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Democrats Are About to Rediscover the Value of the Filibuster
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Democrats Are About to Rediscover the Value of the Filibuster

Three years ago, Rep. Pramila Jayapal (D–Wash.) and nearly 100 of her colleagues in the House signed a letter He’s calling on top Senate Democrats to take radical action.

“This is an existential moment for our country,” Jayapal and other House Democrats said wrote. “We cannot allow a procedural tool that can be removed to stand in the way of justice, prosperity and equality.”

Is this procedural tool? The filibuster requires the Senate to have 60 electors to pass most legislation, except for judicial nominations and some budget bills. As House Democrats argued in 2021, the filibuster rule prevented Congress from “advancing critical legislation that could meet the needs of the people we represent.”

It’s a good thing Senate Democrats didn’t listen.

After last week’s elections, Republicans appear poised to take full control of the federal government starting in January. (Control of the House remains uncertain, but a slim GOP majority seems likely, even though 16 races had not been canceled as of Tuesday morning.)

Asked on Tuesday whether she still supported ending banditry in this new political dynamic, Jayapal gave the obvious answer in a somewhat unexpected way.

“Am I advocating getting rid of the filibuster now that the GOP has a trifecta? No,” Jayapal in questionaccordingly HuffPost reporter Jennifer Bendery. “But if we had a trilogy, I would be too.”

I guess give him some points for his honesty.

But this kind of cynical opportunism may be why the bandits’ days are numbered. There is a worrying tendency on both sides of the aisle to view anything that limits the power of a congressional majority (or a chief executive) as a problem to be solved rather than as a problem to be solved. a necessary limitation on the raw power of democracy. Sens. Others, like Joe Manchin (D–W.Va.) and Kyrsten Sinema (D–Ariz.), take a more measured view of things. major roles in protecting banditry They are headed for the door in the early days of the Biden administration.

The uncertainty about who will take over makes it more important than ever to keep in mind: There is no world in which eliminating filibuster makes it easier to pass good laws without making it easier to pass bad laws—and it doesn’t matter how you personally define what counts as “good” or “bad.” , this is true.

Besides, when the bandit is gone, he’ll be gone too. There’s no such thing as a one-time elimination of bandits just to do something special. Vice President Kamala Harris in the final stages of the campaign recommended He said the Senate must get rid of the filibuster in order to pass protections for abortion rights. Other Democrats too Called for an end to injustice Restructuring the Supreme Court. This is unrealistic. Either there is a filibuster rule or there isn’t, because (like all Senate rules) it’s only as strong as members’ willingness to support it.

Democrats don’t need to look too far into the past to see how getting rid of the legislative filibuster would work. In 2013, then-Senate Majority Leader Harry Reid (D-Nev.) abolished banditry for lower court judicial nominees, ostensibly to allow Democrats to further confirm then-President Barack Obama’s picks for the federal bench.

How did this work? President Donald Trump and a Republican-controlled Senate installed Nearly the same number of federal judges in four years As Trump’s predecessor did in eight – causes endless howls from liberals to how conservatives are reshaping the courts.

I wish someone had warned them about this no one can win when you remove banditry.

As this example from a decade ago makes clear, eliminating the filibuster is a particularly foolish thing for Democrats to do. Fair or not, this cannot be denied The makeup of the Senate is tilted in favor of Republicans. Why would a party already fighting hard for the majority want to eliminate one of the most important institutional protections for the minority party in the Senate?

This only makes sense if you cannot understand that there will be another election in two years and that no political majority is permanent. Or if you’re completely shameless like Jayapal.