Can The 60 Seats Give The Democrats a Filibuster Proof Senate?

By Mitch Jeserich, NEWS JUNKIE POST Guest Columnist
Regardless if Democrats have 60, 65 or even 100 Senators, a potential filibuster will always factor in the legislative process. Now that Senator Specter has switched parties and comedian & radio show host Al Franken will be seated this week, the number of Democrats in the Senate will reach that magical mark: The number of votes needed to invoke cloture(to break a filibuster).
It would be inaccurate to say it is anything less than a victory for the Democrats and their leader in the Senate, Harry Reid of Nevada. But the real victory goes to Senator Ben Nelson, a Democrat from Nebraska….and the most likely of Democrats to do what Specter did in switching parties. While it is unlikely Nelson would do so, it’s always easier to get what you want when your party is in the majority, it does put this Democrat, who is arguably to the right of a few moderate Republicans like Olympia Snow and Susan Collins, in position to be the most influential member of Congress on the most important issues of the day.
Ben Nelson is the type of Democrat that Republicans just love. While he has voted with his own party 68% of the time this year(not a particularly high number), his votes bucking his leadership are on some of the most contentious and immediate issues the Senate has taken up: From health care to home foreclosure protections, and from civil liberties to national security.
Lets be clear: Nelson’s political acumen is impressive. He is well liked. In fact, after being elected to the Senate in 2000 in one of the closest state wide races ever with just two more votes than his opponent. Nelson now has the highest approval rating of any Senator from his or her state at 68%. I have interviewed him a few times and I have found him amiable, pleasant and willing to answer my ” Pacifica Radio crazy questions”. But make no mistake about it, Nelson may present the biggest obstacle towards a progressive agenda in the Senate.
Before touching upon his records, it is important to note that it would be a mistake to characterize Nelson as a Republican in Democratic clothing. He was the only Democrat earlier this year in joining the centrist coalition with three Republicans (Specter, Snow and Collins) on President Obama’s $787 Billion stimulus package. Though it was that coalition that helped reduce the total number of dollars of the bill angering most liberal economists, Nelson was Obama’s most important ally by building the bridge that brought over the three Republicans needed to pass the measure.
So when you need Republicans, a conservative Democrat like Nelson can be extremely handy. But guess what? Democrats no longer need Republicans to pass contentious legislation, and from a progressive perspective, that transforms Nelson from a strategic member who can build cross aisle alliances to a liability.
We can look at the current debate on Capitol Hill concerning health care. Nelson has already said he will oppose reforms that include the public health insurance plan meant to compete with private HMOs. While single-payer model proponents are unlikely to get their wish with whatever bill ends up on the Senate floor, some may take solace that a public option would purportedly provide government health care for people who are uninsured. While a new poll by Consumer Report National Research Center show that 66% of people surveyed support the public option, opposition from such Democratic Senators like Nelson will make it very difficult to get a final proposal on the President’s desk ( to be fair, Nelson is not the only Senate Democrat to hold such reservations).
Other Nelson votes during this economic recession shows the Nebraskan Senator as a reliable ally for the GOP. He helped defeat Senator Durbin’s measure to prevent mortgage foreclosure and to defeat the measure to allow people facing foreclosures to go through a bankruptcy court as a last resort. Nelson also joined the GOP in opposing taxpayer-funded bailouts for auto manufacturers and he supported a measure meant to obstruct climate change legislation it it was deemed to threaten industry.
Predictably, a cursory look at opensecrets.org(every journalists best friend) reveals that Nelson’s top campaign donors are the insurance industry, the financial sector and health professionals.
Oh, and pro-Israel groups are number 16 on his top 20 list of campaign contributors. So it should not be surprising that he was one of two Democrats to attempt to break the filibuster against George W. Bush nominee of John Bolton to become US Ambassador to the UN. He also was one of the handful of Democrats to go with the GOP in giving lawsuit immunity to such telecommunication companies as AT &T in its involvement with the NSA’s wiretapping of US citizens.
Nelson is clearly not the only moderate Democrat who frequently crosses party line. Other notable include Senator Baucus of Montana, Senator Nelson of Florida and Senator Landrieu of Louisiana.
But Nelson, more that the others, is indicative of what happens to a super majority in the Senate when, by party number alone, it can bust a potential filibuster. Nelson, who is also a pro-life Democrat, was the only Dem to join the centrist that earlier this year forced down the total amount of money in the stimulus package. And when Republicans stay united, which is common when a party is in the minority and looking for a comeback, Nelson’s vote will decide many of the most important issues.
Perhaps this makes Nelson a good Senator- a lawmaker who has independent judgment and is not bound by political indoctrination nor bend to the Democratic leadership’s coercion. But it does create this simple fact: If progressives are hoping to politically turn the country to the left with concrete policies ranging from health care to regulating the financial industry and a change in foreign policy, Ben Nelson is their biggest obstacle.
