How to Kill the Filibuster with Only 51 Votes

Under the Supreme Court's precedents, just 51 senators will have a brief opportunity to reform or eliminate the filibuster next January.

Let's face it, the GOP's "Party of No" strategy is working. Democrats lost a once-unlosable Senate seat to a no-name Republican last Tuesday. Progressive voters are depressed by the many pounds of flesh conservatives extracted from cherished priorities such as health-care reform. Right-wing voters are jubilant about the prospect of a government shutdown.

With conservatives salivating, and progressives seriously questioning whether American government is too crippled to solve major problems, it's difficult to imagine that Democrats won't take additional losses next November. Even if they don't, however, a minority bent on total obstructionism now enjoys the power to veto nearly any bill or nominee. With the exception of the annual budget, literally nothing is likely to pass the Senate for the next three years.

It doesn't have to be this way, however. A long line of Supreme Court decisions forbid former legislators from tying the hands of their successors. Thus, although current senators may choose to impose a supermajority rule on themselves, they cannot impose such a rule on a new Senate. Under the Supreme Court's precedents, just 51 senators will have a brief opportunity to reform or eliminate the filibuster next January -- but this opportunity will disappear if they do not act right away.