On Thursday, Senate Majority Leader Harry Reid forced a rules change that might well prove to be of equal consequence. Technically, his reform of the filibuster is modest: It lifts the 60-vote threshold on all executive-branch nominations and judicial nominations, save for the Supreme Court.In practice, it is sweeping: By changing the rules mid-session with 51 votes, Reid unwound the Senate's multi-decade transition from a chamber where majorities ruled into a chamber where only supermajorities could govern. The filibuster is effectively dead and the majority, to a degree that hasn't been true in years, is back in charge. (For more on this, see
9 reasons this will reshape American politics.)
Reid's decision had more than a whiff of hypocrisy about it. In 2005, when Republicans considered a similar change, Reid called it "breaking the rules to change the rules." Of course, Minority Leader Mitch McConnell's outraged reaction was no less hypocritical. Back in 2005, he said changing the rules with 51 votes was simply "what the majority in the Senate has often done — use its constitutional authority under article I, section 5, to reform Senate procedure by a simple majority vote.”
The truth is Reid didn't break any rules on Thursday. As McConnell correctly said in 2005, Senate procedure can be reformed by a simple majority vote. What Reid did, rather, was break a norm against making major rules changes with 51 votes.