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December 17, 2018

Cloture vote on FIRST STEP Act gets super-majority support in Senate

As reported in this article from The Hill, the "Senate advanced a White House-backed criminal justice reform bill on Monday, paving the way for senators to try to pass the bill as early as Tuesday." Here is more on the vote and what comes next:

Senators voted 82-12 to end debate on the legislation, which merges a House-passed prison reform bill with a handful of changes to sentencing laws.

Twelve Republicans voted against advancing the legislation despite President Trump endorsing the measure in November: GOP Sens. John Barrasso (Wyo.), Richard Burr (N.C.), Tom Cotton (Ark.), Mike Enzi (Wyo.), John Kennedy (La.), Jon Kyl (Ariz.), Lisa Murkowski (Alaska), Jim Risch (Idaho), Ben Sasse (Neb.), Dan Sullivan (Alaska), Mike Rounds (S.D.) and Pat Toomey (Pa.).

The Senate is expected to vote on potential changes to the legislation as soon as Tuesday before taking a final vote on the bill. “There are a number of members with outstanding concerns that they feel are still unresolved. ... The Senate will be considering amendments before we vote on final passage later this week,” Senate Majority Leader Mitch McConnell (R-Ky.) said ahead of the vote.

Though supporters rolled out a final version of the bill last week to try to win over more GOP senators, conservatives, led by Cotton and Kennedy, are expected to get votes on three amendments. Cotton, in a National Review op-ed published Monday, said his potential changes would help "limit the damage" and conservatives who had already said they would support the bill "have jumped on the bandwagon too soon."...

Toomey said in a statement that he was still weighing supporting the bill but voted no on Monday because it will block senators from voting on an amendment that he wanted to offer. “The First Step Act contains worthwhile provisions that seek to improve the criminal justice system and reduce offender recidivism, which is why I am seriously considering supporting it. However, today’s procedural vote was designed to preclude amendments, including one I intended to offer to support victims of crime," Toomey said.

The amendment votes are expected to be held with a simple majority threshold, meaning at least a few GOP senators would need to join with all Democrats to block them from getting added to the bill. Sen. Dick Durbin (D-Ill.), who helped craft the deal along with Sens. Chuck Grassley (R-Iowa) and Mike Lee (R-Utah), warned that as currently drafted that he believes Cotton's amendments are "poison pills" meant to undercut the legislation as a whole.

I am pretty sure this all means that the FIRST STEP Act is going to be passed by the Senate in the next few days, though there is still uncertainty as to whether it will be with or without the Cotton-Kennedy Amendments. My understanding is that the House will vote on whatever the Senate passes in short order, so some version of the FIRST STEP Act could be on the desk of Prez Trump even before the end of this week.  Wowsa!

December 17, 2018 at 08:57 PM | Permalink


I would if stood my ground with Sen Cotton and his crew.

Why water down the bill, when you know hes gonna do everything he can to make it fail.

At least make it worth a fight. Cotton us what he us, and the rest if them have a paper @sshole... Thats right...

Posted by: MidWest Guy | Dec 18, 2018 9:26:38 AM

All three Cotton amendments failed and the bill has been passed. It wasn't close.

Posted by: beth | Dec 18, 2018 9:09:53 PM

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