Democrats frustrated as filibuster fight blocks Senate power-sharing deal



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“I think we have to end the filibuster, without a doubt. It is an obstacle to conquering the pandemic and reviving the economy, by getting things done,” said Senator Richard Blumenthal, a Democrat from Connecticut.

The tense stalemate on the issue blocks a power-sharing deal between parties in the 50-50 Senate, where Vice President Kamala Harris has a deciding vote. Republican Leader Mitch McConnell, now in the minority, insists that language ensuring the protection of minority rights – demanding 60 votes be needed to overcome bill filibusters – be added to a must-see organizational resolution.

“Mitch McConnell agreed to get rid of the filibuster on a US Supreme Court candidate for a life term, but he didn’t agree to get rid of the filibuster for unemployment relief for families who are out of work due to COVID-19, ”said Democratic Senator Elizabeth Warren of Massachusetts. “I’ve just had enough of Mitch McConnell.

Even though Harris may sever ties in favor of the Democrats, the party cannot take full control of the Senate until they reach agreement with the Republicans on an organizing resolution. They operate on the organizational resolution of the last Congress, when the GOP had a majority. For this reason, for example, President Joe Biden’s Cabinet pick confirmation hearings this week are chaired by Republicans.

Discussions about the timing of the impeachment trial have ended in the larger negotiations over the power-sharing deal. Majority Leader Chuck Schumer and the Democrats haven’t ruled out delaying the trial – as McConnell has proposed – as long as they try to get a deal to lock in votes on Cabinet candidates and finalize an agreement on the power-sharing agreement.

Republicans are trying to capitalize on the urgency to pass an organizing resolution to pressure Democrats to agree not to dump the filibuster for the legislation. But with Democrats adamantly refusing to do so, it’s unclear how long it will take the parties to reach a deal and it could drag on and on.

A unique feature of the Senate

McConnell argues that preserving a majority vote to pass legislation is a unique and important feature of the Senate, which the founders said should be a body where compromise between the parties would be necessary to balance the strict rule. of the House of Representatives, based on majority.

The Kentucky Republican made this point in a 2019 editorial in The New York Times: “Yes, the Senate design makes it difficult for a party to pass far-reaching legislation. Yes, filibuster makes politics less. likely to rock wild with Every election. These are features, not bugs. Our country does not need a Second House of Representatives with fewer members and longer terms. America needs the Senate to be the Senate. “

McConnell also argues that Democrats have used filibuster many times when in the minority to block Republicans and the Trump administration’s legislation.

Schumer, who had said his caucus would have a serious discussion about it if he took control of the Senate, did not say if he wanted to change the obstruction of the legislation. But he doesn’t want to rule out the possibility lest Republicans get in the way of almost anything Democrats put on the floor.

Democratic Senate Whip Dick Durbin of Illinois said his party “was not going to give in” to McConnell’s wishes: “If you did that it would just be rampant use. I mean, nothing would hold him back.

Democratic resistance

Despite dismay over the issue, it doesn’t appear that Democrats have enough support in their caucus to change the rules, as at least two centrists are resisting.

West Virginia Democratic Senator Joe Manchin has repeatedly stated that he will not vote to clear the filibuster – which means he cannot be pushed through the Senate without him – but he has said that ‘he did not disagree with Schumer’s refusal to put language into the organizing resolution protecting him.

“Chuck is right to do this, he’s the leader. I’m in the minority in the caucus on this,” Manchin said. “He has the right to use this to take advantage of whatever he wants to do.”

Senator Angus King, an independent from Maine, said he did not want to consider changing the filibuster unless he determines the Republicans are abusing it.

“At the moment, we don’t know if there will be abuse,” he said. “If they’re going to use it to obstruct absolutely everything, then I’m ready to change my mind.”

Supporters of filibuster have reason to fear that it will be reduced further. Both parties stuck on partisan votes – known as the “nuclear option” – changes to Senate rules to weaken filibusters against candidates. Democrats first did so in 2013 to facilitate confirmation of nominees for the executive and judiciary of then-President Barack Obama. Republicans extended it in 2017 to Supreme Court candidates, knocking out three of President Donald Trump’s high court choices.

On the organizational resolution, Schumer argues that the Senate should pass the same power-sharing agreement that was passed in 2001, the last time the Senate was split 50-50. This agreement was silent on the elimination of filibuster, which was not used as often as it is today.

“Our caucus believes that the easiest and most bipartisan way to achieve an organizational resolution is to enact the 2001 accord that Senators Lott and Daschle reached at the time in a bipartisan fashion. We, our caucus, are firmly opposed to any unnecessary provision. He said, referring to then-Republican leader Trent Lott of Mississippi and then-Democratic leader Tom Daschle of South Dakota.

But McConnell argued that the 60 vote threshold for legislative obstruction is a permanent Senate rule and therefore should be respected in the organizing resolution.

“If the discourse of unity and common ground is to make sense, and certainly if the rules of 20 years ago are to be our guide, then I can’t imagine the Democratic leader preferring to maintain the ‘power-sharing agreement and simply reaffirm that his camp will not violate this permanent Senate rule, ”McConnell said on the floor.

Hawaii Democratic Senator Brian Schatz summed up Democrats’ frustration at the stalemate as follows: “McConnell threatens to obstruct the organizational resolution that allows Democrats to take over the positions of chairman of the committee. This is an absolutely unprecedented, far-fetched and counterproductive request. Senate. We get the hammers. “

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