GOP Not Sold on Lindsey Graham's Plan to Leave Washington to Block Budget Bill
By: WSJ
S E E D E D C O N T E N T
WASHINGTON—Sen. Lindsey Graham (R., S.C.) is pitching fellow Republican senators on a last-ditch gambit to block Democrats' $3.5 trillion budget resolution: Skip town.
Mr. Graham believes a united Republican caucus can deny Democrats the 51 votes needed for quorum by leaving the capital en masse, citing the example of Texas Democrats, who fled their state to prevent the GOP-controlled legislature from enacting stricter voting laws. He said he is driven by his opposition to immigration provisions that Democrats might include in their resolution.
"If they put in amnesty in…that's an assault on the system as we know it," Mr. Graham said. "We should use any tool in our box to stop it."
The Democrats' plan is expected to set aside $120 billion for establishing a pathway to citizenship for Dreamers—immigrants brought to the U.S. illegally as children—as well as other groups that could include farmworkers, according to Senate aides.
Some GOP senators are open to the quorum-busting idea, but others are skeptical, leaving Mr. Graham with a lot of convincing to do. When senators tried a similar trick decades ago, Capitol Police physically carried one of the fugitive lawmakers back onto the floor. Senate Democrats scoff at the threat.
Mr. Graham’s notion, put into play by the current 50-50 split in the Senate, has surfaced as longstanding norms and decorum are eroding on Capitol Hill.
Normally, under the Senate’s filibuster rule, the minority can prevent legislation from getting the 60 votes needed to advance. But a process called reconciliation allows budget-related bills to pass by simple majority, enabling Democrats to push through their $3.5 trillion package without any Republican support, if all 50 stick together. Vice President Kamala Harris could break a tie.
There is no precedent under which Ms. Harris would count toward quorum, however. Given that math, and the Constitution’s requirement that the Senate have a quorum to do business, some Republicans say they are intrigued by Mr. Graham’s plan to leave town. The senator first floated it on Fox News Channel last weekend and started reaching out to colleagues to gauge support.
“I agree with him,” said Sen. John Boozman (R., Ark.), who said he had a long visit with Mr. Graham to discuss the proposal. GOP Sens. Josh Hawley of Missouri, Kevin Cramer of North Dakota and Ron Johnson of Wisconsin all said they would consider participating. Sen. John Kennedy (R., La.) is keeping an open mind but urged caution: “It’s a serious step.”
Democrats ridiculed Mr. Graham’s exit strategy.
“Hallelujah,” quipped Sen. Jon Tester (D. Mont.), when asked what he thought about the possibility of Republicans leaving D.C. “This is goofy,” said Sen. Brian Schatz (D., Hawaii). “I think Lindsey was just being Lindsey.”
Asked about Mr. Graham’s tactics at a press conference on Tuesday, Senate Majority Leader Chuck Schumer (D., N.Y.) was dismissive. “That speaks for itself,” he said.
Denying quorum, known as “quorum-breaking” or “disappearing quorum,” was a common filibustering technique during the 19th century. Today, Senate rules allow the sergeant at arms to arrest absent senators and make them come to the floor.
While the sergeant at arms occasionally has been dispatched to corral senators, it is rare for a member to be physically forced into the chamber. The last time it happened was in 1988 , when Capitol Police carried Sen. Bob Packwood (R., Ore.) onto the floor feet first at 1:17 a.m. to compel a quorum for a campaign finance bill.
“It was turmoil,” said Sen. Richard Shelby (R., Ala.), who was presiding when it happened. Mr. Shelby is undecided whether he would join in Mr. Graham’s plan. “Generally, I would not like to just run on any fight.”
Sen. John Cornyn (R., Texas) said Senate Republicans would face the same problem as the Democratic House members in Texas: “Eventually they’re going to have to go back,” he said. “So all it does is delay it.”
Mr. Graham’s plan might not work, even temporarily. Quorum is assumed in the Senate unless someone asks for a quorum call, so Republicans would need at least one GOP senator in the chamber to make the request.
That Republican could duck out and hide, but then Democrats could request unanimous consent to end the quorum call, a senior Democratic aide said. With no Republican present to object, quorum would be assumed again, and Democrats would be free to pass any bills they wanted unilaterally, the aide said.
As of Wednesday, Mr. Graham still had work to do in his own caucus. “Probably not,” said Sen. Mike Rounds (R., S.D.), when asked if he would leave Washington to deny Democrats a quorum. “I’m not a big fan of those kinds of things,” said Sen. Marco Rubio (R., Fla.). Sen. Steve Daines (R., Mont.) was unequivocal: “No.”
Mr. Graham also has yet to convince Senate Minority Leader Mitch McConnell (R., Ky.).
“Republicans tend to show up and vote in person unlike Texas Democrats, or our Democratic colleagues in the House for most of the past year,” Mr. McConnell said, referring to proxy voting during the pandemic.
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