I only realized this after reading a post from Dec 23 08 by Nate at fivethiryeight.com. Nate pointed out a very interesting scenario but failed to develop it, at least in the direction my mind is taking this. Nate rightly points out that senate rules state that 3/5 of duly 'chosen and sworn' senators is required for a cloture vote. Because MN may not certify until a little after the senate convenes on Jan 3rd and IL may not chose Obama's replacement until who knows when. There is likely to be only 98 'duly chosen and sworn' senators 3/5 of 98 is 59. What Nate failed to realize is that Dems don't have 59 senators with those two empty seats they only have 57 (55 + 1 indep + Judas) which is 58.2.
I'm willing to take this to the next level if Sen Reid who's hands are always tied for some reason or the other, even from positions of strength could say at least to some the likely seat holder senate replacement senator from Del (Biden's seat) and have Senators Salazar and Clinton resign early on. You can then orchestrate a period were you have only 95 'duly chosen and sworn' senators. 57 is 3/5 95 'pow' your filibuster proof. You promise those senators no loss in their seniority when they are sworn in.
Update I made the same mistake Nate made... minus Obama/Clinton/Salazar/Biden/Franken that gets you 52 + 1 indep + Judas. 54/95= .57. For this to work you have to have repugs delayed entry. Dems would need 54 out 90 for this to work. So much for that.
in theory this is still a idea if the numbers are on you side.
How long would this last. I'd say until the end of Obama first 10 days in office. Yes this is diabolical and evil. If the Repugs had thought about it 1st they would be doing it. The problem is that repugs could do the same thing if at a time in the future the numbers favor them.
What does 95 'duly chosen and sworn' senators get you.
- You get cloture on senate rules and committee size and assignments. With the right to file the vacancies into the committees as they are sworn in.
- You get D.C. Congressional and senate representation. The only thing holding this up is the senate. Annex D.C. to VA. Obviously you'll discuss this with the Virginian governor.
- Woman's equal pay bill passed. But this may already have enough crossover repug votes.
- Voters bill of rights - Voting reform.
- the Pro labor bill passage gets tricky because Dems may lose a Dem vote on that one Sen Lincoln Ark
I can go on. but I think 1, 2 & 3 will have long lasting effects on Dem rule. I am ambivalent about this suggestion because even though it allows Dems to set the rules and be in control, it would allow Dems so called leaders Reid, Pelosi and Hoyer to continue their reign of incompetence and self proclaimed tied hands. For this to work you'll have to get Pelosi/Reid and Obama to agree on legislation in advance and limit amendments so the said bills can sail through both bodies of congress.
Cloture http://rules.senate.gov/...
After no more than thirty hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all amendments not then actually pending before the Senate at that time and to the exclusion of all motions, except a motion to table, or to reconsider and one quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the final vote begins. The thirty hours may be increased by the adoption of a motion, decided without debate, by a threefifths affirmative vote of the Senators duly chosen and sworn, and any such time thus agreed upon shall be equally divided between and controlled by the Majority and Minority Leaders or their designees. However, only one motion to extend time, specified above, may be made in any one calendar day.