WASHINGTON - U.S. Senator Tom Udall, D-NM, today argued in a Senate committee hearing that rising abuse of "secret holds" to obstruct key nominations and legislation further underscores the need for his proposal to reform the Senate rules in accordance with the Constitution. To watch Udall's remarks, click here and here .
Udall, a member of the Senate Rules Committee, continued his push for the Constitutional Option during the third in a series of hearings by the committee on filibuster reform and other Senate rules, this one titled Examining the Filibuster: Silent Filibusters, Holds and the Senate Confirmation Process.
This hearing featured testimony by three of Udall's Senate colleagues, including Missouri Senator Claire McCaskill, who has led the effort to end the practice of secret holds. Approval of McCaskill's proposed change to the Senate rules would require 67 affirmative votes - a threshold Udall says is constitutionally unnecessary.
Under the Constitution, Udall argues that the Senate has the right to adopt its rules of procedure by a simple majority at the beginning of the new Congress. Since 1959, the Senate rules have included language mandating that they continue from one Congress to the next, unless modified in accordance with the rules. However, Senate Rule XXII requires the approval of "two-thirds of the senators present and voting" in order to limit debate on a change to the rules. This provision, which effectively prevents the Senate from ever amending its rules, directly conflicts with the Constitution's guarantee that "each House may determine the Rules of its proceedings."
"Talking about change, and reform, does not solve the problem. We can hold hearings, convene bi-partisan committees, and study the problem to death," Udall said. "But until we agree that the Constitution provides the right for each Senate to adopt its rules of proceedings by a simple majority vote, there will be no real reform."
Earlier this year, more than 100 executive branch and judicial nominations were pending for consideration by the Senate, many of which were delayed by secret holds from anonymous senators. On average these nominations languished on the Senate calendar for more than 105 days, with many waiting several months more.
