This is a major breaking story. The main reason that the lame duck session was so productive was that the rest of the legislative session was so UNPRODUCTIVE, because the Republicans were able to ran out the clock. Senate Democrats are taking a stand and saying, we cannot work this way anymore.

The pressure was apparently too much to hold back the 9-11 health care first responders bill. A reduced version passed the Senate by unanimous consent.

It is with great joy that I note the Senate passage and today’s signing by President Obama of a bill that should lead to the eventual repeal of “Don’t ask, don’t tell.” The policy was pure discrimination, and has no place in a fair and equal society. But the events of the last few days would not have happened without the past two years of tireless advocacy from the grassroots. It was some of best, unrelenting political activism in recent times, for which many deserve credit.

That said, change shouldn’t be this hard.

The Senate is about to vote on the new START nuclear arms reduction treaty with Russia, and all expectations are that the treaty will pass. This caps off a very productive lame duck session with a major foreign policy victory for the Obama Administration.

Over the past few months, we’ve been following perhaps the worst abuse by the banks in the foreclosure crisis – breaking and entering homes where they are foreclosing, changing the locks, and terrorizing the owners. Borrowers who have seen their homes broken into are fighting back and even suing the banks over this practice. If signing false documents and lacking standing to foreclose is too technical for the courts, perhaps breaking and entering will be what stops the banks’ reign of terror.

Yeah, we’re exceptional, all right.

By now you’ve probably heard about the White House’s proposed executive order for indefinite detention for at least 48 Guantanamo detainees it has determined cannot be put on trial. The order would provide reviews of evidence by judges, but it does appear that the White House would control that process of evidentiary review, rather than any statutory law. And if that’s not a habeas corpus review, I don’t know what that process would really consist of.

On the biggest issues of the session – tax policy and government funding – the Republicans got their way, and set the stage for the 112th Congress that should feature major spending cuts. In the process, Democrats did not even bother to get important government functions funded, including money for the implementation of their top two legislative achievements, health care and financial reform.

After new START gets ratification today, we’re going to apparently get the first test vote on the 9-11 health care bill. With Tom Coburn committed to blocking or at least delaying the bill, there’s no chance of unanimous consent, but the leadership of both parties is working out some kind of agreement to consider it. The House is prepared to pass the measure as well, but they’re waiting to see what the Senate will do.

Notee what this historic moment says about President Obama’s system of governance: that the only thing he responds to is hostage-taking.