Tick-Tock For The Filibuster

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See-saw, Marjorie Daw. And Jackie shall have a new master   English nursery rhyme

Let’s just say that I wasn’t overly impressed at the time. Senate Majority Leader Chuck Schumer was on Rachel Maddow’s show last night, normally a very friendly venue for Democratic leadership. I think Schumer walked away asking himself what happened.

It started off smoothly enough. Rachel lobbed him a softball question that allowed him to take his victory lap on the Covid Relief Bill. And then she lobbed him a cupcake about the infrastructure bill, which they both acknowledged could also be done without GOP support through reconciliation. But then the mood changed.

Rachel started to dig at Schumer, and hard, about how he was going to get other critical legislation, such as the We the People Act, The John Lewis Civil Rights Act, and the George Floyd Police reform Act through an obstructionist Senate?

Schumer pivoted nicely, but you could see he was off balance. He spoke in flowery terms about caucus solidarity, possible GOP true compromise on some of these bills, and blah, blah. At one point I turned to Teri and said, I haven’t had a word salad as delicious as this since the last time we were at the Four Seasons.

But Rachel wasn’t letting go of that pork chop  bone. And finally, at least three times in the last 5 minutes, Schumer said, Rachel this has to get done, and it will get done. And if it comes to that, then all options will be on the table. Finally!

I figured to take a wait and see attitude, but apparently somebody much closer to the action, with a lot more inside scoop, got badly rattled. Senator Minority Leader Mitch McConnell took to the well of the Senate today to mourn that nobody in this chamber, nobody in this chamber can even begin to conceive of the scorched earth landscape of a post filibuster Senate. Or some similar pissy claptrap.

There is good reason for McConnell to be scared shitless. After all those years of cheerful bullying, McConnell now finds himself, like his former overlord, that which he despises the most, weak and powerless. And Schumer has gone out of his way to rub McConnell’s nose in it.

When Schumer took over, Moscow Mitch tried a cheap parliamentary trick to keep the Democrats from taking over the committees. Schumer went on Rachel and literally laughed out loud, saying that was the least of his worries. McConnell caved the next day. The “negotiated” Senate trial rules for Trump’s second impeachment were pretty much exactly what the Democrats wanted. And even worse, Schumer did a masterful job of holding the Democratic caucus together to pass the Covid Relief bill, despite McConnell throwing every trick in the book at it.

But here’s the real reason I changed my mind about how seriously Schumer is going to work this, and it’s McConnell’s worst nightmare. Since passing the Covid bill, you suddenly have select Democratic Senators debating the necessity of reforming the filibuster in remarks from the floor of the Senate. And even filibuster junkies like Joe Manchin have publicly admitted that the filibuster cannot survive in its current iteration.

I give the current form of the filibuster a month at the outside. My personal suspicion is something closer to two weeks. Schumer showed real political skill in negotiating tweaks to the Covid bill, keeping his caucus together and satisfying everybody, but leaving a bill strong enough to survive a House vote. reforming a simple Senate Rule, which requires a simple majority vote, and no House input, should be easily obtainable. My personal guess is a talking filibuster, with majority minority attendance necessary for the filibuster to continue.

Because time is money, and time is short. The first midterm elections are normally terrible for a party in unanimous control. Right now, the Democrats are riding on a sugar high from passing the Covid bill, hell, even soft Republicans and independents like $1400 in their poke and $300 a month per kid. And the Democrats are being aided by a GOP so dysfunctional that they can’t even craft a passable negative response to the bill. But memories are short, so Biden and the Democrats are going to have to keep piling up what wins, with popular legislation.

Fix the filibuster, soonest, and pass the We The People Act. That will energize the African American base, showing proper respect by dancing with the one who brung ya. It will also bring a crashing halt to the various GOP state initiatives to suppress voting rights.

And then immediately pivot back to a truly massive infrastructure bill. Like the Covid bill, infrastructure is something that the Democrats can pass through reconciliation if necessary, but it is also something that President Biden can take on the road, gaining GOP support from even red state Governors and Mayors, while the Senate GOP blows smoke. That’s what Biden did with the Covid bill, and it worked like a charm with desperate red state Governors and Mayors.

Imagine the 2022 midterms. Democratic incumbents are hitting the road not only touting the full benefits of the Covid relief law that people are feeling the full effects of, but also the upcoming reality of fixed roads, new and upgraded bridges, new schools, universal broadband internet, making education easier for poor and lower middle class kids, and literally millions, if not tens of millions of money flowing into state and local coffers from the new jobs and spending brought on by the projects. And the GOP’s unified message? Trump Rules!

I’ll close as simply as I can. Right now, The Democrats edge in both the House and Senate is razor thin. But, if the Democrats can leave a two year scorched earth record of accomplishments, there is the potential in 2022 for the Democrats to put the GOP firmly in the rear view mirror for the last two years of Biden’s first term, and set a progressive agenda that will last for generations. What did I say about Larry the Cable Guy? Git-R-Done!

Follow me on Twitter at @RealMurfster35

 

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5 COMMENTS

  1. I hope the reform includes that the filibuster can be ended by 3/5 of those present and voting, not 3/5 of all senators. Make them show up and vote!

    • Well, as best as I can tell, right now there is a rule that can end the filibuster based on “those present and voting” but it requires a 2/3 majority rather than the “3/5 of all sworn” (so, if you have 90 members present and voting, you still need 60 to end the filibuster; to get it down to just 50, you’re going to have to hope 25 senators are absent). And, even if it does get changed to “3/5 of those present and voting,” it still doesn’t really make things much better–for the Democrats to end the filibuster with all 50 Democrats voting to end it and a “3/5 present and voting” means that 17 Senators won’t be in the chamber (83 * 3/5 = 49.8, round up to 50).

      And, since the current rules are in place, the Vice-President’s normal role of casting a “tie-breaker” vote isn’t required but the Constitution EXPLICITLY states “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.” There is NO mathematical way for the VP to cast any vote to end a filibuster as a tie-breaking vote can’t lead to either a 3/5 or 2/3 majority.

  2. I totally agree with your filibuster analysis. I’m shocked at how fast it has moved…I was kinda expecting the infrastructure bill, then some summer work with judges, then as GOP obstruction pile up we change it. But all signs seem to point to Schumer having the votes for whatever they’ve decided to do, and they seem on track to do it fast. Exciting times.

  3. This looks like the main event of The Big Fight: Biden vs McConnell, two old pros going toe-to-toe in open combat for control of the government. Joe has Right on his side, because he’s the duly elected president, but Moscow’s always had Might on his side … before now. Now the proverbial playing field is level, and the result will depend on the skills of the two protagonists. Should be fascinating to watch. Any bets?

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