It was a procedural measure requiring 60 affirmative votes,
as explained ahead of time by David Waldman. Even with the Senate's two independents and both Republican Senators from Maine on board, there was no way it could pass. So,
S. 940, the Close Big Oil Tax Loopholes Act, bit the dust late Tuesday, with only 52 votes
in favor of a motion that would have allowed the bill to be debated. Three Democrats joined the GOP side.
Sneer at forcing a filibuster as being nothing more than political theater if you want. But this was one of those worthwhile instances for Democrats to make Republicans publicly and at length defend their indefensible stance. In this case, they stood opposed to even discussing the merits of a Democratic bill to keep Americans from having to shell out $2 billion a year in tax "incentives" to the world's five largest private oil giants. Companies that made $36 billion in first-quarter profits. Companies for whom ending these giveaways works out to 1.4 percent of their annual profits. Annual profits bolstered by motorists paying 38 percent more for gasoline than they were last year at this time.
Several Republicans who voted not to talk about S. 940 have in the past said they favored ending some or all oil-company giveaways. However, faced with glares from Grover Norquist at Americans for Tax Reform, they closed ranks Tuesday. All except for Olympia Snowe and Susan Collins,
Unfortunately, the political impact of making Republicans defend their blockade of discussion gets diluted a wee bit when Democrats jump ship, as Sens. Mary Landrieu of Louisiana, Mark Begich of Alaska and Ben Nelson of Nebraska did. Especially when they add to it by ridiculing compatriots on their side of the aisle. Here's Landrieu doing just that: “This is entertainment. And it's really not funny, and it's not laughable—it's very serious."
What's really not funny is that Republicans and Democrats have been trying to hack a few trillions out of federal spending, much of which will come from programs designed for Americans on the bottom economic rungs. Yet a paltry $2 billion a year of "shared sacrifice" by the richest oil companies is too much for Sens. Saxby Chambliss of Georgia, Mike Crapo of Idaho and Tom Coburn of Oklahoma. They are the Republican members of the now-defunct "Gang of Six," the ad hoc group of Senators which was doing the hacking. All three voted against the motion to discuss the oil-company giveaways. They haven't been so reticent when it comes to taking a hunk out of, say, Head Start funds. (Coburn scuttled the gang this week by dropping out because his proposal for Medicare cuts was considered unacceptable.)
What Tuesday's vote comes down to is exactly what Sen. Jay Rockefeller said to the gang of five oil CEOs who testified last week at a Senate Finance Committee hearing:
"The main reason you're out of touch … is that you never lose. You've never lost. You always prevail in the halls of Congress. … [You are] deeply and profoundly committed to sharing nothing."
Democrats say they're not going to give up this fight. Senate Majority Leader Harry Reid of Nevada said he plans to push the repeal of the giveaways:
“I am confident that before we finish our budget negotiations here in anticipation of raising the debt ceiling that that will be part of it,” Reid told reporters in the Capitol.
Just how Reid expects to pull this off given the stubborn recalcitrance of not only the Republicans but also of at least one Democrat—Ben Nelson—is anyone's guess.
Helping to put on some pressure are Sens. Claire McCaskill of Missouri, Chuck Schumer of New York and Sheldon Whitehouse of Rhode Island, who are running a petition campaign on ending the giveaways. You can sign here.
McCaskill and Schumer are also seeking a probe by the Federal Trade Commission into alleged gasoline price fixing. Several oil executives and trade groups have ridiculed the idea, with Charles T. Drevna of the National Petrochemical and Refiners Association saying:
"Instead of telling the American people the truth about gasoline prices, some politicians continue to spin tall tales and call for witch hunts to investigate discredited conspiracy theories about America's oil refiners," Drevna said in a statement Tuesday. "Once again, the same baseless claims are being trotted out by the same cast of characters."
He got one thing right: The same cast of characters is involved.