Democrats didn't kill the filibuster. Republicans might.
Filibuster reform is dead. Long live filibuster reform.
As expected, Democrats tried and failed on Wednesday night to change Senate rules in order to pass voting rights legislation with a simple majority. But it was a close call: Only Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) broke with their party to defeat the effort. If Dems had been able to swing just two more votes to their side, they could have broken the filibuster — at least on election issues.
That left some anti-filibuster observers expressing a sort of guarded optimism. "It's cold comfort, but from where we were in, say, 2012 or 2016, it's much more shocking that 48 Senate Democrats supported a rules change to pass voting rights than that two didn't," New York Times columnist Ezra Klein wrote on Twitter. "This isn't the sort of defeat that should discourage. This is the sort that should mobilize. Democrats don't need 10 or 20 more Senate seats to pass these bills. They need two. That's it."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Adam Jentleson, a former staffer for the late Sen. Harry Reid (D-Nev.) and the author of Kill Switch, a history of the filibuster, was even bolder: "The filibuster is a dead man walking. The only remaining question is who wields the knife and to what end."
My prediction: It will happen in 2025. Republicans will do it. And they might do it — in a horrific irony — in order to pass "election integrity" legislation.
That's pretty specific, so here's my reasoning: Democrats are on track to lose their "trifecta" control of the federal government during this year's midterm elections — they'll probably lose the House and could lose the Senate too. It only makes sense to blow up the filibuster if your party has the trifecta: Why make a ruckus in the Senate if the House won't pass your legislation, or if the president will veto it? The next chance for Republicans to unify the government is in 2025. Given President Biden's approval ratings these days, it could well happen.
But wait. Haven't Senate Republicans just spent the last few days speechifying about the glories of the filibuster? Sure. But filibuster politics eventually makes hypocrites of us all. And on things that conservatives really want — like tax cuts or confirming Supreme Court nominees — Republicans have already created or taken advantage of existing carve-outs to the rule.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
These days, conservatives want one more thing — laws to crack down on (nearly non-existent) election fraud. That will probably remain true as long as Donald Trump remains the preeminent power in the GOP. If he wins election in 2024, he'll almost certainly demand an end to the filibuster. He'll probably get it.
Joel Mathis is a writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
Film reviews: 'Wicked: For Good' and 'Rental Family'Feature Glinda the Good is forced to choose sides and an actor takes work filling holes in strangers' lives
-
‘Like a gas chamber’: the air pollution throttling DelhiUnder The Radar Indian capital has tried cloud seeding to address the crisis, which has seen schools closed and outdoor events suspended
-
Political cartoons for November 23Cartoons Sunday’s political cartoons include a Thanksgiving horn of plenty, the naughty list, and more
-
Will California tax its billionaires?Talking Points A proposed one-time levy would shore up education and Medicaid
-
A free speech debate is raging over sign language at the White HouseTalking Points The administration has been accused of excluding deaf Americans from press briefings
-
Is Trump a lame duck president?Talking Points Republicans are considering a post-Trump future
-
Obamacare: Why premiums are rocketingFeature The rise is largely due to the Dec. 31 expiration of pandemic-era ‘enhanced’ premium subsidies, which are at the heart of the government shutdown
-
What happens to a Democratic Party without Nancy Pelosi?TODAY'S BIG QUESTION The storied former speaker of the House is set to retire, leaving congressional Democrats a complicated legacy and an uncertain future
-
The longest US government shutdown in historyThe Explainer Federal employees and low-income households have been particularly affected by ‘partisan standoffs’ in Washington
-
Has Zohran Mamdani shown the Democrats how to win again?Today’s Big Question New York City mayoral election touted as victory for left-wing populists but moderate centrist wins elsewhere present more complex path for Democratic Party
-
Nick Fuentes’ Groyper antisemitism is splitting the rightTalking Points Interview with Tucker Carlson draws conservative backlash
