It's easy to imagine why getting rid of the filibuster is attractive for Democrats, but how should they go about doing this? If the filibuster is entirely removed then Democrats will regret the whole thing if the Republicans ever return to majority. .
Reform probably will look like making the filibuster at least require actual debate. Article 1 Section 5 of the constitution means the Senate can make their own rules by a simple majority vote, a.k.a enough for the Democrats to pass reform without any Republican agreement. Democratic Senator Merkley says that the reform will likely prevent the Republicans from silently filibustering. This would require there at least to be conversation about legislation, potentially constructive and helpful to getting a good compromise passed. Does this mean that the old filibustering shenanigans where one senator reads a comic book on the floor for hours will return again? Hopefully the reform will have some provision against this.
This ties back all the way to the Federalist papers we studied at the beginning of the year and the debate over majorities and super-majorities. When is a more than a majority a good thing? Well, perhaps when doing things like amending the Constitution. However for the legislative process, requiring more than a majority puts a damper on progress (assuming that filibuster=requiring the 60%). James Madison warned against requiring more than majority to pass legislation in Federalist 58. (In this quote, "quorum" can sort of be translated to the number of members needed to enact a decision). Madison argues requiring more than a majority quorum would inhibit free government, instead putting too much power in the hands of the minority.
Remember all his warnings about factions? Well, in the case of the filibuster, it's original intent seemed to be to elevate the minority party to a position where they could have greater leverage in decision making. Not such a bad thing in theory, however, the problem is this power has been used irresponsibly. It has effectively made the Senate require a 60 vote majority to pass anything, and that is exactly the kind of quorum Madison warned about.
Madison writes of a more-than-majority quorum:
", an interested minority might take advantage of it to screen themselves from equitable sacrifices to the general weal"
How well do you think this quote describes the current political scene? Did Madison identify eerily well the pitfalls of party politics? Should the Democrats be wary in how they might affect the minority party of the Senate with their power to enact reforms of Senate rules? As far as I can tell, the filibuster reform seems like a good, moderate step in the right direction that will hopefully improve the functioning of the Senate for years to come.
(Mr.Smith Goes To Washington was 1939 movie about corruption in the Senate that included the filibustering. The film was considered offensive to the institution of the Senate, and it's amusing to imagine it provoked retaliation in the form of legislation that never got passed. It was also apparently simultaneously considered pro-communist in America and banned in the USSR, Germany, and Italy)





