Health Reform's Real Killer: The Filibuster (Courant Editorial re Lieberman)

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Health Reform's Real Killer: The Filibuster
IT'S NOT JOE LIEBERMAN • King filibuster is a "democratic" institution in which the majority doesn't always rule




Democratic colleagues of the Connecticut senator were just as put out with Mr. Lieberman as Ms. DeLauro was.

Their frustration, of course, is over Mr. Lieberman's manipulation of Senate rules to prevent a vote on landmark health care reform legislation unless the bill mirrors his thoughts on the subject.

The manipulation — and the rules — are profoundly undemocratic.

It takes 60 votes to stop debate — called "cloture" — and move to a final vote on a bill. At present, without any Republican help, the 60-member Democratic caucus (which includes Mr. Lieberman, an independent Democrat) can stop debate and call for a vote on a bill only if it sticks together. Then, on a final vote, a bill needs only a simple majority to pass.

But with a united Republican minority of 40 seemingly in permanent filibuster mode, it takes only one senator in the Democratic caucus to fall away and prevent the majority from getting that 60th vote for cloture, thereby gumming up the works. The legislation must either be modified to get 60 votes or set aside — even if a majority of 50-some senators is for it.

This week, Mr. Lieberman was the most conspicuous "60th vote," demanding significant changes in the Senate health care bill and threatening to join the Republican filibuster if he didn't get them. But other Democrats may play the spoiler role as well.

Something as significant as reforming the nation's broken health care system may be lost in the Senate because it now takes a super-majority of 60 votes to pass a bill. It's a prescription for permanent gridlock and mounting public cynicism.

Every bill — and confirmation of executive appointments — should get an up-or-down final vote. They should not be bottled up by a filibuster that takes a super-majority to break.

This editorial page opposed the threatened Democratic filibusters of President George W. Bush's Supreme Court nominees and said each should get an up-or-down vote. In those years, Mr. Lieberman was a member of a bipartisan group of moderates that wanted to limit the use of the filibuster.

Where is that Joe Lieberman now?




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