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The Democratic Strategist

Political Strategy for a Permanent Democratic Majority

Marshall: Why Dems Must Kill the Filibuster – If They Get the Chance

In “Who Supports Ending the Filibuster?” at  the Editor’s Blog of Talking Points Memo, Josh Marshall writes:

Two big non-policy/legislative questions and decisions will determine the politics of the coming years. One is whether there is an audit of the executive branch after Trump leaves office, if he loses the election on November 3rd. But just as important in its own way is whether the Senate filibuster is abolished. You can basically guarantee that no progressive legislation will ever get passed as long as the filibuster exists. The filibuster is undemocratic to start with. But the Republican party’s extreme use of it along with their locked in small state advantage mean that the GOP has what amounts to a permanent veto on all legislation and a guaranteed veto of any progressive legislation.

Marshall shares his concerns about Senate Minority Leader Chuck Schumer’s position on killing the legislative filibuster, should he become Senate Majority Leader:

The current thinking from Chuck Schumer seems to be that, assuming the Democrats win the Senate, he’ll keep abolition in his back pocket if Republicans obstruct legislation. This is a bad, bad idea. We’ve seen this movie before. In 2009, a group of Republican Senators – who clearly had no intention of ever supporting any health care insurance reform legislation – got President Obama and Democratic Senators to waste a year and water down legislation by engaging in meandering and ultimately bad faith negotiations.

Just as importantly, this ‘hold it in reserve’ approach will inevitably shape all potential legislation from the outset. The shape of legislation you write to pass with simple majorities is quite different than legislation you craft to try to coax Republican senators into allowing you to pass legislation with 51 votes.

It all comes down to a simple point. The legislative filibuster needs to end on day one of the next Congress. And if Democrats control the chamber it can happen. But will it?

Marshall urges his readers to ask their U.S. Senators to declare their positions on “abolishing the legislative filibuster on day one of the next Congress” and report back to him.

Republican senators have used the filibuster as a sledgehammer to smash hopes for any progressive legislation under McConnell’s scorched earth rule of the senate. Ironically, however, the 60-vote requirement worked against the Republicans this week, as they failed to pass a “skinny” (watered down) Covid-19 relief bill to give some cover the Republican senators, who feared going home to their constituents without without passing at least a token relief bill.

Yet Marshall is right. If Democrats win a Senate Majority, scrapping the filibuster should be the top priority — if they want to leverage their momentum and mandate before it fades and actually pass needed legislative reforms.

One comment on “Marshall: Why Dems Must Kill the Filibuster – If They Get the Chance

  1. Douglas Myers on

    Josh Marshall is clearly right. But some thought needs to be given to the exact extent by which the filibuster should be curtailed. Should the present 60 vote requirement be reduced to 51? Or should legislation by permitted to be enacted by simple plurality voting? Or if a plurality, then at least 40 or 45 votes? The Senate filibuster rule should also be amended to expedite debate and a vote once cloture is voted. Filibuster reform is the highest priority for Day One of the new senate session in January, 2021. Schumer surely must realize that without curtailing the filibuster the Democrats will never pass a legistive program. Damn the proprieties and lip service to tradition. Full speed ahead!
    Doug Myers

    Reply

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