Weathervane conservaDem Sen. Joe Manchin (?- WV) is at it again with an op/ed in today's Washington Post (which we won't link to). Basically he states that he won't support an end or changes to the Jim Crow filibuster rule in the Senate because he wants "bipartisanship." Having obviously slept through the Obama Administration, Manchin wants us to believe that there are Republicans who are willing to cross the aisle and work with Democrats on major legislation like voting rights and infrastructure (or at least 10 of them, to allow cloture).
A veteran of filibuster wars and one of our heroes, former Sen. Russ Feingold (D-WI), published what amounts to a prebuttal of Manchin's argument back on March 24. In it, he explains why the filibuster and "bipartisanship" are two separate issues, from a practical and historical perspective. Here are brief excerpts:
As discussion of
reforming the filibuster has picked up, a myth has sprouted up alongside
it. This myth says the filibuster is the primary key to bipartisanship
in the U.S. Senate. Reform the filibuster, or worse do away with it
completely, and bipartisanship will become extinct, according to the
myth.
It’s time to bust that myth. I know
firsthand how bipartisanship actually works in the Senate, and I can
attest that the filibuster is not an essential ingredient to
bipartisanship. Full stop.
To have bipartisanship, some members from both parties need to agree on
what the problem is and on how to solve it. If this doesn’t happen,
there will be no bipartisanship whether the filibuster is on the table
or not. I spent eight years working with Sen. John McCain to advance and
negotiate one of the last comprehensive bipartisan pieces of
legislation to be enacted — the McCain-Feingold campaign finance reform
act of 2002 — and the filibuster was an obstacle, not an assist, in the
process. [snip]
Today,
Democrats and Republicans do not agree on what the problem is, let alone
what the solution is, when it comes to critical issues including voting
rights, labor rights, climate change, or immigration. Keeping the
filibuster in its current form will not change this, but it will almost
certainly prevent any legislation on these issues from passing.
Minority Leader Mitch McConnell’s sudden defense of the filibuster as necessary for bipartisanship is a rewriting of history. [snip]
The filibuster is a Senate rule that
empowers a minority of senators to thwart the will of a majority of
senators. That’s its purpose and its power.
There is no bipartisan-inducing power
to the number 60. The filibuster would be just as effective at thwarting
a bill backed by 25 Democrats and 26 Republicans as it is at thwarting a
bill backed by 51 senators of the same party. The current Senate could
achieve bipartisanship with 51 senators, or even 55 or 56. And yet in
such an instance of bipartisanship, the filibuster would still be
lethal, just as it was for many years with McCain-Feingold. [snip]
The GOP’s perpetuation of the myth
that the filibuster inspires bipartisanship is mere subterfuge. To
achieve 60 votes on critical issues like voting rights or immigration in
today’s hyperpartisan world, a bill would likely consist of little more
than the effective date, as McConnell sought with McCain-Feingold.
The filibuster should be reformed, and
bipartisanship should be pursued. These are separate issues and
separate discussions. One should happen soon. The other is an ongoing
struggle that involves senators and their voters, not Senate procedure.
We don't know what Manchin's (and Sen. Sinema for that matter) play is, but we know that unless his views are somehow more nuanced than they appear on the surface, it will put him squarely in the obstructionist caucus now populated exclusively by the 50- member Republican Senate contingent. Maybe he needs to have a "come to Russ" moment?
In the meantime, a few reactions to Manchin's latest pronouncement:
And, from that same Adam Jentleson who literally wrote the book on the filibuster, this primer that even Joe Manchin might understand: