Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Progressives should oppose filibuster reform

Opinion

Mitch McConnell

Ending the filibuster would likely allow Sen. Mitch McConnell to undo any accomplishments of the progressive movement, writes Garson.

Tasos Katopodis/Getty Images

Garson is legal counsel and chief of staff for the Bridge Alliance, which houses The Fulcrum.

I’m a proud American progressive, which is why it alarms me to see leaders of the progressive movement relentlessly pushing to reform or abolish the Senate’s legislative filibuster.

For those who don’t know, in order to pass a bill in the Senate, you must first end debate on the measure. If somebody objects to ending debate, it’s called a filibuster, and 60 senators must vote to end debate in order for the bill to proceed. Filibuster reform would change this rule and make it possible to pass legislation with less than 60 votes.

I oppose filibuster reform because I believe it would severely backfire for American progressivism, as it already has with the Supreme Court.


Unfortunately, progressives who share my concerns are told to sit down, or are treated as traitors to the movement. That’s because the movement has become hostile to well-intentioned disagreement – a mindset that has existed for a while and was amplified with the election of Donald Trump.

Trump becoming president threw many people – myself included – into a existential political crisis, which reached a crescendo four years later when he refused to accept the results of the 2020 election. Since then, progressives have been on high alert.

That alertness has created a flight-or-fight, us-vs.-them mentality, and as my father Jeff Garson once put it, “Fight or flight is specifically designed to neutralize or ‘annihilate’ the will of the other.” This makes it hard to stray from your political “tribe.” If you do, there’s a good chance you will be rejected by your traditional allies. The end result is a progressive echo chamber that has outlived the Trump presidency.

That echo chamber has identified the legislative filibuster as an obstacle to necessary reform. The solution, progressive leaders insist, is to either eliminate the filibuster or, at the very least, reform it. Specifically, change the rules so that bills involving fundamental rights (like voting, health care, etc.) aren’t subject to the filibuster.

On its face, the hostility toward the filibuster and the push to change it make sense. The filibuster has become a defining feature of the Senate’s frustratingly cumbersome legislative process, as it gives a minority of Senators the power to stop a vote on a bill. Moreover, unlike in the famous film “ Mr. Smith Goes to Washington ” (or the real life example of Wendy Davis in Texas), these senators don't need to do anything but vote against ending debate. There are no prolonged speeches or showings of commitment via endurance.

But, as with many “solutions” that come from echo chambers, I believe the sort of filibuster reform being advocated today would be dangerously short-sighted. While carving out exceptions to the filibuster might allow Democrats to pass certain reforms this year, I believe it would open the door for an aggressively conservative agenda – one that would make Ronald Reagan blush – when the tables turn and Republicans control the Senate.

That fear is not a fantasy – indeed, we already saw it happen with the Supreme Court.

Back in 2013, Senate Democrats carved out exceptions to the nominations filibuster for all but Supreme Court nominees (President Barack Obama had already had his two nominees confirmed to the top court). This cleared the path for a number of Obama’s nominees, both in the courts and in his own administration. The very next year, that path was blocked again after Republicans took back control of the Senate.

Two and a half years later, Trump nominated Neil Gorsuch to the Supreme Court. Democrats tried to filibuster his nomination as retaliation for Sen. Mitch McConnell, the chamber’s top Republican, denying Merrick Garland a vote. Republicans responded by eliminating the last scrap of the nominations filibuster, thereby allowing Gorsuch, and the far more controversial Brett Kavanaugh and Amy Coney Barrett, to be confirmed by the barest of majorities. Yes, Garland should have been confirmed to fill the late Antonin Scalia’s seat, but the end result of the 2013 “carve out” is a conservative supermajority for the foreseeable future, and the demise of Roe v. Wade and perhaps other formerly protected rights.

I believe that carving out exceptions to the legislative filibuster would lead to a similar result. While the existence of the filibuster makes passing new laws very difficult, the flipside is that it also makes undoing laws and programs (like the Affordable Care Act) very difficult. And, as mentioned, it serves as a barrier against a conservative agenda.

These arguments and comparisons are nothing new (Pete Weichlein of the Former Members of Congress Association previously discussed some of them), but pro-filibuster perspectives are almost absent in the progressive bubble. A short time ago, I searched The Factual for the word “filibuster” and found that left-leaning opinions ranged from relative neutrality to hardened vitriol. I didn’t find any defenses of the filibuster.

Sure, without the filibuster Democrats might be able to pass climate change and voting rights legislation this year, but Republicans are well-positioned to take back the Senate and House in November. Additionally, it’s unclear who will be favored in the presidential election in 2024. If Republicans win back the White House, Democrats will have cleared the way for Republicans to both undo the immediate, post-filibuster laws and implement at the federal level all of the state-level policies that have the progressive movement concerned (think voting restrictions, reduced Medicaid spending, more anti-abortion laws, etc.).

Is this guaranteed to happen? No. But we know from history that there is a substantial risk, and the progressive movement doesn’t seem to be acknowledging that risk. That’s what happens when dissent is shut down before it has a chance to make its case.

And that’s all I’m asking for – robust debate. Before we fundamentally alter lawmaking in America, let’s have a discussion about what’s at stake and the costs and benefits of different courses of action. We need space for well-intentioned progressives to feel comfortable voicing concerns and disagreements with the rest of the movement.

Right now, I don’t think that’s possible and I’m afraid that the rewards will be reaped by the very people who view progressivism as the enemy.


Read More

Private Prisons and ICE Exploit Loopholes, Harm Communities

Delaney Hall Detention Facility, Newark, New Jersey.

(Photo by Andrew Lichtenstein/Corbis via Getty Images)

Private Prisons and ICE Exploit Loopholes, Harm Communities

While Immigration and Customs Enforcement (ICE) terrorizes Black and brown communities with racial profiling, kidnappings, inhumane treatment, fatal abuse, and killings, private prison investors are asking how ICE can detain more people to increase their profits. Private prison corporations have long profited from immigration enforcement, but they are expecting a financial windfall under the current administration. These corporations are politically and financially situated to rapidly increase detention capacity and cash in on the president’s goal of deporting one million people per year. Stopping these corporations from lining politicians’ campaign coffers is a necessary first step in ensuring that our government is accountable to the people it serves, rather than the corporations it contracts with.

ICE and private prison corporations have long had a symbiotic relationship. Ninety percent of ICE's detainees were already being held in facilities owned or operated by private prison corporations before President Trump began his second term. CoreCivic and GEO Group, two of the largest private prison corporations that lead the multi-billion dollar industry, have been contracting with immigration enforcement for decades. By 2023, ICE contracts accounted for 43 percent of CoreCivic’s revenue and 30 percent of GEO Group’s revenue. The majority of each corporation’s lobbyists have held government positions, and GEO Group’s board of directors “has extensive links with ICE.” The relationship between private prisons and ICE is the embodiment of the “'revolving door’ between the federal government and the private sector.”

Keep ReadingShow less
Federal Register Reports being printed out of a large machine.

Congress should strengthen the administrative state by writing clearer laws, limiting delegated authority, and requiring periodic reauthorization of agency powers.

Photo courtesy of Luka Jacobi-Krohn

Putting the Guardrails Back on Delegations of Power

Congress needs to write better laws instead of dismantling the administrative state.

Debates over the administrative state focus on whether these agencies have accrued too much power. Some argue that the solution is to severely weaken or, in extreme scenarios, dismantle these federal agencies. However, the issue is not the existence of these agencies but actually how Congress writes its laws. When statutes are drafted with vague language, agencies are left to interpret the scope, and courts are forced to set the boundaries. This results in constant litigation and generally regulatory instability. If Congress actually wants a more durable and accountable regulatory system, they need to start with themselves by writing clearer laws.

Keep ReadingShow less
Businesspeople walking in line across world map, painted on asphalt

America's immigration debate reflects a deeper question: Does America still believe in itself? A historical look at immigration, assimilation, and American identity.

Klaus Vedfelt / Getty Images

What Immigration Debates Reveal About National Confidence

America has spent 250 years arguing about immigrants.

But beneath the arguments about visas, walls, asylum claims, deportations, and border security lies a more uncomfortable question:

Keep ReadingShow less
The U.S. flag, waving, with the ends of it frayed.

The U.S. is falling short of what its national wealth makes possible for its people.

Americans Are Not As Well Off As People in Peer Nations – Us Safety Net’s Shortfalls Show Up in Global Data

As the United States celebrates the 250th anniversary of its Declaration of Independence, the global data we collect and analyze shows that the country is failing to “promote the general Welfare,” as the Constitution’s framers promised a little more than a decade later.

We are scholars of human rights. Alongside the Human Rights Measurement Initiative, a nonprofit that tracks how well more than 200 countries and territories are meeting the human rights commitments their governments have made, we annually update scores measuring whether people can actually get the basics of a decent life, such as healthcare, adequate food and a quality education.

Keep ReadingShow less