The Senate's global warming debate ended today when an attempted cloture vote fell far short of the votes it needed, 48-36, despite the support of Democrats who oppose the substance of the legislation but are siding with party leaders in trying to beat back a politically charged filibuster.
The vote broke largely along party lines, although GOP Sens. Susan Collins of Maine, Elizabeth Dole of North Carolina, Mel Martinez of Florida, Gordon Smith of Oregon, Olympia Snowe of Maine and John Sununu of New Hampshire joined with the majority of Democrats in voting for cloture.
Meanwhile, Democratic Sens. Sherrod Brown of Ohio, Byron Dorgan of North Dakota, Tim Johnson of South Dakota and Mary Landrieu of Louisiana sided with most Republicans in opposing cloture.
Among the 16 absentees were presumptive Republican presidential nominee Sen. John McCain of Arizona, presumptive Democratic presidential nominee Sen. Barack Obama of Illinois and Sen. Hillary Rodham Clinton of New York.
Sen. Joseph Lieberman, D-Conn., entered a statement on McCain's behalf saying he would have voted for cloture, and Senate Environment and Public Works Chairwoman Barbara Boxer entered similar statements of support from Obama and Clinton.
Several Democrats from heavy manufacturing and energy-producing states who were skeptical or opposed to the legislation did side with Democratic leaders in today's vote. They included West Virginia's John (Jay) Rockefeller, Nebraska's Ben Nelson, Montana's Jon Tester and Arkansas' Mark Pryor.
The measure aims to reduce U.S. greenhouse gas emissions 70 percent by midcentury through a cap-and-trade program.
"I separate the two," Nelson said. "I may be against the bill, but I want to vote for its consideration so it gets an up-or-down vote. I don't believe in using the cloture process to block things."
This type of support helped Democratic leaders reach the symbolic threshold of having a majority of senators side with them on at least a procedural move that is aimed at trying to make Republicans look like obstructionists.
"I've still got concerns about the bill," Tester said Thursday. "I'm not sure we have enough votes for cloture, but I think we need to do something. There was so much time wasted yesterday."
Tester was referring to a nine-hour reading of the entire 492-page climate change bill Wednesday, part of a Republican protest regarding an impasse on judicial nominees.
Republicans have charged that Democratic leaders are being equally politically opportunistic by forcing Republicans to block a bill that is bad for the economy and preventing skeptical Democrats from having to face tough votes on amendments.
They pointed to the move by Majority Leader Reid late Wednesday after the marathon reading to "fill the amendment tree," or limit amendments to those he signs off on, and then invoking cloture to limit remaining debate.
Some Republican opponents of the bill had predicted the cloture vote would go down. "Oh yeah, big time," Sen. Christopher (Kit) Bond, R-Mo., said. "I think we'll come back again next year," Senate Republican Conference Chairman Lamar Alexander of Tennessee said. "This bill is the wrong way. It's well intentioned but, it's the wrong way."
Republicans appeared to relish the chance to keep the bill up as long as possible in order to hammer Democrats on gas prices and other energy costs they say would go up from implementing the measure.
Several other senators in both camps were missing in action on today's vote.
Sen. Kent Conrad of North Dakota, who would have voted against limiting debate, planned to catch an early-morning flight to attend an event today at his state's Minot Air Force Base.
He would have voted against limiting debate on the bill "because the way it's set up now you can't amend it and amendments would be necessary for me to support the bill."
Sen. Robert Byrd of West Virginia, who was the only Democrat to vote against limiting debate on going to the bill -- the only other roll call vote cast in this week's debate -- is still recuperating from an infection and also missed the vote.
Sen. Edward Kennedy, D-Mass., who would have likely voted with Democratic leaders, is recuperating from brain surgery at home.
Meanwhile, Byrd, ever mindful of congressional prerogatives, particularly in his role as Appropriations Committee chairman, introduced an amendment to the bill that would preserve the role of the Appropriations committees in allocating the funds raised by the measure, while ensuring that the funds are spent on their intended purpose.
Under the approach -- known as "offsetting collections" -- the funds would be appropriated annually in appropriations bills for the specific purposes authorized under the climate bill, but those appropriations would be paid for by the receipts collected under the measure.
The legislation is expected to raise billion of dollars by auctioning off a portion of greenhouse gas pollution allowances issued by the government each year. Those receipts would offset the cost of the appropriation.
If enacted in its current form, the legislation would cede spending power -- more than $1.4 trillion in new and existing federal programs over a span of 38 years -- to executive branch boards and agencies.
"Our Founding Fathers clearly did not intend for Congress to relinquish the power of the purse to any president for any issue -- and certainly not for nearly four decades on such a crucial and timely issue," Byrd said in a release. "This amendment, if adopted, would preserve Congress' constitutional role in making spending decisions, while preserving the intent of the underlying legislation."
The amendment was co-sponsored by Sens. Patty Murray, D-Wash., and Dorgan and is also supported by Appropriations ranking member Thad Cochran.
This article appeared in the Saturday, June 7, 2008 edition of National Journal Daily.
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