ObamaCare set up today's filibuster fight
Democrats are beginning to lose their patience with the filibuster and the handful of recalcitrant members of their own party who refuse to support its abolition. Their election reform bill, a new round of social welfare spending, climate change legislation, perhaps even infrastructure are all stuck due to the Senate's 60-vote threshold for
ending debate.
Having run on an ambitious progressive platform, Democrats only have control of the Senate thanks to Vice President Kamala Harris' tie-breaking vote. Their House majority isn't much larger, but is less of a problem: Sans filibuster, all Democrats have to do is keep their caucus together to pass whatever they want.
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.
Democrats, with a few notable exceptions, would now like to take this process to the "world's greatest deliberative body." But it is their experience with the last time they had a filibuster-proof majority, however briefly, that showed them that lasting liberal legislation could be passed by slim margins on a party-line vote.
ObamaCare initially made it through the Senate when Democrats had 60 votes due to moderate Republican Sen. Arlen Specter switching parties. The party's House majority was roughly as large, but the bill only narrowly passed the lower chamber when nearly 40 Democrats defected to vote against it. Eventually, Democrats had to resort to the
reconciliation process to muscle the legislation over the finish line because liberal icon Ted Kennedy died and was replaced by Republican Scott Brown, putting the filibuster back on the table.
But every major progressive achievement, from the New Deal to the Great Society to ObamaCare, was enacted when Democrats had much bigger congressional majorities than they do today. Social Security, Medicare, and the major civil rights legislation of the 1960s all passed on a bipartisan basis. The thought even among many liberals was that this was necessary to create buy-in for enduring change.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
ObamaCare's passage was not bipartisan. In the House, the final margins were close. It cost Democrats their majorities later that year. Yet when the stars aligned for Republicans under Donald Trump in 2017, they could not repeal ObamaCare anymore than the mainstays of the New Deal.
The fact that Republicans ran on repeal for seven years, came close to doing so, and win elections often enough probably suggests the older model works better. Nevertheless, ObamaCare remains the greatest success story of liberals ready to ditch bipartisanship.
W. James Antle III is the politics editor of the Washington Examiner, the former editor of The American Conservative, and author of Devouring Freedom: Can Big Government Ever Be Stopped?.
-
Homes by renowned architectsFeature Featuring a Leonard Willeke Tudor Revival in Detroit and modern John Storyk design in Woodstock
-
Looming drone ban has farmers and farm-state Republicans anxiousIN THE SPOTLIGHT As congressional China-hawks work to limit commercial drone sales from Beijing, a growing number of conservative lawmakers are sounding an agricultural alarm
-
Mind-expanding podcasts you may have missed this fallThe Week Recommends True crime, a book club and a therapeutic outlet led this season’s best podcasts
-
Are Republicans going to do a deal on health care?Today's Big Question Obamacare subsidies are expiring soon
-
US government shutdown: why the Democrats ‘caved’In the Spotlight The recent stalemate in Congress could soon be ‘overshadowed by more enduring public perceptions’
-
A crowded field of Democrats is filling up the California governor’s raceIn the Spotlight Over a dozen Democrats have declared their candidacy
-
Will Chuck Schumer keep his job?Today's Big Question Democrats are discontented and pointing a finger at the Senate leader
-
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
-
Democrats split as Senate votes to end shutdownSpeed Read The proposed deal does not extend Affordable Care Act subsidies, the Democrats’ main demand
