The Filibuster Must Be Euthanized Now

It should be obvious even to the most obtuse Republican in the Senate that the Democrats will eventually regain another governing trifecta in Washington and will shortly thereafter “nuke” the legislative filibuster. They have pledged to do so in order to pass several pieces of controversial legislation, and would have done it already had it not been for West Virginia Senator Joe Manchin and Arizona Senator Kyrsten Sinema. Consequently, Senate Republicans should kill the filibuster themselves if the Democrats attempt to shut down the government again next January 30, when the recently passed partial funding bill expires.

There are a number of reasons to do so while the GOP retains its thin congressional majority. Without the filibuster, for example, Senate Democrats would not be able to block passage of the Safeguard American Voter Eligibility (SAVE) Act, which was passed by the House last April. The SAVE Act would amend the National Voter Registration Act — better known as the Motor Voter Law — by requiring states to obtain in-person documentary proof of citizenship before registering a person to vote in a federal election. Senate Democrats have deployed the filibuster to prevent passage of this legislation because they understand that requiring in-person proof of citizenship would deprive them of a crucial constituency. Senate Minority Leader Chuck Schumer (D-N.Y.) essentially admits this in a statement released after the SAVE Act passed in the House.

Congressional Republicans are pushing a proposal that would coerce states into instituting policies that would effectively prevent millions of American citizens from voting, stymie automatic voter registration and derail in-person voter registration drives. It is an outrage … We all support safe, transparent and secure elections. And countless studies have proved beyond a doubt that voter fraud is vanishingly rare. But Congressional Republicans want to disenfranchise millions of American citizens, seize control of our elections, and fan the flames of election skepticism and denialism.

The “tell” in Schumer’s statement is the reference to automatic voter registration (AVR). As recently as ten years ago, AVR did not exist in the United States. If you wanted to vote in any election, it was necessary to visit a local agency in person, produce a valid form of identification and fill out registration paperwork. Then, in March of 2015, Oregon Gov. Kate Brown (D) signed the first law in the nation providing for the automatic registration of voters using information from the state’s Division of Motor Vehicles. Upon implementation a year later, everyone obtaining or renewing a driver’s license or a state identification card in Oregon became a registered voter unless they retroactively opted out within twenty-one days.