Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Voting rights advocates believe filibuster reform is possible

Sen. Joe Manchin, voting rights

Reporters follow Sen. Joe Manchin to his car outside the Capitol. He is one of two Democrats key to negotiations over filibuster rules.

Anna Moneymaker/Getty Images

The Senate remains in session during the final days of 2021, but the agenda is limited to clearing some of President Biden’s nominees for federal office. That’s because two of the Democratic majority’s signature initiatives — the social spending bill known as Build Back Better and a pair of election reform bills — remain at the mercy of the filibuster.

While Biden, Sen. Joe Manchin and others may continue negotiations on the details of BBB, there isn’t much to discuss on the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act. Except, of course, whether there’s a way to break through the GOP-erected barriers.

With two moderate Democrats continuing to voice opposition to eliminating or changing the filibuster rules, there doesn’t appear to be an obvious path forward in the 50-50 Senate. But some proponents of the two voting rights bills believe West Virginia’s Manchin and Kyrsten Sinema of Arizona have left the door open to rules alterations.


“The read that I’ve seen in some outlets like Politico about Sinema and Manchin is the wrong one,” said Damon Effingham, director of federal reform for RepresentUs. “If you look at the things they are saying and especially what Manchin is doing, they are interested in having a functional Senate.”

Effingham argues that Manchin’s identification of hyperpartisanship as a cause of dysfunction in the Senate is evidence he is open to changes, as long as they aren’t too drastic.

“What I think is the read here is they don’t want to take a hasty action that has a pendulum impact on federal policy,” said Effingham. After all, many have noted, drastic changes now for voting rights bills could pave the way for looser rules on future policy votes.

Manchin perhaps signaled his willingness to change the filibuster when he met with an expert on Senate rules Thursday night.

https://twitter.com/JakeSherman/status/1471855688108421127

And Sinema’s spokesman appeared to leave the door open earlier this week.

“If there are proposals to make the Senate work better for everyday Americans without risking repeated radical reversals in federal policy, Senator Sinema is eager to hear such ideas and — as always — is willing to engage in good-faith discussions with her colleagues," John LaBombard told Politico.

Stephen Spaulding, senior counsel for public policy and government affairs at Common Cause, echoed Effingham’s take.

“Conversations are really underway to find a way forward that restores the Senate as a place where senators come together, debate issues of the day and actually pass them, not bury them,” said Spaulding. “I think there is a desire — not just among Senate Democrats, among Republicans as well. The Senate is not working as well as it has in the past.”

Spaulding identified a number of previous efforts around altering the filibuster while preserving a significant portion of the rule, ideas that may be considered again.

One idea, which Manchin has indicated he could support, would limit the types of votes on which a filibuster could be deployed. For example, filibusters are commonly used when the Senate votes on a “motion to proceed,” which brings a bill to the chamber floor for consideration. By banning filibusters on those votes, legislation would at least be ensured time for debate before senators can engage in a filibuster on the vote to pass the bill.

Another idea, and one that President Biden has supported, is restoring the “talking filibuster.” Under current rules, a senator can merely announce a filibuster without actually going through the painstaking work of talking a bill to death. (“Think “Mr. Smith Goes to Washington.”) Democratic Sen. Jeff Merkley of Oregon has proposed such a change to the rules in the past.

And a third option mentioned by Spaulidng would be an agreement under which both parties are guaranteed the opportunity to introduce a certain number of amendments.

“It’s not ‘abolish the filibuster or nothing,’” he said. “It’s a matter of restoring the Senate.”

Other proponents of the Freedom to Vote Act and the John Lewis bill have argued that the Senate should create a “carveout” for voting rights legislation, or have pointed to recent maneuvering that allowed the chamber to increase the debt ceiling with a simple majority vote. But those options do not appear to be under serious discussion.

The John Lewis Voting Rights Advancement Act would restore some voting rights protections that have been struck down by the Supreme Court. Previous iterations of the Voting Rights Act were passed with bipartisan support, but Lisa Murkowski of Alaska is the only Republican senator who has said she would vote for VRAA. That still leaves Democrats nine votes short of breaking a filibuster.

And the Freedom to Vote Act, a sweeping bill that sets federal standards for elections, does not have any Republican backing in the Senate. It replaced the For the People Act after Manchin negotiated changes that he hoped would bring on GOP support.


Read More

House Democrats and Republicans Clash over Free Speech in Higher Education

Rep. Burgess Owens, R-Utah, addresses the chamber in front of a portrait of George Miller.

(Matthew Junkroski / MEDILL)

House Democrats and Republicans Clash over Free Speech in Higher Education

WASHINGTON — Witnesses and representatives sat in silence as Rep. Burgess Owens, R-Utah, spoke about how universities should strive for intellectual diversity and introduce controversial ideas. Rep. Alma S. Adams, D-N.C., agreed with his rhetoric, but went on to criticize her Republican colleagues for standing in the way of free expression.

“Unfortunately, what we often see, especially in hearings like this, is not a good faith effort to strike that balance, but a selective narrative,” Adams said. “My colleagues on the other side of the aisle frequently claim that there’s a free speech crisis on college campuses, arguing that universities lack viewpoint diversity and silence certain perspectives.”

Keep ReadingShow less
Republican Attacks on Citizen Ballot Measures Undermine Democracy

Election workers process ballots at the Orange County Registrar of Voters one week after Election Day on November 12, 2024 in Santa Ana, California.

Getty Images, Mario Tama

Republican Attacks on Citizen Ballot Measures Undermine Democracy

In October 2020, Utah’s Republican Senator Mike Lee delivered a startling but revealing civics lesson in the aftermath of that year’s vice-presidential debate between Kamala Harris and Mike Pence. He tweeted, The United States is “not a democracy.”

“The word ‘democracy,’’’ Lee wrote, “appears nowhere in the Constitution, perhaps because our form of government is not a democracy. It’s a constitutional republic….Democracy isn’t the objective….” The senator said that the object of the Constitution was to promote “liberty, peace, and prospefity (sic).”

Keep ReadingShow less
Key Senate panel advances Trump’s pick for Fed chair

Kevin Warsh testified in a Senate Banking Committee confirmation hearing for Fed chair last week.

Photo provided

Key Senate panel advances Trump’s pick for Fed chair

WASHINGTON – The Senate Banking Committee on Wednesday voted 13 to 11 to advance Kevin Warsh’s nomination as Federal Reserve chairman despite Democrats’ concerns that he would not be independent from President Donald Trump.

The banking committee’s vote fell along party lines, with all 13 Republicans voting in favor of the nomination and all 11 Democrats voting against it. Senator Elizabeth Warren, D-Mass., said in a press release that it was the first time a vote on a Fed chair nominee was entirely partisan.

Keep ReadingShow less
Top of the U.S. Supreme Court House

Congress advances a reconciliation bill to fund the Department of Homeland Security while passing key rural legislation. As debates over ICE funding, wildfire policy, and broadband expansion unfold, lawmakers also face new questions about the use of AI in government.

Getty Images, Bloomberg Creative

Starting Up the Reconciliation Machine

This week the Senate began the long, procedure-heavy process of creating and passing a reconciliation bill in order to enact Republican priorities without requiring any votes from Democratic legislators: funding the parts of the Department of Homeland Security (DHS) whose funding remains lapsed and additional funds for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Also this week, the House agreed to two bills that next go to the President and voted on a number of bills related to rural areas.

Two New Laws Soon

Both of these bills go to the President next for signing:

Keep ReadingShow less