Monday, March 8, 2010
Reforming the Filibuster
My brilliant colleague Gerard Magliocca has a new and very timely working paper, available here from SSRN, on "Reforming the Filibuster." In it, Gerard recommends that instead of allowing a minority of the Senate to kill legislation by invoking cloture rules, the filibuster should be time-limited so as to merely delay legislation that ultimately would receive an up-or-down simple majority vote. The article usefully describes how a similar reform was accomplished in the UK's House of Lords, and addresses the various issues associated with changing the filibuster from a rule that terminates legislative proposals to a rule that merely suspends final action on them for a limited length of time. It is, as usual, a very readable and well-argued proposal.