Skip to content
Search

Latest Stories

Follow Us:
Top Stories

McConnell opens door for Democrats to unrig the system: End the filibuster

Opinion

Mitch McConnell and Harry Reid

Both Mitch McConnell and Harry Reid have taken hacks at the filibuster rules, but it's time to go even further, writes Golden.

Drew Angerer/Getty Images

Golden is the author of "Unlock Congress" and a senior fellow at the Adlai Stevenson Center on Democracy, which seeks to improve democracy on a global scale. He is also a member of The Fulcrum's advisory board.

It may seem like recent Supreme Court decisions have the conclusive power to halt reform efforts to unrig congressional districts and suck the billions of dollars out of our politics. But this is really not the case. A path remains for Democratic leaders to restore fairness and common sense to American elections. But in order to do it, they'll need to rip a page out of Mitch McConnell's book and restore majority rule to the Senate.

The fact is that millions of Americans of different political stripes crave electoral reforms that would make the House more accurately reflect voter preferences and would slash the corruptive influence of big money on Capitol Hill.


A bipartisan poll conducted by GOP pollster Ashlee Lee Stephenson and Democratic pollster Celinda Lake revealed that 71 percent of Americans wanted the Supreme Court to set a clear standard at which point political gerrymandering violates the Constitution. And 73 percent said they wanted districts to be drawn in a nonpartisan fashion — even if the party they affiliate with would win fewer seats.

Similarly, an overwhelming majority of Americans are sick of the slosh of campaign cash that, according to researchers Martin Gilens and Ben Page, makes the preferences of wealthiest contributors (the richest 10 percent of Americans) 15 times more likely to become policy than what the rest of us want.

People get this. In 2018, Pew Research reported that 77 percent of Americans agree "there should be limits on the amount of money individuals and groups can spend on campaigns."

So why am I training the spotlight on the Democrats? Because as much as everyday Americans from both parties say they want new laws to shatter the corruption, the fact is that the support from actual lawmakers falls heavily along partisan lines. There is no hiding from this reality.

In 2016, Democratic minority leaders in the House and Senate announced a practical set of reforms to put more power back into the hands of the people. The legislation would have mandated independent, nonpartisan districting commissions, provided federal matching funds to leverage small donations to candidates, and restored essential protections of the Voting Rights Act.

The GOP dismissed it out of hand.

But in 2018, a new Democratic House majority quickly passed these reforms in its first major bill, HR 1 — the For the People Act. The bill would also fight "dark money" by requiring disclosures of donors from big-money organizations, expand the curbs on contributions from foreign nationals and create a national strategy to protect our elections.

The bill passed, on a 234-193 vote. All 234 "yeas" were Democrats. Not a single vote crossed over in either direction.

It should come as no surprise that the Republican leader in the Senate, Mitch McConnell, has refused to put the bill on the floor. Even if he did, the Democrats would be hard-pressed to get four Republicans to cross lines to reach 51 votes.

But reaching a majority in the Senate isn't the bar anyway. The "cloture" rule requires getting 60 votes before any bill can be debated and voted upon. That, for Democrats in the minority, is a near impossibility.

That said, nothing is forever. The Democrats have a chance to win back the Senate and the White House in 16 months. If they do, under the current rules, it would still be a steep climb to reach that 60-vote threshold on HR 1. But here's the thing: They don't have to.

The filibuster and cloture rules are nowhere to be found in the U.S. Constitution. They were an accident of history.

In 2013, Democrat Harry Reid, then the Senate majority leader, went "nuclear" and dropped the 60-vote rule down to a simple majority for confirmations on lower federal court judges and all executive branch nominations.

It was a bold move, but not even in the same league as Mitch McConnell.

In 2016, McConnell refused for nine months to have hearings for President Obama's Supreme Court nominee, Merrick Garland. But as soon as McConnell had a Republican in the Oval Office, he exploded the filibuster and confirmed two lifetime appointments to the high court by majority rule. This achievement will appear in the first paragraph of McConnell's obituary.

Only one circumstance remains where the filibuster and cloture rules in the Senate can stymie the efforts of the majority: passing legislation.

Some Democrats will object to losing this blocking tool in the Senate — pointing out that due to demographic and regional splits, by 2040 an estimated 70 percent of our population will be in 15 states, represented by 30 senators.

It's a legitimate concern. But it should not stop Democrats when they get back up to bat. The 60-vote rule is merely a custom which arguably violates Article I of the Constitution. Just as these rules were overturned for nominations, they will eventually be eliminated for legislation. It is more a matter of when — and for what.

A few of the Democratic presidential candidates have already said they'd be open to jettisoning the filibuster — but most are wary.

So far, Sen. Elizabeth Warren has been most unequivocal, announcing on April 5:

"When Democrats next have power, we should be bold and clear: We're done with two sets of rules — one for the Republicans and one for the Democrats. ... If Mitch McConnell tries to do what he did to President Obama, and puts small-minded partisanship ahead of solving the massive problems facing this country, then we should get rid of the filibuster."

Reform activists should be pushing every one of these Democratic presidential candidates to make this same commitment. Now. Get them all on the record.

The true ideals that are driving a movement to repair a rigged American government are nonpartisan. But it just might take the will of a single political party to reform the rules — in order to restore the system.


Read More

Clarity Is Power: The Three Pillars That Keep the People in Charge
man in white robe holding a book statue
Photo by Caleb Fisher on Unsplash

Clarity Is Power: The Three Pillars That Keep the People in Charge

American democracy does not weaken all at once. It falters when citizens lose clarity about how power is being used in their name. Abraham Lincoln warned that “public sentiment is everything… without it, nothing can succeed.” When people understand what their leaders are doing, they can hold them accountable.

But when confusion takes hold, power shifts quietly, and the public’s ability to act begins to erode. Clarity enables citizens to participate fully in democratic life and shape a government that responds to them. Confusion is not harmless; it erodes the safeguards, public awareness, and civic action that make self‑government possible. Clarity strengthens all three pillars at once — it protects our constitutional safeguards, sharpens public awareness, and fuels civic action.

Keep ReadingShow less
CONNECT for Health Act of 2025
person wearing lavatory gown with green stethoscope on neck using phone while standing

CONNECT for Health Act of 2025

How does a bill with no enemies fail to move? That question should trouble anyone who cares about Medicare, about rural health care, and about whether Congress can still do straightforward things.

In plain terms, the CONNECT Act would permanently end the outdated rule that limits Medicare telehealth to patients in rural areas who travel to an approved facility. It would make the patient's home a covered site of care. It would protect audio-only services, critical for seniors without broadband or smartphones, especially for behavioral health. It would ensure that Federally Qualified Health Centers can be reimbursed for telehealth, and it would lock in the pandemic-era flexibilities that Congress has been extending on a temporary basis since 2020. In short, it would turn five years of emergency workarounds into permanent, accountable policy.

Keep ReadingShow less
DHS Shutdown Becomes Democrats’ Leverage to Curb ICE Tactics after Minnesota Deaths

Demonstrators protest Department of Homeland Security assigning ICE agents to work alongside TSA agents at O'Hare International Airport on March 27, 2026 in Chicago, Illinois. The travel disruptions continue as hundreds of TSA agents quit or work without pay during a partial government shutdown. U.S. President Donald Trump said ICE agents will be deployed to U.S. airports on Monday, with border czar Tom Homan in charge of the effort.

(Photo by Scott Olson/Getty Images)

DHS Shutdown Becomes Democrats’ Leverage to Curb ICE Tactics after Minnesota Deaths

WASHINGTON – For more than a month, Democrats have refused to fund the Department of Homeland Security while demanding that the agency limit Immigration and Customs Enforcement agents in ten specific ways after federal agents killed two people during federal immigration operations in Minnesota in January.

“We will not continue to allow what we’re seeing on the streets. Thousands of Americans, of immigrants, of our neighbors from Chicago to Minneapolis are saying ‘enough is enough,’” said Rep. Delia Ramirez, D-Ill.

Keep ReadingShow less
President Trump signing a bill into law.

U.S. President Donald Trump signs a bipartisan bill to stop the flow of opioids into the United States in the Oval Office of the White House on January 10, 2018 in Washington, DC

Getty Images, Pool

Two Bills to Become Law; Lots of Ongoing Work

Two Bills to Become Law

These two bills have passed both the Senate and the House and now go to the President for signing, or, if he remembers his empty threat from the week before last, go to the President to sit for 10 days excluding Sundays at which time they will become law anyway.

Recorded Votes

These bills have only passed the House, so they are not going to become law anytime soon.

Keep ReadingShow less