Critics may be making the best argument for keeping the filibuster

There are good-faith arguments that filibusters frustrate democratic voting. However, this is arguably a time when the value of the rule is most evident and most compelling as a compromise-forcing legislative device. The Senate is split 50-50, a reflection of the country’s division. (The House is little better off, with a majority of just a handful of votes, the smallest majority since World War II.) That leaves Democrats struggling to pass bills based on the tie-breaking vote of Vice President Harris. Democrats were able to circumvent the filibuster rule to pass a $1.9 trillion relief bill, with no need to compromise, by using a budget reconciliation tactic. Heavily laden with pork projects and few spending limits, that bill embodied the dangers of enacting legislation on simple “muscle votes.” Now, though, they want to push through non-budget bills that cannot be shoehorned into a budget reconciliation framework. For example, many senators want to add as many as four new Supreme Court justices to give liberals an instant, controlling majority on the court. There also is a demand to make D.C. the 51st state. Notably, both moves are highly unpopular with a majority of voters. And Democrats are pushing an unprecedented federalization of elections to prevent states from requiring forms of voter identification that are popular with voters.
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