It won’t be long before the filibuster goes

[Bloomberg]( Follow Us [Get the newsletter]( Get Jonathan Bernstein’s newsletter every morning in your inbox. [Click here to subscribe](. Senate Democrats now have a [green light]( from the chamber’s parliamentarian to extend their use of the reconciliation procedure, which allows them to avoid filibusters on some bills. Previously, majorities have used reconciliation no more than once per budget year, but the plain language of the law has always allowed additional uses. Now the parliamentarian has confirmed that she would rule such use kosher. In practical terms, this may not mean that much. Democrats had the ability to pass three reconciliation bills during the current Congress anyway, and it’s far from certain they’ll use all three, let alone the additional ones that they’re now talking about. But more important, we’re continuing to see the erosion of the filibuster. Historically, the filibuster was only used occasionally, and usually as a means of negotiation rather than as a method of simply obstructing whatever the majority party wanted. Over the past 40 years or so, both parties have resorted to it more, with 1993 and 2009 — both years of unified Democratic government — key markers where the procedure’s increased use was most notable. Each action by the minority to exploit the rules in its favor, however, sparks a reaction by the majority. The bottom line is that any strict supermajority legislative body is inherently unstable, at least if the chamber sets its own rules, as both the House and Senate do. The only reason the 60-vote Senate has lasted this long is that Democrats had 60 senators or came close in 2009-2010, and therefore could beat the filibuster; then divided government made the procedure less important; then Republicans had two years of unified government with a slim majority and a narrow agenda, followed by two more years of divided government; and now Democrats have an extremely narrow majority. That’s for legislation; for nominations, the end came much quicker, largely because there have been more years where the president and the Senate majority have been from the same party than years of fully unified government. But even without the votes to eliminate the filibuster, [majority parties are fighting back](, as Republicans did in 2017 and Democrats plan to do now by using reconciliation. Democrats may also decide to force Republicans to stay on the Senate floor for a “talking” filibuster, at least if they can find a way to do so that is acceptable to West Virginia Senator Joe Manchin and other Democrats who are reluctant to impose new rules. We’ll also hear talk of carving out new exceptions to which legislation can be filibustered. Eventually — maybe in this Congress, maybe the next time there’s unified government, but before long — the whole house of cards will come down. The current situation just isn’t stable. And I’ll say it again: That’s what senators seem to want. Republican leader Mitch McConnell could keep the filibuster safe if he agreed to use it only for some bills, not all of them. But he clearly isn’t looking for such a deal and there appears to be no interest among other Republican senators — just as there was no interest among Democratic senators for cutting deals with the Republican majority in 2017 and 2018. Yes, a lot of lawmakers, usually those in the minority, talk about preserving Senate traditions and so forth. But it’s been years since any of them acted as if that’s what they really wanted. 1. Michael A. Smith on [media bias](. 2. Meredith Conroy on “anti-media” as a core part of [political identity for Republicans](. 3. Dan Drezner on [where the conservative movement is now](. 4. Annie Lowrey on the [consequences of index funds](. 5. Greg Sargent talks with Eric Rauchway about [Franklin Roosevelt’s presidency and Joe Biden](. 6. My Bloomberg Opinion colleague Ramesh Ponnuru on [earmarks](. 7. And Alexandra Petri on [the Matt Gaetz scandal](. Get Early Returns every morning in your inbox. [Click here to subscribe](. Also subscribe to [Bloomberg All Access]( and get much, much more. You’ll receive our unmatched global news coverage and two in-depth daily newsletters, the Bloomberg Open and the Bloomberg Close.  Before it’s here, it’s on the Bloomberg Terminal. Find out more about how the Terminal delivers information and analysis that financial professionals can’t find anywhere else. [Learn more](.  You received this message because you are subscribed to Bloomberg's Early Returns newsletter. [Unsubscribe]( | [Bloomberg.com]( | [Contact Us]( Bloomberg L.P. 731 Lexington, New York, NY, 10022