The Senate filibuster moved closer to its ultimate demise today, as Sen. Dick Durbin, the #2 Democrat in the chamber, ripped into the arcane and racist procedural hurdle that has effectively given Republicans control of most policy. Durbin, who is certainly no liberal, did not mince words in his floor speech:
“The filibuster is still making a mockery of American democracy,” he said. “The filibuster is still being misused by some senators to block legislation urgently needed and supported by a strong majority of the American people.”
In calling the filibuster a “death grip of democracy,” Durbin endorsed major rule changes. He also said that, at the very least, the Senate should revert back to the “talking” filibuster that requires members to remain on the floor to object to a bill.
“If a senator insists on blocking the will of the Senate, he should at least pay the minimal price of being present. No more phoning it in,” Durbin added. “If the Senate retains the filibuster, we must change the rules so that any senator who wants to bring the government to a standstill endures at least some discomfort in the process.”
That Durbin said these things is no minor side note. As the Democratic Senate Whip, it’s his job to know where the caucus stands at all times and work to move them toward the consensus of the majority of the party on issues of paramount importance. He has never been particularly publicly aggressive, and certainly not on issues that have the party split. For him to come out this strongly about the filibuster is an indication that the Democratic Senate is indeed getting closer to taking action.
His endorsement of a “talking” filibuster echoes that of Sen. Joe Manchin, who let in some daylight on his position on the matter a few weekends ago after he held up the party for an entire day on the American Rescue Plan. He indicated that he would be potentially in favor of moving toward the talking filibuster, opening the door for the rollout of more Democrats publicly indicating that they want to enact much-needed reform.
Also significant: An interview that President Biden’s Chief of Staff Ron Klain gave to Mehdi Hasan on Sunday night in which he indicated that the White House would look to the Senate to makes its own decision on the filibuster.
Biden has been a staunch defender of the filibuster in the past, so his giving daylight on this issue is a big deal, as well.
All of this adds up to a whole lot of movement and progress in a short amount of time. Previously, Durbin suggested that Democrats would bring to the floor several major pieces of legislation that had passed already passed the House to make an example out of Republican obstruction. Those bills include the For The People Act and the PRO Act, which are fundamental to saving democracy and helping workers in a time of unprecedented income inequality. The green infrastructure bill may be passable through reconciliation, but that also limits what’s possible within it.
The best indication that the filibuster is getting closer to being at least reformed, if not killed? Mitch McConnell is freaking out:
Among other things, the Senate has to provide the big picture regulations, financing, and support that state governments can use to create change in people’s everyday lives. Right now, even with the filibuster, Democratic lawmakers in state legislatures across the country are making significant progress on issues like health care, voting rights, and criminal justice reform, keeping promises and making people’s lives better.
“State legislators combined consider over 100,000 bills a year,” Neha Patel, a co-executive director of the State Innovation Exchange, told me over the weekend. “In 2018, there was aggregate data that we had done that showed that legislators control about $2.4 trillion in annual state expenditures, which impacts every aspect of daily life. And while we tend to focus on the federal, there’s so much happening on the state level, so much is moving.”
For example, last week, Democratic legislators introduced a bill that would create a state prescription drug price advisory board, which would have the power set price limits and recommend future policy to lawmakers. The bill is supported by Gov. Jared Polis, who will be running for re-election in 2022.
Having already passed a law authorizing reimportation of some prescription drugs from Canada after assuming complete control of the state government in 2019, Democrats are also now working to pass authorization to reimport drugs from select other countries, as well. The fear is that Canada could set restrictions on exports in order to ensure its own steady supply, so adding in other countries gives the state more options.
The Senate, meanwhile, can do far more to rein in drug prices and end pharma monopolies, not to mention provide subsidies and condition research money on public access. But the progress in many places will be halted if the national party doesn’t stand up to the rampant voter suppression laws being passed in states like Georgia (another just passed today), Iowa, and Arizona.
Simply put, if Democrats don’t kill the filibuster, it’ll kill their chances to be a national political party. Gerrymandering and voter suppression will kill them in swing states and come 2030, Republicans will control those states with such an iron fist, they’ll go ahead and eliminate any nascent Democratic movement with more redistricting and voter suppression.
P.S. I have a political newsletter called Progressives Everywhere, which focuses on progressive policy and elections up and down the ballot. I take deep dives on items like progressive ballot initiatives, saving the Supreme Court, the gig economy, health care, and the economics of student debt. I interview lots of Democratic lawmakers, too (including some big headline-makers). This past Sunday, I wrote a big story on state Democratic legislators’ big successes thus far in 2021. I also offer ways for people to get involved in creating progressive change by spotlighting important grassroots groups and voter registration organizations.
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