In competition of all kinds, it’s reliably true that folks on the losing side are far likelier to reach for the rule book — hoping some procedural wrinkle can be found to save them in time from a shortage of skill or good fortune. So now a small but growing group of House Republicans, out of political anxiety or ideological distaste, have decided it’s a doomed proposition to condition reopening the government on a legislated undermining of Obamacare. Lacking the legislative clout within their own party to win on the merits, at least on their own, these GOP quasi-moderates have been scouring the parliamentary back alleys for help advancing legislation to end the government shutdown with no strings attached. They are doing so against the wishes of Speaker John A. Boehner, R-Ohio, and a majority of their caucus. Motions "to recommit" or to consider "the previous question" are no good to this GOP faction. There’s not a privileged motion immediately available to them, and "Calendar Wednesday" (it’s complicated) has been effectively neutralized. All of which has led to a surge of attention to "the discharge petition," which at first blush looks to be the only procedural option available. But the cumbersome fine print that makes this vehicle so unwieldy to begin with — combined with the political peril for any member of the majority caucus who seeks to deploy it — means its current moment in the sun may have already passed. (more…)
