At the end of the day the GOP finally got it. They're slow but even they have a learning curve-it's just very slow. So crisis averted. The Dems get the executive nominees confirmed and no nuclear option. As Greg Sargent says, this was always the preferred option by the Dems:
"There will be some disappointment out there that the filibuster wasn’t changed, and that’s understandable. But anyone who thought Harry Reid would change the rules for the sake of filibuster reform itself just wasn’t paying attention."
"This has always been about forcing Republicans to drop their blockade of nominations. The preference of Dem leaders has, from the outset, plainly been to avoid a rules change by simple majority by getting Republicans to cave on just enough nominations to give them the cover not to change the rules. The future of the filibuster aside, Democrats got this, and then some. And, crucially, by standing firm, and escalating the threat level in a way that maintained credibility, they made it clear that there is a marker that Republicans must not cross — there is a point at which Republican obstructionism becomes so undemocratic and intolerable that Democrats will change the rules to put an end to it. That marker remains in place."
"There will be some disappointment out there that the filibuster wasn’t changed, and that’s understandable. But anyone who thought Harry Reid would change the rules for the sake of filibuster reform itself just wasn’t paying attention."
"This has always been about forcing Republicans to drop their blockade of nominations. The preference of Dem leaders has, from the outset, plainly been to avoid a rules change by simple majority by getting Republicans to cave on just enough nominations to give them the cover not to change the rules. The future of the filibuster aside, Democrats got this, and then some. And, crucially, by standing firm, and escalating the threat level in a way that maintained credibility, they made it clear that there is a marker that Republicans must not cross — there is a point at which Republican obstructionism becomes so undemocratic and intolerable that Democrats will change the rules to put an end to it. That marker remains in place."
That's a crucial detail. The GOP consents to allowing Richard Cordray to be confirmed to the FPB-in fact the vote for cloture already passed 71-29. We had a number of Republicans who had sworn back in February to never confirm him without major changes to the agency voting affirmative. The GOP agreed to allowing up and down votes on the other 6 Obama executive nominees in addition-for Labor, EPA, etc.
The sticking point was the NLRB picks. The Dems agreed to change the nominees-the current ones were the ones the Federal court claimed were appointed illegally through a recess appointment. Still on balance it seems they should come out ahead here as well as the two new nominees.
" Democrats agreed to replace two of the appointments to the National Labor Relations Board, but according to the Dem aide, the agreement provides that the replacements can be picked by labor, and that Republicans agree to confirm them by the end of July."
"What’s more, a third NLRB slot — the one held by Richard Griffin — expires in 2014. The aide says Republicans agreed not to filibuster that one, either. “We are essentially getting three NLRB noms,” the aide emails.
True the filibuster wasn't changed. However, as the Dems retain the right to do the nuclear option later, they have laid down the crucial marker for GOP behavior going forward.
Meanwhile, the deal apparently was done over Mitch McConnell's head thanks to the work of Arizona Senator John McCain. He has been desperate to avoid the nuclear option but he also showed that he understands that the GOP had pushed Democrats too far.
So good job Democrats! Not only have they secured confirmation of Obama's nominees but they also have set a line in the sand where filibuster reform will come up again if McConnell and friends forget.
“Senator McCain frankly initiated these calls because he was so eager to avoid having a blow-up on the rules,” Sen. Chuck Schumer (D-NY) told reporters on Tuesday. “We kept batting things back and forth as to what could please his side and what could please our side. And came to a mutual and happy accommodation.”
So good job Democrats! Not only have they secured confirmation of Obama's nominees but they also have set a line in the sand where filibuster reform will come up again if McConnell and friends forget.
“Senator McCain frankly initiated these calls because he was so eager to avoid having a blow-up on the rules,” Sen. Chuck Schumer (D-NY) told reporters on Tuesday. “We kept batting things back and forth as to what could please his side and what could please our side. And came to a mutual and happy accommodation.”
"A senior Democratic aide said that “[g]iven what he heard in joint caucus yesterday, Sen. Reid and the Dem leadership feels it has to give the negotiation a serious shot before pulling the trigger. This confrontation was always set up in such a way that the Republicans chose their own adventure — if they wanted to meet all our requirements, then there was no nuclear option.”
Indeed, for once the GOP made the right choice though it took them long enough. It just goes to show that this was the right way to deal with them. Escalation of the nuclear threat really turned out to be a 'free good.'
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