Bring On Mr. Smith

Gene Healy makes some compelling arguments in this article in Reason today. I don't know that I agree with him about the likelihood of the disallowing of filibusters on judicial appointments leading to the end of all filibusters, but he is right that the Republicans would be better off forcing their colleagues on the other side of the aisle to mount a real filibuster. As best I understand it, the current process of acquiescing when the other side announces that they plan to filibuster is nothing more than a gentleman's agreement. In reading the text of the Senate Rule, there is only the requirement of an affirmative vote "in the affirmative by three-fifths of the Senators duly chosen and sworn" to close debate, except to change the rules, in which case "the necessary affirmative vote shall be two-thirds of the Senators present and voting". The filibuster is meant to be used on issues that are so important as to put aside all other work of the Senate. The Democrats want to call on the memory of Mr. Jefferson Smith? Let them emulate him. Bring on the debate, and the cots.