CWA President Larry Cohen Talks Senate Rules with Orlando Sentinel

Orlando Sentinel: U.S. Senate Republicans, who hold 45 of 100 seats in the chamber, have increasingly taken advantage of filibuster rules that allow as few as 40 members to stop action on legislation or nominations. A left-leaning coalition, Fix the Senate Now, has been pushing for a package of rule changes that would make it much harder for the chamber's minority to block votes.

Larry Cohen, president of the 700,000 member Communications Workers of America, is one of the coalition's leaders. In an email interview with Sentinel Opinions Editor Paul Owens, Cohen argued that the changes are needed so that senators can "do their job."

Q: The current filibuster rules have been around for decades. Why does the coalition think they need to be changed now?

Cohen: The Senate rules are being abused. The rules have changed many times over the years, and today, a supermajority of 60 votes is required to move any Senate business forward. When Lyndon Johnson was majority leader, there was just one filibuster. During current majority leader Harry Reid's first term, there were 386. The so-called filibuster, though it doesn't require any lengthy speeches, or frankly any talking at all, now blocks nearly all debate and resolution.

As we've seen recently, one senator can block debate on a presidential nominee for some unrelated or undisclosed reason. It's fine to vote no on a nominee, but the president deserves a vote on his executive and judicial nominations.

Q: Defenders of the current rules say it's not supposed to be easy for the Senate to pass things. Do you disagree?

Cohen: The American people expect their senators to do their job. Today's Senate barely functions. Last year, at least 15 bills with majority support didn't get a minute's debate on the Senate floor.

Q: Defenders also say that the current filibuster rules preserve the rights of the Senate minority. Does the coalition not believe in those rights?

Cohen: Our coalition believes in democracy and the Constitution. The president has the responsibility to make executive and judicial nominations, and the Senate's obligation is to advise and consent on those nominations. Article II of the Constitution provides for Senate confirmation by majority vote. The Constitution also specifies that a supermajority (60 votes) is required for treaties. However, procedural delays used by the Senate minority mean a 60-vote supermajority is required for virtually every action.

Q: Both supporters and opponents have called changing the filibuster rules "the nuclear option." Aren't you afraid it would do serious damage to the Senate as an institution?

Cohen: The nuclear option gives the presiding officer authority to override Senate rules by making a ruling that is then upheld by a majority vote. Our coalition supports common-sense changes to the rules at the start of a new legislative session. We also support use of a procedural motion (used 18 times since 1978) that enables nominations to get an up-or-down vote. It's Senate gridlock that is doing serious damage to our democracy.

Q: If this is not a partisan exercise by the coalition, why aren't any Republicans supporting the call to change the rules?

Cohen: Republicans have said they will change the rules when they have the majority.

Q: Wouldn't a change now destroy any meaningful prospect of bipartisanship in the Senate, at least for the foreseeable future?

Cohen: Is there bipartisanship? Today's Senate is marked by party polarization and intentional gridlock. Our coalition of workers, environmentalists, civil-rights and good-government activists pushed for confirmation of nominees to the National Labor Relations Board, the Consumer Financial Protection Bureau, the Environmental Protection Agency and others. More than 2 million people were mobilized, and we succeeded.

Without real change to the Senate rules, gridlock will be the norm for many years.

Q: Couldn't a rule change come back to bite Democrats if they lose control in the Senate after the 2014 elections?

Cohen: We need to change the rules so that the Senate carries out its constitutional obligations and functions as it should in a 21st century democracy. Republicans have said they will change the rules.