Kyrsten Sinema cover to vote for it (in 2011, Manchin voted for a great reform idea, that of forcing anybody who wanted to stop the cloture vote to give a good old-fashioned Mr. Smith Goes to Washington talking filibuster, but it didn't get past McConnell) without breaking their promises.





