More longstanding policies would also be threatened by the elimination of the filibuster. It’s been many decades since Republicans held unified control of government in blue states like New York. Public-sector unions and other Democratic-leaning groups have therefore been able to block state legislation that threatens their interests, while relying upon Senate Democrats to obstruct federal laws that may intrude. The abolition of the filibuster would disrupt these arrangements by allowing congressional Republicans to enact nationwide “right to work” laws, repeal Davis-Bacon requirements for unionized labor on public construction, expand tort reform to left-leaning states, and mandate that states expand school choice as a matter of civil rights. Indeed, filibuster abolition may allow Republicans to recast federal civil rights law around conservative principles, while adding a host of nuances and qualifications to prevent sweeping liberal rulings.

The filibuster already has enough loopholes to let Democrats achieve their near-term policy objectives. Biden’s health-care plan, which mostly involves expanding Obamacare spending and establishing a public option, could be enacted under the budget reconciliation process. The most important barrier to the enactment of such ambitious policy goals is not the filibuster but fiscal constraints. Indeed, congressional Democrats may value the filibuster in part precisely because it absolves them of the painful task of explaining to their electoral base that their policy preferences are simply unaffordable.