Biden Calls Democrat Sen. Kyrsten Sinema A Jim Crow Confederate
President Biden and the Democrats have been reduced to desperate attacks, even against their own, because their agenda is dead.
Senate Democrats do not have enough votes to end the legislative filibuster. But the issue won't go away, and progressive activists clamoring for President Joe Biden to enact a more progressive agenda are searching for midterm election candidates who will campaign on ending the Senate's 60-vote requirement to pass major pieces of legislation. Some have even begun to argue that the filibuster is racist.
In the face of the left's agitation to enact the so-called "nuclear option," Sen. Ben Sasse (R-Neb.) rose to speak on the Senate floor Tuesday, defending the filibuster, pointing out the Democrats' hypocrisy on the issue, and warning against the evils of partisan majority rule.
"This is a debate about nothing less than the nature and durability of American self-government," Sasse argued.
Sasse noted that Democrats, who hold a majority in the 50-50 Senate by virtue of Vice President Kamala Harris' constitutional power to break ties, have begun arguing for filibuster "reform" since President Biden assumed office. In recent weeks, it has become popular for some senators, like Sen. Elizabeth Warren (D-Mass.) to make the case that the filibuster "has deep roots in racism," being used as a tool by white supremacist senators to block civil rights legislation.
Warren and other Democrats, of course, did not make these arguments when President Donald Trump was in office and they were in the minority, and Sasse clobbered them with their hypocrisy.
"[Sen. Brian Schatz (D-Hawaii)] recently said that the filibuster is quote 'stupid' and 'paralyzing.' He also said 'it's time to trash the Jim Crow filibuster,'" Sasse recited. "But just four years ago when Donald Trump was elected and House Republicans were itching to have the Senate eliminate the filibuster because Republicans controlled the House, the Senate and the White House, Senator Schatz and a bunch of his colleagues actually penned a public letter that defended the filibuster and all of its quote, 'existing rules, practices and traditions,' close quote, precisely because it advanced the deliberative purposes of the Senate."
"I don't remember Senator Schatz then calling it the Jim-Crow filibuster when he wrote that letter, or when he was blocking Tim Scott's police reform legislation last year by pointing to the Senate super-majority requirement rules," he continued. "I don't remember Senator Schatz calling it stupid when he filibustered COVID relief in September and again in October under the Senate's current rules."
He continued:
I could give a hours and hours-long speech going through all the flip-floppers in this chamber who had one position 48 months ago and now have a completely different position. I don't need to name all of them, we should just say, "what changed?" We know what changed. The only thing that changed in the last two years is who's in power. When Democrats were in the minority, you were fierce defenders of this "indefensible Senate prerogative."
That was the language that was used. The filibuster was "standing between America and fascism," we heard. But now, when you've got the slimmest majority, actually it's just 50-50 and you need the VPs' motorcade to break a tie, now the filibuster is standing between you and some of your legislative goals, and therefore it needs to be tossed out. But when you were using the filibuster to halt Senator Scott's police reform bill, the filibuster was an essential American institution that forces compromise. But now that it can be occasionally used to resist a 51-50, straight majoritarian exercise of power, it's supposedly exclusively a relic of slavery and a tool of Jim Crow. It's nonsense and the people saying it know that it's nonsense. They use the same rule last year and you weren't racist when you used it last year. This is B.S. that has been focused grouped and particular bills are being used as the excuse to grab power that won't just be for this bill, it will be forever. It will be the end of the Senate. Was the filibuster really a tool of Jim Crow when it was used against Tim Scott last year? I don't think so. And I don't think any of you think so.
If somebody wants to come to the floor and repent of their racism of having used the filibuster last year, please do. But it isn't what it was happening so stop with the nonsense rhetoric that is just for an MSNBC soundbite tonight. It's sad to watch so many of my colleagues who know better be bullied into this position of short sightedness. And they do know better because many of you say it in private. And you're being bullied there by the fringes of your party. But part of the responsibility of being a U.S. Senator is to stand up to the extreme fringes of your party. Part of the responsibility of being a U.S. Senator is to say, "I know that people are angry, I know that people are yelling. I know that there are hot heads. But one of the jobs of the Senator and the job of hits body it tries to find a way to let cooler heads prevail."
Senate Minority Leader Mitch McConnell (R-Ky.) issued a dire warning Tuesday to Senate Democrats as progressive activists demand an end to the legislative filibuster.
Speaking on the Senate floor, McConnell said the Senate would become a "100-car pileup" where "even the most basic aspects" of its business would be blocked to grind legislative progress to a halt should Democrats engage the so-called nuclear option to kill the filibuster.
"So let me say this very clearly for all 99 of my colleagues. Nobody serving in this chamber can even begin to imagine what a completely scorched-earth Senate would look like," McConnell said. "None of us have served one minute in a Senate that was completely drained of comity and consent. This is an institution that requires unanimous consent to turn the lights on before noon, to proceed with a garden-variety floor speech."
He continued: "I want our colleagues to imagine a world where every single task, every one of them, requires a physical quorum. Which, by the way, the vice president does not count in determining a quorum. This chaos would not open up an express lane for liberal change. ... The Senate would be more like a 100-car pileup, nothing moving."
The Democratic majority faces mounting pressure from progressives to kill the filibuster and pass major legislation to fulfill campaign promises from President Joe Biden. House Democrats have passed bills that would overhaul the U.S. election system, codify sexual orientation and gender identity protections into anti-discrimination law, criminalize unlicensed private firearm sales, among other progressive priorities that are unlikely to gain Republican support.
As long as any Republican filibusters a bill, the support of 60 senators is needed to overcome the filibuster, meaning most Democratic bills are dead on arrival in the 50-50 Senate.
Two Democratic senators, Joe Manchin (W.Va.) and Kyrsten Sinema (Ariz.), have publicly opposed ending the legislative filibuster. But Manchin in recent weeks has signaled openness to making the filibuster "painful" to use, suggesting that senators who want to filibuster a bill be made to continuously hold the Senate floor by standing there or giving a speech for the entire duration of the filibuster (see: Mr. Smith Goes to Washington).
Others want the filibuster gone altogether. Sen. Dick Durbin (D-Ill.), the No. 2 Senate Democrat, said Monday "everything is on the table" to pass President Biden's agenda, including the nuclear option.
"The filibuster is still being misused by some senators to block legislation urgently needed and supported by strong majorities of the American people," Durbin said. "This is what hitting legislative rock bottom looks like. Today's filibusters have turned the world's most deliberative body into one of the world's most ineffectual bodies."
Previously under President Donald Trump, Durbin and other Democrats claimed ending the filibuster "would be the end of the Senate." Sen. Mitt Romney (R-Utah) called attention to the Democrats' hypocrisy, reacting to calls to reform the filibuster by telling reporter Igor Bobic: "I don't recall them saying any of that over the last four years. And so anything they've said in the last four years I'm happy to adopt now. As I recall in the last four years they were very comfortable with how the filibuster worked."
McConnell reminded Democrats that he resisted President Trump's demands to end the filibuster and pass major components of his agenda into law. He also reminded them how they came to regret ending the filibuster for presidential nominations when Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney-Barrett were confirmed to the Supreme Court and said without the legislative filibuster things would go poorly for them the next time Republicans have control of Congress.
"Touching the hot stove again would yield the same result but even more dramatic. As soon as Republicans wound up back in the saddle, we wouldn't just erase every liberal change that hurt the country. We'd strengthen America with all kinds of conservative policies with zero input from the other side," McConnell said.
"How about this," he threatened. "Nationwide right to work for working Americans. Defunding Planned Parenthood and Sanctuary Cities on day one. A whole new era of domestic energy production. Sweeping new protections for conscience and the right to life of the unborn. Concealed carry reciprocity in all 50 states and the District of Columbia. Massive hardening of security on our southern border."