I have been consistent. I have supported the filibuster even when Democrats abused it. When many of my Republican friends wanted to gut the filibuster with Republicans in charge of everything, I said it was a bad idea.
Many of the Democrats who used the filibuster frequently during the first two years of the Trump Administration and assailed Republicans for even thinking about getting rid of it, now want to get rid of it.
They want to make exceptions.
They can, in fairness, now point to Mitch McConnell helping the Democrats get around a filibuster to raise the debt ceiling. If there can be an exception for that, why not for voting rights? If for voting rights, why not to fight climate change? Each new reason will be called a crisis.
Joe Manchin and Kyrsten Sinema do not seem to be interested in upending the filibuster, but the Democrats have it as a grievance and want to use it to blame the Republicans for blocking their agenda.
I do have a suggestion for the Republicans.
If the Democrats were to carve out an exception for voting rights, their legislation would be held up in court through the election next year. But they would have carved up the exception to the filibuster.
So the GOP could do a few things headed into 2024 if they take the Senate and then, with a Republican President, do even more.
They could pass national photo ID to vote, as just one example. They could repeal the Democrats’ own legislation. They could ban vote drop boxes and vote by mail.
If the Democrats really want to carve out a filibuster for voting rights, the Republicans could take advantage of that exception to upend what the Democrats want to accomplish.
The reality, however, is that the filibuster will probably stay put. There are Democrats who bluster in front of the camera, but they realize privately it would be a bad idea. Likewise, with the GOP set to take the House of Representatives, there is no reason to gut it. With the odds of a GOP take over of the Senate increasing, the Democrats will want to keep the filibuster.
The odds are what we are seeing right now is a way for Democrats to blame shift. They can’t get Build Back Better passed. They can’t get their voting bills passed. They really can’t get anything done.
I have to admit I am surprised Chuck Schumer is as impotent a majority leader as he is. For a man who lusted after the power as long as he did, he’s shooting blanks in leadership.
The Filibuster is one of the very few 'checks' left in a system that is less and less balanced. Let's all hope it stays for everyone's sake (left, right and center).
The great philosopher William Shakespeare: an event where they are “hoisted by their own petard.” Great analysis!