Democrats will live to regret it if they nuke the filibuster

There is now an effort to brand the filibuster as inherently an instrument of hatred and repression. The filibusters of civil-rights legislation in the mid-20th century are justly notorious, but the tactic has often been used to progressive ends, most recently thwarting as much of Trump’s legislative agenda as possible.

Back in 2017, more than 30 Senate Democrats, including Kamala Harris, signed a letter urging the tactic be preserved. Of course, Biden himself had long favored it. As late as last year, he was saying that ending the filibuster would be “a very dangerous move.”

Democrats have changed their tune now, obviously, because they control the Senate. But the timing still isn’t propitious for them. It’s not as though the Democrats have a robust majority. They have the slightest advantage, thanks to Harris, in a 50-50 Senate. An unexpected retirement or illness could put their control in jeopardy, and it’s hardly a guarantee they will hold the majority after 2022.

Even if they ended the filibuster tomorrow, it’s not clear that their most prized priorities, like the HR 1 voting bill, could even get 50 votes to pass.