Democrats learn to love the filibuster

Senate Democrats are falling back in love with the filibuster.

After eight years of complaining about obstructionism, the Senates new Democratic minority is embracing some of the same tools Republicans had wielded so skillfully to jam the legislative machinery. On Tuesday, Democrats used the filibuster to stop a bill that would fund the Department of Homeland Security and roll back President Barack Obamas immigration policies dead in its tracks.

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Democrats relationship with the filibuster had been on the rocks when they ran the Senate, a time when the GOP regularly used the procedural weapon to disrupt the majoritys agenda. Democrats responded by gutting the filibuster on nominations, making Republican obstruction a go-to explanation for the Senates gridlock and complaining bitterly when the GOP minority blocked debate from even opening on bills.

Then came Tuesdays 51-48 vote blocking the DHS bill. This was the first time a Democratic minority had blocked a bill from coming to the floor for debate since Aug. 3, 2006, when Democrats stifled legislation that would have raised the minimum wage and decreased the estate tax.

Casual Senate watchers could be forgiven for thinking that Democrats and Republicans had simply exchanged talking points after the 2014 election. Now in the majority, Republicans are the ones accusing the minority of keeping the Senate from getting things done.

Theyre refusing to debate a bill theyd like to change, Senate Majority Leader Mitch McConnell (R-Ky.) said of the Democrats. He added: Its rather an, honestly, absurd position. Im glad I didnt have to come out here and make that argument with you all, because I think its a pretty hard argument to make with a straight face.

McConnell, who had made countless procedural arguments against Democratic legislation during his stewardship of the minority, said Democrats instead should allow debate on the bill and offer amendments.

More filibusters may come in a matter of days if Republicans follow through on their threats to make Democrats repeatedly reject the DHS-immigration proposal. It appears Democrats will block any attempt to bring a DHS funding bill with riders to the floor.

Democrats have always supported keeping the filibuster for legislation, leaving it in place even when they gutted the 60-vote threshold on executive branch nominations in 2013. Senate Minority Leader Harry Reid (D-Nev.) set out this year prepared to use the procedural tool to parry aside legislation that his caucus broadly opposed and the DHS and its immigration policies fit the bill perfectly.

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Democrats learn to love the filibuster

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