Good-Bye Mitch McConnell: Democrats Win Control of Senate. Now They Need to Get Rid of Filibuster to Get Anything Done.
by John Lawrence, January 6, 2021
Nothing turned off GOP voters more than seeing their hero call for a $2000. payment to individuals while Mitch McConnell stood there on the Senate floor and said repeatedly, "Object. Object." Jon Offoss told his supporters that, if he were to be elected and Democrats controlled Congress, Biden had promised to implement the $2000 payments. That would be incentive enough for many Republican voters, especially the non-rich, to vote for a Democrat. Thank God, Democrats will control the Senate and the Roadblocker-in-Chief, will not get the chance to block all progressive Democratic legislation coming forward from the House in the next 4 years. Now there is one more potential roadblock that the Senate has the ability to do away with: the filibuster rule. Meanwhile, on the day Joe Biden is certified by the Congress, Trump, while completely neglecting the fact that yesterday the most people ever died from COVID, is holding another shit show and super spreader event in Washington so his supporters can get off on their collective anger that their hero wasn't reelected in a free and fair election. By the way I noticed in the excellent CNN film about Jimmy Carter (Rock and Roll President) that the Ku Klux Klan in white robes protested openly at one of his campaign events and one of them was carrying a sign, "America First." So that's where Trump got the idea for that slogan.
Even when Democrats gain control of the Senate, opposition party senators can filibuster the majority’s agenda. That means that any one Republican senator can filibuster any progressive piece of legislation that Joe Biden and House Democrats put forward including the Green New Deal, or more appropriately - the Biden New Deal, a public option for Obamacare which would allow anyone to choose Medicare, the elimination of part or all of student loan debt, $2000 COVID relief payments to most Americans and more, much more. The filibuster is not part of the Constitution; it is simply a rule of the Senate which can be changed by a majority vote. Eliminating the filibuster has been characterized as the so-called "nuclear option." Wikipedia notes:
"According to the Supreme Court's ruling in United States v. Ballin (1892), Senate rules can be changed by a simple majority vote. Nevertheless, under current Senate rules, a rule change could itself be filibustered, requiring two-thirds of senators who are present and voting to end debate. (This differs from the usual requirement for three-fifths of sworn senators.)
"Despite the two-thirds requirement described above being written into the Senate rules, any Senator may attempt to nullify a Senate rule, starting by making a point of order that the rule is unconstitutional or just that the meaning of the rule should not be followed. The presiding officer is generally expected to rule in favor of the rules of the Senate, but under rule XX, "every appeal therefrom shall be decided at once, and without debate" and therefore by a simple majority as there is no need for a vote on cloture.
"This happened in 2013, when Harry Reid of the Democratic Party raised a point of order that "the vote on cloture under rule XXII for all nominations other than for the Supreme Court of the United States is by majority vote". The presiding officer overruled the point of order, and Reid appealed the ruling. Mitch McConnell of the Republican Party raised a parliamentary inquiry on how many votes were required to appeal the chair's ruling in that instance. The presiding officer replied, "A majority of those Senators voting, a quorum being present, is required." Reid's appeal was sustained by a 52–48 vote, and the presiding officer then ruled that the Senate had established a precedent that cloture on nominations other than those for the Supreme Court requires only a simple majority. On April 6, 2017, that precedent was further changed by McConnell and the Republican majority, in a 52–48 vote, to include Supreme Court nominations."
Long story short. Democrats can eliminate the filibuster if they really want to. And they really need to do that because the Republican game plan will be to block all progressive legislation by means of the filibuster. Even without Mitch McConnell as chief roadblocker, Republicans will stymie Joe Biden and block all his initiatives. The result is that Biden's initiatives will go nowhere. It would be a total waste of Democratic power now that they have it. Republicans have shown no hesitancy to use their power to the full extent without any pretense of cooperating or compromising with Democrats. Now that Democrats have the power, they should use it starting with getting rid of the filibuster rule. Nobody knows more - from personal experience actually - than President Obama about how the filibuster rule can impede social progress. Republicans used it to effectively neuter Obama during his 8 year Presidency. Washington Post reported:
"Former President Barack Obama called on Thursday for eliminating the filibuster, joining a growing chorus of Democrats who portray the Senate’s signature procedural weapon as an obstacle to social progress that must be abolished if the party captures the Senate and White House.
"The appeal by Mr. Obama to do away with a tactic that Senate Republicans used to thwart him and the Democratic agenda for much of his eight years in office came during his eulogy in Atlanta for Representative John Lewis, the civil rights icon. The former president seized the moment to cast the filibuster as a vestige of a grim period in the United States when Southern lawmakers used it to impede voting rights and other advances for African-Americans."
“Once we pass the John Lewis Voting Rights Act, we should keep marching,” Mr. Obama said, referring to legislation Democrats are pushing on Capitol Hill in the face of opposition from Republicans. “And if all this takes eliminating the filibuster — another Jim Crow relic — in order to secure the God-given rights of every American, then that’s what we should do.”
So the writing is on the wall. Do we want this democracy to represent the interests of the majority of its people or only the upper 10%? Do we want to save the planet from global warming? If so the Republican call for "moderation" or "compromise" or "not being too radical" will not work. There is a limited time frame for us to act or the planet will soon - in our lifetimes and the lifetimes of our children - become uninhabitable for most people. We have failed to act on this in a timely manner. Now we must play catch up, and there is no time to waste. We have about 10 years to get global warming under control. Don't listen to people that say the Green New Deal is too radical. It's too radical only if we want to let the planet become virtually uninhabitable.
