“Since filibustering imposes virtually no costs on the minority, at least in the modern Senate in which the norm against filibustering is long gone, there’s every incentive for the minority to filibuster even if they don’t really oppose something or someone,” Jonathan Bernstein wrote. “Governing is all about bargaining, and the filibuster under current rules gives opponents of anything a powerful bargaining chip.” Though some have suggested that the GOP won’t filibuster as much next year, Bernstein disagrees. “While it’s impossible to see more filibusters (since by insisting on 60 votes, Republicans already filibustered everything), it’s very likely we’ll see just as many,” he wrote. “And that makes the question of Senate rules reform absolutely crucial.”
But Jennifer Rubin argues that “those planning on tinkering with Senate rules are well-advised to do some serious thinking about the unintended consequences of their desire to give the Senate majority more power,” noting that the Senate could switch to a GOP majority in 2012.
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