Nonagenarian senator is helping keep holds alive

Democratic efforts to alter Senate rules to reduce filibusters and secret holds are highlighting the continued but often overlooked presence of a top foe of those efforts: Sen. Robert Byrd, D-W.Va.

Wheelchair-bound and infrequently in the Senate since giving up the Appropriations chairmanship after the 2008 election and a long hospitalization last year, the 92-year-old's power has greatly diminished. While his occasional Senate appearances draw greetings from colleagues, especially appropriators, Byrd's colleagues appear to regard him as almost a senator emeritus, a visitor from a past Senate more than participant in this one.

But Byrd, the longest serving senator in history and its president pro tempore, is still around. He can no longer steer appropriations like he used to; he disappointed Republicans by backing Democrats' use of budget reconciliation to help pass their healthcare overhaul and has softened his defense of the coal industry on issues like mountaintop removal mining.

Yet Byrd remains a staunch institutionalist whose public opposition to Senate rule changes may have more than symbolic import.

Byrd is the only Democrat who has not signed onto a call by Sen. Claire McCaskill, D-Mo., for eliminating secret holds where senators anonymously slow bills or nominations by informing their cloakroom they plan to object to a unanimous consent request to advance the measure.

Byrd's opposition not only bars Democratic unanimity, it could prove significant legislatively. Sen. Richard Lugar, R-Ind., Friday became the seventh Republican and 65th senator to back the change. McCaskill last week said she was close to winning backing from another Republican. That would give her 66 signatories who say they back a change to the Senate rules -- one short of the number needed for McCaskill to say she has the votes to change the rules.

While a spokeswoman said McCaskill is confident she will find 67 signatories, Byrd's opposition would prove decisive if McCaskill stalls at 66.

Senate Majority Leader Harry Reid, D-Nev., has told McCaskill not to lobby Byrd or his staff on the issue, a source said.

In a letter released last month by his office, Byrd said he would back efforts "to ignore holds after a familiar period of time" if the senatorial courtesy allowing anonymous holds is abused.

"There are situations when it is appropriate and even important for senators to raise a private objection to the immediate consideration of a matter with the leadership, and to request a reasonable amount of time to try to have concerns addressed," Byrd wrote.

While what they consider abuse of Senate rules may frustrate senators, "the rules, precedents, customs, practices, traditions and courtesies of the Senate have been forged over hundreds of years, and after much trial and experience," he added.

An aide said such discussions energize Byrd, who famously published a book based on speeches on Senate history he gave on the Senate floor. He was known for mastery of Senate procedure in stints as majority whip and majority leader.

Last month, Byrd testified at a Senate Rules Committee hearing, slowly reading from a statement opposing changes to filibuster rules. Sens. Tom Harkin, D-Iowa, Tom Udall, D-N.M., and Michael Bennet, D-Colo., have proposed steps to limit what they call Republican abuse of filibusters. All stand little chance of near-term enactment, but they help Democrats highlight what they say is GOP obstructionism.

With opposition to the Democrats' effort, Byrd aligned himself with Senate Minority Leader Mitch McConnell, R-Ky., and against Harkin and Rules Committee Chairman Charles Schumer, D-N.Y.

That did not stop Harkin and Schumer from lavishing praise on Byrd. Schumer called Byrd's testimony a "hallowed moment," though he did not say it altered his view.