Somehow or other, it’s funny how often politicians tend to look at shit bass-ackwards. For instance, both Joe Manchin and Kyrsten Sinema seem to honestly believe that the filibuster leads to bipartisanship by respecting the rights of the minority party. This is ridiculous. Not only can I prove that the filibuster kills bipartisanship, I can prove that Joe Manchin himself is a poster child for ditching the filibuster.

For starters, the very word bipartisanship is rather silly and deceptive. The word is supposed to mean that both opposing sides tend to be more or less in equal agreement on the bill or motion. But in political reality, it only takes one crossover vote on a bill or motion to make it a bipartisan passage. This is ridiculous.

There is no filibuster in the US House. On a bill as divisive and corrosive as whether or not to forward articles of impeachment against Trump to the Senate, there were 10 GOP souls brave enough to vote yes. That’s a bipartisan bill. Only 14 GOP chuckleheads voted against making Juneteenth a federal holiday, an overwhelming bipartisan support. And a couple of weeks ago, there were 46 GOP votes on a bill that went to the Senate. If the bill is good, it will get bipartisan support.

The filibuster in its current form literally kills bipartisanship. The Democrats could have a 59-41 advantage, but one GOP Senator texting leadership can block a bill as long as the entire GOP caucus remains together. And peer pressure being what it is, there is no reason for any defections. But so much for the negative shit, let’s talk turkey about why eliminating the filibuster actually fosters bipartisanship.

I’ll start with the Manchin connection, since I know you’re waiting for me to pull that rabbit out of my hat. The first thing that Mitch McConnell did when he took over as Senate Majority Leader was to nuke the filibuster for SCOTUS nominees. This turned out to be a critical move early in the Trump presidency.

Trump nominated Brewski Brett Kavanaugh to the Supreme Court. It is almost impossible to imagine a worse nominee being presented to the Senate. But since the GOP held a 51-49 advantage in the Senate, so as long as they remained united, Kavanaugh was in. But the lack of the filibuster allowed Joe Manchin to become the only Democratic crossover vote, making it a bipartisan confirmation, and allowing Manchin the opportunity to wow the people at home with his bipartisanship.

But ask yourself one simple question. If the filibuster were still in place, requiring 60 votes to confirm a nominee. Do you honestly believe that Manchin would cast his vote in favor of Kavanaugh if he knew it was a kamikaze mission, and Kavanaugh would fail by 8 votes? Of course not. He cast that vote because it had a direct benefit to him, but only because the filibuster was not a factor.

But let’s look at it in practical terms for today, right now. How often have the Democrats gone chasing after what they hoped was low hanging fruit like Susan Collins, Lisa Murkowski, or Mitt Romney, hoping for backing to break the filibuster? But where is the benefit for any or all of them to break with leadership and vote for a bill they might personally support, but which has no chance of breaking the filibuster?

Look at it this way. When it comes to the formation of the 1/06 commission, all of those GOP Senators, along with Portman of Ohio, and Toomey of Pennsylvania seemed sympathetic. But why buck the party for a losing vote? If the threshold was 50, then any or all of them could have voted for the bill, and explained it as a vote of conscience. Because it would have worked, and the commission would have been set up.

So there you have it, Joe and Kyrsten. The filibuster has never been about comity and bipartisanship, only obstruction. And you should know that better than anybody Joe, since you cynically used it to vote for a totally unqualified nominee, and then tout your phony bipartisanship to get reelected in 2018. It’s time to make amends, and save democracy.

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12 COMMENTS

  1. You make some good points Mr. Murphy. The jock from Arizona is just stupid. I thought Democrats were supposed to be smart. What happened?

    • The jock? Is that some sort of pejorative meant to demean her physical fitness, or are you talking about someone else? In any case, Sinema may very well be the smart one. It is a common cognitive fallacy that bandwagon riders think they are the smart ones.

  2. And still no one is addressing the question of whether we want to bequeath a filibuster-free Senate for the GOP to take advantage of the next time they are the majority. Set aside the “bipartisan” argument for a moment and please address this question.

    • Ok. If not “nuke” then at least reform. As things stand now nothing worthwhile or necessary gets done at the federal level. And something very desperately needs to be done for voting rights. What G.Q.P.-lead states are doing right now is extraordinarily dangerous for a democracy.

      Quite frankly, I’m on the “nuke” side of the argument. If Congress gets meaningful voting rights legislation out the door, we’re not going to have to worry about the G.Q.P. – when they have to run on their records, platform and/or have to run when people can vote (and do vote) they lose elections. In a proper voting atmosphere the G.Q.P. would largely go away. I would hope people would get a taste of what good governance is like, get to know what a federal government is SUPPOSED to do for its citizens, and actually like it and want more of it.

      • So at bottom you feel that the GQP is so weak that the perpetuation of the Dem majority is assured. This is the sort of unexamined assumption behind calls to get rid of the filibuster without considering the long-term consequences.

        I agree wholeheartedly that voting rights must be protected and that if the GQP states are successful, it will likely be the end of American democracy. However, that does not mean that the bloated and flawed (per NYT and other analysts) For the People Act (as is) is the answer. Nor is getting rid of the filibuster now. Making it a talking filibuster as it used to be is a sensible reform.

  3. The filibuster was created for, and used primarily to block civil rights bills.
    It provides weak, spineless Democrats cover for not getting anything done.
    That will probably cost them both houses in 2022 and the WH in 2024.

    • Your second sentence does not follow from the first. Furthermore, majorities and the WH alternate all the time. Getting rid of the filibuster now falsely assumes the Dem majority will never end.

  4. Given the all out war on voting rights, no need to worry about what happens next time they are the majority. They are passing hundreds of bills to ensure they rule either way. Funny. It’s clear the republicans use & abuse the rules any way they want regardless of their previous stance. What will be gained if we allow them to do what they want when they want? Authoritarian rule. The so called Senate rules won’t mean a damn thing then. Remember that. Nice folks finish last in a death match.

    • No one is suggesting allowing them to do whatever they want. The choices are far more numerous than the For the People Act or Republican authoritarianism. Creation of these false dichotomies do not help find a way to solutions.

  5. Kyrsten Sinema is one of my Senators. If she doesn’t start behaving, I will definitely be voting for her Democratic opponent in 2024,

      • Just because a party member does not toe the party line does not make them traitors. If we take that position, then we are part of the problem when a Republican bucks the party line. Such an attitude not only contributes to the impression among nonpartisans of both parties being essentially the same but also only hardens the partisanship at the root of so much of what’s wrong with governance in America.

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