Filibuster fight looms as Biden leans forward

Proponents of overriding the legislative filibuster by 60 votes face major hurdles in the Senate, even if President BidenJoe BidenBiden and Congress Must Take Bold Steps to Prevent Violent Extremism The Hill’s Morning Report – Presented by Facebook – Biden Faces GOP Immigration and Filibuster Offensive Democrats Play Border Crisis Defense MORE joins the fight by advocating for reform.

Progressives see Biden’s comments endorsing a return to the ‘talking filibuster’ as a major victory after months of pressure building, despite the president’s reluctance to support their ultimate goal of completely removing the procedural roadblock.

In the Senate, which will ultimately decide the filibuster’s fate, Democrats recognize that they are far from being able to change the rules, meaning they still need GOP support to pass most legislation.

“No, I think this is a process. And there are some who are skeptical of any change in the rules, ”Sen. Dick DurbinDick Durbin The Hill’s Morning Report – Presented by Facebook – Biden Faces GOP’s Immigration and Filibuster Offensive Democrats Play Defense in Border Crisis Tensions Rise Over Senate Filibuster MORE (D-Ill.) Said on whether Senate Democrats have the votes to change the rules.

Her. Brian sweetheartBrian Emanuel Schatz Senate Nears COVID-19 Vote After Marathon Session Minimum Wage Setback Revives Progressive Calls To Nix Senate Filibuster Little-Known Senate Referee To Play Big Role In Biden’s Contingency Plan MORE (D-Hawaii), saying he thought Biden was right to back the speaking filibuster, added, “How that affects what the Senate will do remains, I think, very unclear.”

‘I don’t think this whole problem solves around one or two members. This should be a family discussion … within the caucus and then a family discussion within the senate itself, if that’s even still possible, ”said Schatz.

To invoke the “nuclear option” to revise or abolish the legislative filibuster, all 50 Democratic senators should back the effort.

That puts Sens in the spotlight. Kyrsten CinemaKyrsten SinemaMcConnell: Schumer ‘gives in to pressure from the extreme left’ on filibuster The Hill’s Morning Report – Presented by Facebook – Biden faces GOP’s immigration and filibuster offensive Tensions flare over Senate filibuster MORE (D-Ariz.) And Joe ManchinJoe Manchin The Hill’s Morning Report – Presented by Facebook – Biden Faces GOP Immigration and Filibuster Offensive Tensions Rise Over Senate Filibuster Biden Says He Supports Return to ‘Talking Filibuster’ MORE (DW.Va.), both of whom have expressed opposition to the removal of the filibuster.

Manchin called Biden’s comments Tuesday night “encouraging,” but from a different perspective from progressives.

“The president understands the importance of preserving the filibuster,” said Manchin.

“I’m still 60 … I haven’t changed,” said Manchin.

The moderate Democrat also shot, creating a carve-out on specific issues: “No, no, no. That’s like being a little pregnant. “

In addition to Manchin and Sinema, there is greater concern within the Democratic caucus about making changes to the 60-vote requirement, let alone getting rid of it entirely as progressives prefer.

“There are several senators who have expressed concern,” Durbin said.

Her. Dianne FeinsteinDianne Emiel Feinstein The Hill’s Morning Report – Presented by Facebook – Biden Faces the GOP’s Immigration and Filibuster Offensive Six Women Who Could Become California’s Next Senator Feinstein Says She Plans to Serve MORE (D-Calif.) Expressed concern about lowering the 60-vote threshold, only to get Republicans to enforce conservative priorities when they regain their majority.

“I would say I am undecided,” said Feinstein, adding that the impact on a future GOP majority “is a factor, one of the reasons I hesitate.”

Her. Chris CoonsChris Andrew CoonsDems Momentum Hits Swamp Over Infrastructure Plans Oregon Senator Spearheads Democratic Filibuster Debate This Week: Democrats See Next Step After Coronavirus Aid Bill MORE (D-Del.), A close ally of Biden, said he was not yet on board getting rid of the filibuster.

“I’m not there yet,” Coons said. “I listen to suggestions from colleagues.”

Her. Jon TesterJonathan (Jon) Tester Democratic senators call on CDC to increase accessibility to senior vaccine planning Oregon Senator takes center stage in Democratic filibuster debate Democrats near pressure point on nixing filibuster MORE (D-Mont.) Endorses the idea of ​​a speaking filibuster, but suggested that 60 more votes would eventually be needed to pass legislation.

“People who want to stop a bill have to be passionate about it … for however many hours it may be,” said Tester. “I think it would reduce the number of filibusters.”

Biden shook up the Senate filibuster debate when he told ABC News during an interview that aired Tuesday night that he supported returning to a talking filibuster.

“You had to get up and speak, and you had to keep talking,” said Biden, who has served in the Senate for decades. “Once you stopped talking, you lost that, and someone could go in and say, ‘I’m going to ask.'”

“You have to work for the filibuster,” Biden added. “It’s almost getting to the point where democracy is having a hard time functioning.”

Biden did not provide details on how a talking filibuster would play out in practice and was not asked for his views on enforcing the 60-vote threshold for most legislation.

But proponents of the filibuster reform nevertheless called his comments a victory. Biden, who seemed wary of making changes, was seen by activists as a critical step to help build support for eventually removing the 60-vote threshold for most legislation.

Senator Richard Blumenthal (D-Conn.) Said Biden was “encouraging us to reform.”

President Biden’s comments are a major shift in his position, it seems to me, and should encourage reform. … He has given new energy and potential movement to the reform efforts, ”said Blumenthal.

Her. Jeff MerkleyJeff MerkleyThe Hill’s Morning Report – Presented by Facebook – Biden to hit road, tout COVID-19 relief law Oregon senator takes center stage in Democratic filibuster debate OVERNIGHT ENERGY: Graham, Sullivan signal possible support for Haaland confirmation | Agency says Biden lease break will not affect 2021 energy production | Senate panel unanimously proposes Biden election as Deputy Head of Energy MORE (D-Ore.), Who has been at the center of caucus discussions about the rules, said Biden’s comments were “much appreciated.”

“The president recognized that the United States government cannot do its job if paralyzed,” Merkley added.

It is unclear exactly what a talking filibuster would entail. Returning to practice may require opponents of a bill to speak, and once they were done, the procedural vote would be decided by simple majority.

Democrats said another approach would be to set up a talking filibuster, forcing opponents into the public mind, but retaining the requirement of 60 votes

Senate Democrats stopped predicting exactly what Biden endorsed, noting that he was not explicitly calling for the 60-vote threshold to be raised.

“He’s vague about it, but that’s okay. I think he acknowledged the fact that the filibuster was institutionalized by Sen. [Mitch] McConnell [R-Ky.]We now accept the premise that everything needs 60 votes, so we are a filibuster Senate. And I think that’s a dramatic departure from the history of the body, ”said Durbin.

Asked if Biden would approve of lowering the number of votes needed, Durbin added: “He didn’t say that. And as a student and creator of the Senate, he sure knows how to choose his words on this topic carefully. “

The pressure on the filibuster is likely to only escalate as the House sends out a growing list of big democratic priorities that don’t have the 60 votes needed to make progress in the Senate, including immigration reform, expanding background scrutiny and voting rights.

Senate Democrats filed sweeping ethics and electoral reform bill on Wednesday, along with Senate leader Charles SchumerChuck SchumerBiden: Cuomo should step down if harassment confirms allegations Half of New Yorkers say Cuomo should not resign immediately: poll Stacey Abrams: ‘I don’t believe it is necessary to eliminate the filibuster completely’ MORE (DN.Y.) swore to put it on the ground. It would take 60 votes to pass, but has no GOP co-sponsors. The legislation, known as the For the People Act, is seen by proponents of the filibuster reform as an important law that, if blocked, will lead to widespread calls to ignore the filibuster.

Republicans haven’t introduced a bill since Biden took office, but McConnell made it clear during a Fox News interview on Wednesday that they weren’t afraid to block the legislation they oppose.

Proponents of changing or taking away the filibuster think it will be necessary to see Republicans block bills holding 50 Democratic votes and widespread public support to move skeptics under the Senate’s Democratic caucus.

“We need to show them how the rules can be used and abused before we move forward,” said Durbin.

Merkley added that Democrats would watch the year unfold.

“If McConnell continues his strategy of obstruction and delay,” he said, “we’re going to work hard to bring everyone together to make the Senate work.”

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