Is there a way to save the fillibuster?
Much has been discussed about the U.S. Senate’s filibuster rule. The filibuster has been described largely as a partisan protection procedure for the minority party. Normally, just 41 senators can block legislation from coming to the full chamber because it takes 60 votes to end debate on a motion to bring bills to the floor. Such motions usually are agreed to by unanimous consent.
Many are familiar with the filibuster from Jimmy Stewart who starred as a senator in “Mr. Smith Goes to Washington.”Stewart played Jefferson Smith whose reputation was unfairly being attacked. He took to the floor to prove his innocence, and after a 25-hour filibuster, he saved his reputation as a good person.
I was a Senate staffer for the late U.S. Senator John Heinz, R-Pa., who died in an air accident over Philadelphia 30 years ago today. I saw first-hand how the filibuster is used in a nonpartisan way.
Then Rep. William (Bill) Gray, D-Philadelphia, and other transit advocates, including Sen. Heinz, grew weary over Pennsylvania’s failure to enact dedicated revenue for public transportation. He inserted a provision in the Transportation Appropriations
bill withholding 25% of Pennsylvania’s highway funding unless the state acted. Sen. Heinz believed Congress had no business muscling Pennsylvania, and only Pennsylvania. After successfully arguing to have the Senate drop the provision, it was resurrected by the Senate-House conference committee. When he offered an amendment to have it stripped, he lost lost on a party-line vote.
This was not supposed to be a partisan issue. So Sen. Heinz launched his own filibuster for three hours. By unanimous consent, the issue was set aside while a deal was worked out. Heinz had won.
Like Jefferson Smith and John Heinz, perhaps there is a way to save the filibuster for those willing to speak for as long as it takes.
The Senate can restore the filibuster as a tool to honor its distinction as the world’s greatest deliberative body while ensuring the tool is not simply a weapon of mass obstruction.
LEONARD GLICKMAN
Middletown, N.J. The writer is a Pittsburgh native.