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A Hold-Up in the Senate

The Senate Rules Committee continued its series of hearings examining the filibuster and other forms of obstruction in the Senate today with testimony from two great panels on secret holds and the nominations process.

A secret hold happens when a Senator anonymously prevents a piece of legislation or a nominee from getting a vote on the Senate floor. It's not transparent and it's just one more example of how manipulation of the Rules continues to foster a level of gridlock and obstruction unlike any we've seen before.

Senator Claire McCaskill (D-MO) has gathered enough support to surpass the 67-vote threshold required to consider and amend the Senate rules in a letter that she circulated amongst our Senate colleagues. I was proud to sign onto her letter and I commend her for her tireless work to end the practice of secret holds.

I expressed my support for her effort in my statement before the committee today (watch video above). But the dysfunction we have witnessed throughout this session of Congress make it clear that secret holds are only a symptom of the larger problem of obstruction in the Senate. We need to tackle this head-on and identify changes that will prevent all the abuses we've seen.

The Senate needs to amend the rules that are not working by a simple majority at the beginning of the 112th Congress — the Constitutional Option .

Critics of the Constitutional Option claim that it will turn the Senate into the House of Representatives. This is not the case. There is a difference between protecting minority rights and dysfunction. Today I asked experts on our panel this very question. They were clear in their testimony that the Senate would maintain its unique position to protect minority rights.

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I look forward to continuing to participate in these hearings and examining the different ways that the Senate's rules have been abused. Next January, I will move for the new Senate to adopt its rules by a simple majority, and these hearings provide essential guidance for the kinds of the changes to the rules we should consider.

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