Sen. Joe Manchin (D-WV) has made it clear that he will not support the elimination of the filibuster. His stated reason is that the Senate is “the most deliberative body in the world” and that maintaining the filibuster promotes bipartisanship. But the facts show that just the opposite is the case.
The first thing to note is that, even the threat of a filibuster keeps bills from reaching the Senate floor. Adam Jentleson, author of “Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy” explained how that happens.
Senate leadership sends a bill around and asks whether anyone has plans to filibuster. “Literally any staff member can reply to that email” to say their bosses object, Jentleson said. “And it’s that single email that today raises the threshold of whatever bill is at stake from a simple majority to a supermajority.”
When Manchin refers to the Senate as “the most deliberative body in the world,” he’s referring to a bygone era. Bills that never come to the floor aren’t deliberated. They just die.
As Alex Tausanovitch and Sam Berger note, the filibuster has two purposes: it allows the Senate minority to (1) prevent their opponents from passing bills that they do not like or, (2) force the majority to negotiate changes. Manchin is right that, in the past, it was used to force negotiations. But more recent history demonstrates that it has primarily been used to prevent the opposition from passing bills. To demonstrate, here is how use of the filibuster has grown:
A couple of years ago, a Republican committee staff director told me candidly (and proudly) what the method was to all this obstruction and disruption. Should Republicans succeed in obstructing the Senate from doing its job, it would further lower Congress’s generic favorability rating among the American people. By sabotaging the reputation of an institution of government, the party that is programmatically against government would come out the relative winner.
Lest anyone think that strategy is a thing of the past, Minority Leader McConnell promised that if a Democrat was elected president in 2020, he would return to using the filibuster to obstruct the governing process.
By refusing to consider the elimination of the filibuster, Manchin is giving McConnell the tool he needs to do the same thing to Biden that he did to Obama: use the filibuster to sabotage the reputation of “the most deliberative body in the world” and ensure that the only thing bipartisan is the opposition.
It’s true that the filibuster stymies the chance at bipartisanship. The best evidence for this is to look at the confirmation hearings for Biden’s cabinet – often they’re getting 70+ votes, sometimes even over 90 votes. They know that they can’t block them, so vote for them and then claim that you didn’t obstruct everything Biden did in case he remains very popular. Also, if you know the legislation will pass without your side’s support, then you will want to put in provisions that help your state or your own priorities and call it a win
On the other hand, I don’t buy the talk that Sinema and Manchin are roadblocks, just yet. I’m much more interested in what people do rather than what they say, and I don’t recall when Sinema or Manchin were deciding votes in the past. They make the veneer of being bipartisan and being concerned, but ultimately vote D. IOW our side’s Susan Collins. Eliminating the filibuster right now is not really a major priority. When HR-1 or some similar voting rights act that has 80% popular support gets filibustered, that’s the time when we will see whether the Manchin’s and the Sinema’s of the world really care about the filibuster.
If one listens closely to Manchin, he seems to be saying he’d be open to weakening the filibuster under certain circumstances. Hopefully this either forces McConnell not to obstruct very much or Manchin finds it within himself to carve out exceptions to the filibuster. Without question, Democrats need to do a much better job of making the points you’ve made in your article. I want to read about it not just in the Frog Pond but in USA Today and hear it on CNN.
Craft every bill with a $10B giveaway to WV. Every bill.
$10B is fucking pennies.
Make it hurt Manchin every time his Republican heroes decide to filibuster any legislation that doesn’t specifically benefit the Republican Party and billionaires.