Today’s Edition: A cudgel against democracy.

June 22, 2021

          On the day that the filibuster was used as a cudgel against democracy, Senator Kyrsten Sinema rose to its defense. She called the filibuster a “guardrail of democracy.” Whatever political universe Kyrsten Sinema inhabits, it is not the universe that includes the United States of America in 2021. The “filibuster” is a perversion of democracy, just as Sinema’s claim that it is a “guardrail of democracy” is a perversion of the truth. Sinema’s defense of the filibuster is here: The Washington Post, “Opinion | Kyrsten Sinema: We have more to lose than gain by ending the filibuster.” Sinema’s thesis is this:

          The filibuster compels moderation and helps protect the country from wild swings between opposing policy poles.

          Sinema’s claim is absurdly false. The filibuster has not encouraged moderation but has instead encouraged extremism and obstructionism. Senator Sinema fears that if a simple majority in the Senate can pass a voting rights bill, a simple majority can amend or abolish the bill in the future. In other words, Senator Sinema fears democracy. The Framers of the Constitution provided that the Senate would act in precisely the manner that Senator Sinema finds so frightening. Legislation is almost always passed by the majority “over the objections of the minority.” That is how democracy works.

          Sinema is wrong that the Senate will engage in “wild swings” in the absence of the filibuster. Republicans controlled Congress and the presidency for two years beginning in 2017 but failed to repeal the Affordable Care Act during that period. Repeal of the Affordable Care Act was not subject to the filibuster. In her op-ed, Sinema asserts that a wide range of federal programs would be abolished if it weren’t for the filibuster, including programs relating to women’s health, aid to children and families in need, health care, Medicaid, Medicare, women’s reproductive services, funding for federal agencies to protect the environment and education. Senator Sinema is wrong on every count. Each of those programs could be repealed tomorrow on a majority vote in the Senate (assuming the House and president agree). See NYMagazine, “Kyrsten Sinema’s Filibuster Defense is Factually Untrue.” It is one thing for Senator Sinema to defend the filibuster; it is altogether another thing for Senator Sinema to rely on falsehoods in that defense. She should publish a retraction.

          There are other flaws in Senator Sinema’s argument. The Senate cannot act alone in repealing legislation. The House and the President have roles in the legislative process that serve to dampen the “wild swings” that Sinema fears. The checks and balances embedded in the Constitution are the “guardrails of democracy” gifted to us by the Framers—not an anti-democratic rule that amplifies the constitutional advantage already granted to less populous states. In her most pathetic argument, Sinema conjures the imaginary evil of the majority passing legislation “over the objections of the minority.” That argument is dispatched by Greg Sargent writing in WaPo, as follows:

That truly is frightful. Imagine a world in which legislative majorities could pass voting restrictions over the objections of minorities! Oh, wait, we already live in that world. In state after state after state, voting restrictions of all kinds are being passed into law by Republican-controlled legislative majorities, over the objections of minorities.

 See Greg Sargent in the Washington Post, “Opinion | Kyrsten Sinema accidentally reveals the huge hole in her filibuster defense.”

          Because Senators Sinema, Manchin, and other “moderate” Democrats support the filibuster, the Senate will remain idle in the face of the greatest legislative assault on voting rights in a century. The cynical, hypocritical rhetoric coming from Mitch McConnell, Susan Collins and others is revolting. McConnell claims that there is no need to debate voting reform because “nothing is broken” about how states manage federal elections. While that may have been (arguably) true in 2020, his comment ignores the fact that states are dismantling legislation that protected voter rights in 2020.

          The failed vote in the Senate on Tuesday was the culmination of months of performance art designed to sway Senators Manchin and Sinema. It failed to change the views of either Senator—or of a single Republican. That outcome was predictable (and predicted) on March 3, 2021, when the For the People Act was passed in the House. Majority Leader Chuck Schumer moved at a glacial pace in forcing a vote to bring the legislation to the Senate floor. After failing to advance the For the People Act, the Senate will begin a two-week vacation for the Fourth of July.  During that break, Democrats should let their Senators know that they are unhappy with the broken state of the Senate. And don’t only focus on GOP Senators. Democrats just burned four months of their control of both chambers of Congress to placate two Senators. Democrats in Congress need to pick up the pace or they will squander a rare opportunity to get things done. As always, you can contact your congressional representatives through the links in the Chop Wood, Carry Water, a website / newsletter that promotes daily acts of democracy.

Carl Nassib self-identifies as “NFL player who is gay.”

          When Jackie Robinson courageously broke the color barrier in Major League Baseball in 1947, it was with the support of management of the Brooklyn Dodgers and (later) of the National League President. Robinson persevered and triumphed over bigotry by teammates, opposing players, and fans. It took nearly 75 years for the first National Football League Player to identify as gay while playing in the NFL. On Monday, Carl Nassib released a post on Instagram in which he said, “I want to take a quick moment to say that I am gay.” It is remarkable that Nassib’s statement is remarkable in 2021. Although LGBTQ people may be widely accepted in some parts of American society, they are also subject to widespread discrimination. Nassib’s declaration comes when he is a player in a sport that has managed to suppress the identities of all other gay players for 100 years. Nassib deserves recognition and support for his announcement, which follows in the footsteps of Jackie Robinson.

          In making his announcement, Nassib asked fans to donate to the The Trevor Project, which is dedicated to suicide prevention among young LGBTQ men and women. The Trevor Project advertises itself as a “safe and judgment-free place to talk.” Despite the acceptance of LGBTQ people in some parts of the country, many teens experience pressure (and shaming) from church groups, parents, peers, and coaches. I frequently hear from parents of LGBTQ teens who describe the social pressures on their children—and who express gratitude when I make the simple statement that LGBTQ people deserve to be treated like people. Discrimination against LGBTQ people is (sadly) socially acceptable in many communities. It might be invisible to you, but it could be tormenting a young person in your life who is suffering in silence. Keep the number for the Trevor Project nearby and share it freely: 1-866-488-7386.

A good source for political intelligence.

I subscribe to Len’s Political Notes. Len’s story is similar to mine. In almost the same week in 2017, we both began writing make-shift newsletters in response to the election of Donald Trump. Len’s newsletters focus on Democratic candidates who need help to remain in office or flip a seat to blue. He delivers highly researched, thoughtful recommendations on races around the country. In his most recent note, he focuses on Allison Russo, a candidate for Ohio’s 15th Congressional District. Len’s discussion of Russo is typical of the high quality of his research and his thoughtful approach to the difficult questions of which Democratic candidates to support in a complicated political landscape. At the end of his note on Allison Russo, Len includes a list of Democratic Representative who were elected to the House with less than 52% of the vote. That is a good list to keep at hand. Len maintains an archive of his recommendations at his homepage.  Check it out.

Concluding Thoughts.

Tuesday was one of those days when it is difficult not to be discouraged by the monolithic bad faith of the Republican Party. So-called “moderates’ in the GOP like Susan Collins, Lisa Murkowski, Mitt Romney, and Rob Portman voted against allowing debate on voter protection legislation. Against the lock-stop discipline of the Party of No, Democrats are airing their differences on the editorial pages of the Washington Post and New York Times. If is, of course, immensely more difficult to be for something as a Democrat than it is to be against everything as a Republican. I get it. But Democrats are rightfully frustrated over the ongoing hostage situation in the in the Senate.

          Our path forward is to create a majority in the Senate so large that Joe Manchin and Kyrsten Sinema can go back to being irrelevant and ineffective without damaging the Democratic agenda. The remarkable thing about the Senate’s performance in 2021 is not that it has hit a GOP roadblock, it is that Democrats are driving the bus. It could have been otherwise but for the unexpected victories of Senators Warnock and Ossoff. We have made great progress. We need to maintain our momentum in 2022 and 2024. Despite the frustration of Tuesday’s vote in the Senate, don’t give up. Instead, use the vote to motivate yourself to greater engagement and commitment to the Democratic cause.

          Talk to you tomorrow!