Minority leader Mitch McConnell is no longer holding on to the Senate’s organizational resolution – after two Democrats confirmed that they will not blow up legislative obstruction anytime soon.
In the past few weeks, Senate Majority Leader Chuck Schumer and McConnell have been working to negotiate the organizing resolution – which governs committee membership and fund allocation – in the 50-50 Senate. The leaders had already been at an impasse because McConnell demanded that Democrats commit to keeping legislative obstruction intact as part of the resolution, something Schumer was unwilling to do as it would reduce the party’s influence in negotiations on future legislation.
Since the organization’s resolution could be obstructed – and would need 60 votes to pass – McConnell’s opposition effectively allowed him to prevent the measure from moving forward.
And while he didn’t get the changes to the organizing resolution he wanted, McConnell’s approach still worked in one way: in the midst of the deal, two Senate Democrats – Joe Manchin (D-WV) and Kyrsten Sinema (D- AZ) – publicly reaffirmed that they would not vote to eliminate the obstructionist. Without their support, Democrats simply won’t have the numbers to make a change to the rules: all 50 members of the caucus would need to support a change in obstruction for this to happen. (It is important to note that this position is consistent with the positions that both legislators have expressed before.)
It is because of the statements by Sinema and Manchin that McConnell now says he is satisfied and willing to move forward with the organizational move, after causing some irritating delays. Without this resolution, Democrats could not formally assume the positions of committee chairs, and the new members have not yet occupied a seat on the committees. Republicans also maintained the ability to oversee consideration of nominees and other political priorities.
“Today, two Democratic senators have publicly confirmed that they will not vote to end the legislative obstruction,” McConnell said in a statement late on Monday. “With these guarantees, I hope to move forward with a power-sharing agreement modeled on that precedent.”
McConnell’s statement came as pressure from Democrats grew for him to relent – and his refusal to compromise was beginning to threaten Senate business. “We are happy that Senator McConnell threw in the towel and gave up on his ridiculous demand. We hope to organize the Senate under Democratic control and start doing big and bold things for the American people, ”said Justin Goodman, a spokesman for Schumer.
McConnell secured the commitment of some Democrats, although that may still change
Although McConnell is not getting the promise he wanted from Schumer about preserving legislative obstruction, he did get one from Manchin and Sinema – whose votes would be vital to approve a change in the rules.
Both legislators issued strong statements expressing their opposition to the explosion of legislative obstruction, which requires that most bills reach the 60-vote limit to pass.
“She is not willing to change her mind about removing the obstruction,” a Sinema spokesman told the Washington Post on Monday. Manchin echoed that position in an interview with Politico: “If I didn’t say it very clearly, perhaps Senator McConnell didn’t understand it, I basically want to say it to you. That I’m not going to vote in this Congress, it’s two years, right? ”
Armed with these assurances, McConnell signaled that he would be comfortable proposing the organization’s resolution, as his focus was on maintaining the obstruction to preserve the minority’s ability to block legislation it disagrees with. Legislators’ positions on obstruction may, of course, still change, despite the statements they issued.
Ultimately, maintaining the obstruction is likely to make the passage of any comprehensive legislation likely, as Democrats would need each member of their caucus plus 10 Republicans to do so. That is why many of the most progressive members of the caucus, such as Sens. Elizabeth Warren (D-MA) and Ed Markey (D-MA), called for the abolition of the obstruction. And some other Democrats, including those who hesitate to change the rules, have also recognized this difficulty.
A statement that Senator Jon Tester (D-MT) gave to the New York Times summarizes how some Democrats currently reluctant to end the obstruction are thinking about the issue. They may be in favor of maintaining it now, but are open to considering more drastic actions if McConnell continues to obstruct Biden’s agenda. “If everything that happens is obstruction after obstruction, obstruction after obstruction, then my opinion may change,” said Tester, who is currently in favor of maintaining the obstruction.
Manchin and Sinema said they did not expect their positions to change. Whether they maintain this stance in the face of the ongoing Republican opposition, however, remains to be seen.