The Filibuster Must Go
I understand the gravity of eliminating the filibuster for when the Dems lose the Senate again, but if they don’t, they’ll lose the House and Senate in 2022, and risk never winning again in our lifetimes. Having lost the WH, the House and the Senate during the last 4 years, Republicans have launched a full frontal assault on voting in 43 states, filing over 250 bills with the goal of making it harder to vote. These bills include new laws that reduce voting hours, shorten early voting days, purge mail voter lists, limit polling locations, reduce drop box locations, require printed voter ID in mail in ballots, severely restrict eligibility for absentee voting, and in Arizona, allow the Legislature to overturn election results by simple majority. If successful, Republicans will have such a locked in advantage that it will be impossible for voters to control their own destiny in the states, and therefore the US Congress.
These Republicans are lying, of course, that their intent is to “restore faith” in the election system after they joined Trump in claiming non-existent voting fraud, CAUSING that loss of faith. One politician even said it out loud this week; he’s Arizona Rep John Kavanaugh, who chairs the Government and Elections Committee in the Arizona House. Talking about the 24 bills filed to suppress voter turnout, Kavanaugh said,
“There’s a fundamental difference between Democrats and Republicans. Democrats value as many people as possible voting, and they’re willing to risk fraud. Republicans are more concerned about fraud, so we don’t mind putting security measures in that won’t let everybody vote — but everybody shouldn’t be voting.”“Not everybody wants to vote, and if somebody is uninterested in voting, that probably means that they’re totally uninformed on the issues. Quantity is important, but we have to look at the quality of votes, as well.”
The translation of Kavanaugh’s statement from GOPish to English is, “We only want people who agree with us to vote.” It’s that simple, and it is a desperate last ditch attempt to keep power even if it means trampling all over the rights of millions and millions of Americans. There should be no doubt in all Americans’ minds the seriousness of this issue. Having a cemented in a gerrymandered advantage, these laws could achieve what Tom DeLay and Turd Blossom sought twenty years ago, a permanent majority for the GOP. These laws, if passed and not stopped in the courts, would mark the end of democracy in the US. With the Roberts Court’s record of laying waste to the Voting Rights Act and other anti-democratic opinions, I have zero confidence that, with a 6-3 majority, the court will suddenly regain its sanity and overturn these new laws.
The Congress must pass a new Voting Rights Act 2.0 that reinstates federal oversight to changes in voting laws by Jim Crow states that went nuts after the tragic 2013 Shelby ruling and went right back to doing precisely what Roberts said they wouldn’t do, suppressing minority voting rights. They also need to make non-partisan redistricting a federal law and to standardize voting systems to protect the rights of all voters. The Congress can only do this by eliminating the filibuster and passing these laws as quickly as possible before the 2022 elections. Not doing so could have disastrous consequences for American voters, and fulfilling DeLay’s and Turd Blossom’s dream of a permanent majority.
I laughed so much at what John Kavanaugh said I almost got hiccups!
1And then work on corporate donations to pols.
2With the proposals in so many states, voting rights oversight ought not to limit itself to Jim Crow states.
Every state ought to have to justify its approaches to the whole cycle of voting: setting district boundaries, registration, selecting candidates, campaign laws, voting procedures, counting and audits, certification, and purging voter lists. If the procedure diminishes opportunity to have representation, the state ought to need to show a justification for it. Even if it isn’t unconstitutional or illegal, the public has a right to know WHO made the choices and WHY decisions were made.
3I had a different reaction than Maggie’s to cryin kavanaugh’s comments- outrage. “Democrats value as many people as possible voting” is certainly true, but to say the risk of a fraudulent vote outweighs people’s right to vote is outrageous, especially considering all the proof that any significant fraudulent votes were cast is a myth. The only votes I heard about that were fraudulent came from repugnanticans. Unfortunately, kavanaugh speaks for the majority of the supremes.
4I agree the filibuster should go along with the electoral college, and the voting rights act signed into law (which won’t happen).
Democrats have to be very proactive starting now in those states to counter voter suppression with actions to work around them.
Not in my lifetime, but the day will come when voter demographics will overwhelm the repugnantican party (if democracy survives).
I can’t help but wonder if the move on the filibuster could somehow be challenged in court, ending up in front of the supremes. I imagine that would be unprecedented, but we’re deep into unprecedented times IMHO. I think it’s time to look at REstacking the Court.
5Adding Justices has precedent, and increasing the overall number reduces the importance of any single Judge. Considering the norm-busting McConnell did to get it where it is now, it seems like letting it stand as is is acknowledging it’s legitimacy.
P.P- I agree with adding supremes from 9-11, and from what I can find, it only requires a simple majority in both houses. The next 21 months may be the last chance to do that (of course it would require a couple of rogue democrats in the senate to get off their high horses).
6Rubio proposed a constitutional amendment to fix the supremes at 9, but that would take a 2/3 majority to approve, which makes it DOA.
I agree with you El Jefe. But the real power behind the “D” in the Senate would not like that outcome. Folks like Manchin and Sinema (and her backer Schumer) would have to deliver on what the people want or face a primary. And wall $treet might finally face real progressive taxation and and end to “private profits, socialized risks”
So it won’t happen. Neither will statehood to end our Colonial past (PR, USVI, Guam, DC). Nor single-payer. Or any other progressive agenda item.
7How magats can tell if people of color are not interested in voting? Just like a person seeking an abortion, magats toss out every obstacle they can think of to prevent the desired objective being reached and then claim the affected parties really weren’t that interested in achieving their goals.
8Filibuster reform is essential or democracy will be lost as you predict. It needs to be the top priority of the Democratic agenda. NYT Editorial Board addressed this on March 11. https://tinyurl.com/ycskwn4t. [more on filibuster reform from VOX: https://tinyurl.com/y3wdujg3]
I think some sort of talking filibuster with an end point by majority vote is the answer. I think it will satisfy Joe Manchin (D-WV); not sure about Kyrsten Sinema (D-AZ). Both of these Democrats must be on board.
Time is short. Joe & Democrats only have a short time to show America that there is a better way. Just as they did with the COVID Rescue plan which was opposed by every elected Republican in Congress, despite majority support by Republicans and overwhelming public support nationwide.
As dangerous as it could be in the hands of Republicans, I agree it is the only hope for democracy at this very narrow moment in time (until 2022).
9I realize the time to fix this is limited, but I accept that some senators need to evolve on this (like Obama did with same sex marriage). So to help evolution:
1. Pass a big relief bill that helps ordinary Americans with no Rs supporting it. (Complete)
2. Send voting rights bills to the Senate. Republicans will filibuster.
3. Send a big infrastructure bill and a clean minimum wage hike to the Senate. Republicans will filibuster one or both.
4. Change filibuster rules to talking filibuster and 3/5 of those present (not 60 votes) for cloture.
5. See how long Republicans can talk.
I believe the problem with the talking filibuster was that it keeps the Senate from doing anything else. Now that Covid Relief has passed, there are a few more Biden appointments that need to happen. Then I don’t think the Senate needs to do anything else until they pass HR 1 and the John Lewis voting rights act. Keep the Senate in session 24-7 with Republicans talking until voting rights are protected.
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