Last week Elizabeth Warren threw down the gauntlet by arguing for killing the Senate filibuster as the only means of accomplishing the agenda that 2020 Democrats have set out for themselves. Without it, given that any decent-sized legislation needs 60 votes to pass, and accepting the impossibility of getting even one or two Republican votes, any progressive agenda is dead in the water.
So the argument in favor of nuking the filibuster is clear and obvious. As Harry Reid said back in 2013 when he invoked the nuclear option to kill the filibuster for most nominees, the Senate must evolve beyond Parliamentary roadblocks.
But generally, the idea of losing the security blanket of 60 votes is not pleasant for the times when one’s party is in the minority; so it isn’t surprising that this idea has not caught on. Senators as diverse as Corey Booker, Bernie Sanders, and Kirsten Gillibrand have shown reluctance to go there, without really admitting that this makes most of their plans moot. But I understand. The possibility of terrible Republican legislation has most of us in a defensive crouch.
So rather than make the positive case in favor of dropping the filibuster, I want to examine the main arguments in favor of keeping it, to see if they hold up. Will the end of the filibuster bring about apocalypse, or be the means of un-jamming a jammed up government?Continue reading “Should the filibuster die?”