Senate Democrats are drawing a line at Senate Minority Leader Mitch McConnell's (R-Ky.) demand that a power-sharing agreement in the 50-50 Senate include a pledge to retain the legislative filibuster. "If we gave him that, then the filibuster would be on everything, every day," Sen. Richard Durbin (D-Ill.) told NBC's Chuck Todd on Sunday's Meet the Press. Senate Majority Leader Chuck Schumer (D-N.Y.) offered McConnell "word for word" the same power-sharing agreement used in the first half of 2001, and McConnell's insistence on adding the filibuster pledge is "a non-starter."
But until Schumer and McConnell reach agreement on the Senate's operating rules, Republicans still retain much of the majority they lost last Wednesday.
"Without an organizing accord, Republicans remain in the majority of most Senate committees," and "veteran Democrats eager to seize the gavels and advance their long dormant agendas can only wait and wonder," The Washington Post explains. "Newly sworn-in Democratic senators cannot get committee assignments until an organizational deal is struck," leaving the old GOP-majority structures in place, and "Democrats can't unilaterally impose an organizing agreement because they would need Republican support to block a filibuster."
The filibuster has evolved into a sclerotic de facto requirement for a 60-senator supermajority on all legislation. Frustration with obstruction by the minority led Senate Democrats to end the filibuster for some presidential appointees and lower-court judges in 2013, and McConnell continued eroding the filibuster as majority leader, killing it for Supreme Court nominees and further easing the confirmation of presidential appointees.
A handful of Democratic centrists would prefer to keep the filibuster — for now. But there is mounting pressure from inside and outside the chamber. "There is absolutely no reason to give Sen. McConnell months and months to prove what we absolutely know — that he is going to continue his gridlock and dysfunction from the minority," said Eli Zupnick, a spokesman for the anti-filibuster liberal coalition Fix Our Senate.