If you haven’t heard already, top Senate Republican Mitch McConnell surprised Washington DC this week when he voted to advance the bipartisan transportation bill. It was just a procedural vote to prevent a filibuster, but it was on one of President Biden’s most high-profile priorities. Back in May, McConnell told home-state Kentucky reporters that 100 percent of his focus was “on stopping this new (Biden) administration,” so few people expected him to act as a facilitator.
Apparently, the Minority Leader kept his intentions a tightly guarded secret, which is actually pretty strange.
Moments before the Senate took a pivotal vote on its bipartisan infrastructure deal, negotiators zeroed in on the most important undecided member: Mitch McConnell.
The Senate minority leader stayed quiet for weeks but finally tipped his hand on Wednesday afternoon on the floor to a bipartisan group of colleagues, according to senators and aides. He told them he would support moving ahead on the bill, provided that the legislation coming to a final vote was their agreement — not something written by Senate Democrats.
It was the first inkling, among even McConnell’s closest allies, that the Kentucky Republican would support one of President Joe Biden’s top priorities: a bipartisan effort to plow $550 billion in new spending to roads, bridges, public transit and broadband. No senator in McConnell’s inner circle knew that he was about to take the plunge until moments before the vote, and some didn’t know until McConnell broke the news on Twitter.
The rumbling on the floor “was the first I heard about it. And then boom, the tweet came out right after that,” said Sen. John Thune (R-S.D.), McConnell’s top deputy as the GOP whip. “The leader just kind of let everybody do their own thing, and they did. And he did his own thing.”
In Congress, there are sometimes subjects that come up that can be called votes of conscience. This was true particularly for the second impeachment of Donald Trump which stemmed from his incitement of a mob that attacked the Capitol on January 6, 2021. McConnell and his whip team didn’t tell Republican senators how they should vote on that one. There are other votes that aren’t considered strategically important enough to whip. In the case of the transportation deal, it was more a matter of internal caucus politics. Almost a third of the Republican caucus was willing to vote for it, in part because a sizable group had been part of the negotiations with the Senate Democrats and the White House. It would have created a lot of tension if McConnell had lobbied against their efforts.
But that didn’t mean he was under any obligation to vote for their efforts. In truth, his behavior was an abdication of leadership.
The average on-the-fence Republican senator received no advance guidance on how they ought to vote. On one side, they had former President Donald Trump lobbying hard for them to oppose the cloture vote. On the other side they had radio silence from their caucus leader. On a politically important topic like Biden’s bipartisan transportation bill, a senator might want to explain their vote in advance. At a minimum, they’d like to have some ready talking points to use after the roll call. McConnell’s secrecy made this difficult if not impossible.
Republican senators had to make a spur of the moment recalculation of the politics of the vote, and that’s not a welcome gift for any politician. For many of them, avoiding the wrath of Trump and his supporters was at the top of their mind.
The former president has threatened lawmakers who support the deal for giving Democrats a “big and beautiful win on Infrastructure.”
“Republican voters will never forget their name, nor will the people of our Country,” Trump said in a recent statement.
Trump and McConnell differ on many things, but never on the priority of not giving the Democrats “big and beautiful” legislative wins. Since the filibuster was going to fail with or without McConnell’s vote, it seemed like the thing to do was to criticize the bill as typical big-spending liberalism. McConnell’s support undercut that message.
It was also a departure from the Hastert Rule, at least in spirit if not in the details. The Hastert Rule comes from the House of Representatives, not the Senate, and it applies to situations where the Republicans control the chamber, which was not the situation in this case. But the idea is that the Republican leadership will not support any legislation unless the majority of the Republican caucus supports it. This avoids scenarios where a (sometimes very small) minority of Republicans join with a majority of Democrats to pass legislation. Banning this type of vote in the House prevented the Democrats from creating divisions within the Republican caucus. McConnell had no power to prevent a vote, but he still voted with a minority of his own caucus on a Democratic bill.
To say this isn’t typical of McConnell is putting it mildly, and he probably should have given his members some advance warning.
For President Biden, it represents an unthinkable victory, as no one would have believed him if he’d predicted he’d win McConnell’s support on anything of consequence. He wants the Senate to operate this way, as it used to with some regularity, but it also comes with the advantage that it does drive some deep wedges into the Republican Party. There are wedges between Trump and McConnell and between the Senate Republicans and the House Republicans. There’s also a big divide within McConnell’s caucus, with him sitting with the minority.
Even if the transportation bill stalls out and never becomes law, this has already been a significant accomplishment for the Biden administration.