CHRIS CRUCIAL: The filibuster is on life support 💀
PLUS: Townhalls!
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1. Harris’ filibuster moment
On Monday in an interview with Wisconsin Public Radio, Vice President Kamala Harris said this:
“I think we should eliminate the filibuster for Roe. And get us to the point where 51 votes would be what we need to actually put back in law the protections for reproductive freedom and for the ability of every person and every woman to make decisions about their own body and not have their government tell them what to do.”
Which, on one level, isn’t that surprising. Harris, as vice president, had supported getting rid of the filibuster, which requires 60 votes on major legislation, in order to pass things like abortion rights and voting rights.
But, given her recent attempts to walk away from more liberal positions she has taken in the past, there was some question as to whether her support for ending the 60-vote threshold would continue.
West Virginia Sen. Joe Manchin, who along with Arizona Sen. Kyrsten Sinema, have blocked past efforts by Democrats to eliminate the filibuster reacted, um, poorly to the news.
“Shame on her,” Manchin said Tuesday. “She knows the filibuster is the Holy Grail of democracy. It’s the only thing that keeps us talking and working together. If she gets rid of that, then this would be the House on steroids.”
He added of Harris’ past support for eliminating the filibuster: “Well, she said she supported banning fracking too, and she changed that. I was hoping she would change this.”
Ouch!
Harris’ public support to wipe away the filibuster to codify the right to abortion into federal law is yet another sign that the 60-vote threshold for major legislation in the Senate is on its way out.
Manchin and Sinema are retiring. While Republicans are very likely to win Manchin’s West Virginia seat, Democratic Rep. Ruben Gallego is favored to win Sinema’s Arizona seat. Gallego has said previously he supports eliminating the legislative filibuster.
Which means that if Democrats do manage to hold the Senate — an unlikely but not impossible prospect — and Harris wins the White House, the filibuster will almost certainly go the way of the dodo.
Of course, what Harris’ comments on the filibuster also mean is that if Donald Trump is in the White House and Republicans control the Senate — as they are likely to do — they could point to what the Vice President has said as justification for eliminating the filibuster too.
Which is why I long assumed that the filibuster would stay intact. Because getting rid of it amounted — politicians thought — to mutually assured destruction. Sure, when you are in the Senate majority you can do what you want — especially if you also control the White House and the House. But, if you are OUT of power in those three bodies, well, you get absolutely rolled.
I no longer believe the fear of what the other side will do is keeping the parties from triggering the end of the filibuster. I think Democrats have concluded that if they have the chance, they will take it — come what may.
The calculus, I think, is that Republicans would do it to them — so they should do it first. Get things like the right to an abortion into federal law and then dare Republicans to repeal it.
Which is why I am now convinced that the filibuster is dying. It seems to me a question of when, not if, it will eventually be eliminated.
2. Townhall Time
We may not get another presidential debate but the two candidates will appear on national TV again before the election. Just not together.
Univision announced Tuesday that Donald Trump and Kamala Harris have both agreed to participate in separate townhall events next month.
Trump will go first — at a townhall in Miami on October 8. Two days later, Harris will appear at a Univision townhall in Las Vegas. Journalist Enrique Acevedo will moderate both townhalls.
“There are more than 36 million Hispanics eligible to vote in the U.S., making them the largest minority in the country, with the power to influence the outcome of the race for the White House and the future of the nation,” said the president of Univision in a statement.
In 2020, Joe Biden won Latino voters 65%-32% over Trump. (Latinos made up 13% of the overall electorate.) In 2016, Hillary Clinton beat Trump 66%-28%.
Republicans have made inroads with the Latino vote — especially in Texas and Florida in the 2022 midterms. Trump has insisted he will be more competitive among Latinos in this election. A recent Pew poll showed him down 18 points to Harris among this voting bloc.
3. How I spent my Monday
As regular readers know, I am hosting a new show on Monumental Sports Network about sports and politics. We have been steadily filming episodes for the past 6 weeks or so.
Yesterday was my favorite filming day yet. At the Washington Capitals ice rink in northern Virginia, I donned the full goalie gear and tried to stop some shots from former professional hockey player — and now Republican Congressman — Pete Stauber.
I can’t wait for you to see the whole episode — the show debuts in November — but here are a few pics and a video from yesterday to tide you over. And, if you want to follow me on Instagram or X, there will be more pics posted there too!
NOTABLE QUOTABLE
“I'm happy that there's not a Senate race in North Carolina.” — Sen. Mitch McConnell, telling the truth
ONE GOOD CHART
This chart via Pew on how people get news via social media is fascinating. Take particular note of the rise of TikTok. (Did I mention you can follow me on TikTok?)
SONG OF THE DAY
Jesse Malin is a famed New York City singer and songwriter. He suffered a stroke last year and a bunch of musicians he’s worked with over the years decided to record an album of covers of his songs to cover his medical expenses. The album is called “Silver Patron Saints.” Here is The Hold Steady doing Malin’s “Death Star.”
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Just as a reminder: the filibuster is NOT in the Constitution. There is no legal reason to maintain it. And the notion that a minority can override the will of the people is as undemocratic as it gets. (Minority rights must be respected and protected of course, but the filibuster isn't the way to do it.)
Seriously Chris! Joe Manchin criticizes Kamala over her support for eliminating the filibuster for a law establishing a nationwide right to abortion and she is supposed to feel harmed by this? So she changed her position. So what. The Supreme Court changed its position and the vast majority of the country disagrees with them and agrees with Harris. She knows she can’t get that law passed with the filibuster in place so she is advocating for a change in tactics. That’s called legislating, which is something Republicans used to do before being taken over by crazy ideologues. As for Manchin, he also said the filibuster is the holy grail of democracy. Could have fooled the father of the Constitution, James Madison, who ALWAYS favored majority rule and not what has, in effect. Become minority rule thanks to the filibuster