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    Congress is 'better poised than ever' to pass paid family leave bill, lawmakers say

    Senator Kirsten Gillibrand has said US Congress is in a “unique moment” and “better poised than ever” to pass a paid family and medical leave bill that would make the benefit permanently accessible to all American workers for the first time, as she and congresswoman Rosa DeLauro reintroduced the legislation on Friday.Currently, the US is the only industrialised nation in the world not to have a national paid family and medical leave policy.The two Democrats first introduced the Family Act in 2013 and in every Congress since then, but it has so far failed to gain sufficient support to become law. Now, however, following the pandemic and the change of administration, they believe the momentum is finally with them and paid leave could soon become a permanent reality for American workers.“I see this as a unique moment in time … Not only is paid leave understood, it’s something supported by the majority of Americans – Democrats and Republicans,” Gillibrand said in a video press conference.So far the legislation, which they reintroduced on Friday, has the support of more than 230 members of Congress. It would entitle every worker, regardless of company size and including those who are self-employed or work part-time, to up to 12 weeks of partial income – including for their own health conditions, pregnancy, birth or adoption, or to care for a child, parent or spouse.Nearly 80% of US workers – a disproportionate share of whom are women and people of colour – do not have access to paid leave through their employer, according to the National Partnership for Women and Families (NPWF).“This first introduction has more co-sponsors in the Senate and the House than we’ve ever had, so we are better poised than ever before to actually pass this bill,” Gillibrand said. “It’s something that Joe Biden believes in, Kamala Harris believes in, I have the support of the entire Senate leadership.”Following the pandemic, an emergency paid leave scheme was introduced last year as part of the Cares Act. Biden has since pledged to expand and extend it as part of the $1.9tn Covid-19 relief package that is making its way through Congress.Gillibrand said it was a good “first step”, but next they want to see paid leave become permanent. When asked about a timeline for getting it passed, the senator said: “We want to get the pandemic paid leave in this next Covid bill and then we want to get the permanent paid leave in whatever the next budget funding spending bill that exists.”She said they are “open to every legislative avenue”, adding: “We are ready and waiting to work collaboratively with all our colleagues.”DeLauro said they met with Biden, Harris and White House staff on Friday morning and talked about how they would get the bill passed.“We’re going to work it out so that it happens and we’ve got the support of the administration on making sure we can get it across that finishing line,” she added.Gillibrand said being able to address Biden and Harris directly is “exactly what is making this moment ripe for success”.They said the pandemic – and the emergency leave – has helped the issue gain traction as more members of Congress, across the political spectrum, realise how critically it is needed.Gillibrand said: “Getting it in the Covid relief bill, even in a pandemic form, is extremely valuable because it lays the groundwork for a permanent paid leave.”DeLauro added: “If there’s anything that this pandemic has done is to shine a light on the inequities that are out there, making paid family leave more important than ever …“Several years ago this was at the fringe, it was not discussed. Today, paid family and medical leave is at the centre of the discourse with every opportunity to see it become a reality.”Joycelyn Tate, senior policy adviser at Black Women’s Roundtable, said paid leave is a critical issue for many Black women.“Many Black women are working in these frontline jobs like home healthcare aids, grocery store workers, janitorial service workers and delivery drivers and they do not earn a single day of paid leave,” she said. “Now this forces Black women to make the agonising choice between our health and the health of our families, or our economic security if we or our family members get sick.”Debra Ness, president of the NPWF, said “the time is now” to take action.“The time is now to pass an inclusive paid family and medical leave policy so workers no longer have to make the impossible choice between caring for themselves or a loved one and their financial security.” More

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    Donald Trump will refuse to testify at Senate impeachment trial, lawyers say

    Donald Trump’s legal team has said the former president will not voluntarily testify under oath at his impeachment trial in the Senate next week, where he faces the charge from House Democrats that he incited the deadly insurrection at the US Capitol on 6 January.
    The lead House impeachment manager, Jamie Raskin, a Democrat, wrote to Trump asking him to testify under oath before or during the trial, challenging the former president to explain why he and his lawyers have disputed key factual allegations at the center of their charge that he incited a violent mob to storm the Capitol.
    “You denied many factual allegations set forth in the article of impeachment. You have thus attempted to put critical facts at issue,” Raskin wrote in a letter made public on Thursday.
    He went on to say that if Trump refused to do so, an adverse inference would be made from his reluctance.
    Hours after the letter was released, the Trump adviser Jason Miller said that the former president “will not testify” in what he described as an “unconstitutional proceeding”. Trump’s lawyers dismissed the request as a “public relations stunt”.
    The request from House impeachment managers does not require Trump to appear – though the Senate could later force a subpoena – but it does warn that any refusal to testify could be used at trial to support arguments for a conviction. Even if Trump does not testify, the request nonetheless makes clear Democrats’ determination to present an aggressive case against him even though he has left the White House.
    The Senate impeachment trial starts on 9 February. Trump is charged with inciting an insurrection on 6 January, when a mob of his supporters broke into the Capitol to interrupt the electoral vote count. Democrats have said a trial is necessary to provide a final measure of accountability for the attack. If he is convicted, the Senate could hold a second vote to disqualify him from seeking office again.
    In the letter, Raskin asked that Trump provide testimony about his conduct “either before or during the Senate impeachment trial”, and under cross-examination, as early as Monday, 8 February, and not later than Thursday, 11 February.
    The request from Raskin cites the words of Trump’s own attorneys, who in a legal brief earlier this week not only denied that Trump had incited the riot, but also asserted that he had “performed admirably in his role as president, at all times doing what he thought was in the best interests of the American people”.
    With that argument, Raskin said, Trump had questioned critical facts in the case “notwithstanding the clear and overwhelming evidence of your constitutional offense”. He said Trump should be able to testify now that he is no longer president.
    Raskin said if Trump refuses to appear, the managers will use his refusal against him in the trial – a similar argument put forth by House Democrats in last year’s impeachment trial, when many Trump officials ignored subpoenas. Trump was eventually acquitted of the Democratic charges that he abused his presidential powers by pressuring the Ukrainian government to investigate Joe Biden, now the president.
    The impeachment managers do not have the authority to subpoena witnesses now since the House has already voted to impeach him. The Senate could vote to subpoena Trump, or any other witnesses, on a simple majority vote during the trial. But it is unclear if the Senate would be willing to do so.
    Shortly after Raskin’s letter was made public, Senator Richard Blumenthal, a Connecticut Democrat, said he would listen to the House managers’ arguments if they felt a subpoena was necessary. But he said that “the more I see what’s already in the public record, the more powerful the case” against Trump, based on his own words and actions.
    Trump’s statements before and after the attack on the Capitol “are the most powerful evidence”, Blumenthal said. “His own words incriminate him. They show his guilty intent.”
    The South Carolina senator Lindsey Graham, one of Trump’s closest GOP allies, said he thought the letter was a “political ploy” and noted that Democrats did not invite or subpoena him to testify before the House, which voted to impeach Trump on 13 January.
    Asked if he thought Trump would testify, Graham said it would be a “bad idea”.
    “I don’t think that would be in anybody’s interest,” he said.
    Associated Press contributed to this report More

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    Democrats press ahead with move to discipline extremist congresswoman

    Democrats in the US House of Representatives moved forward on Thursday with ousting the extremist congresswoman Marjorie Taylor Greene of Georgia from the committees she was assigned to, over incendiary statements she made before entering Congress.
    The move is the latest development in Congress members’ attempts to deal with Greene, who has been a stated supporter of the QAnon myth, for years pushing such unfounded conspiracy theories and lies that included racist and antisemitic tropes.
    A vote on Greene’s committee seats was due to take place on Thursday. Democrats, who have the majority in the House, could strip her of her positions without Republican votes.
    A day earlier, the House minority leader, Kevin McCarthy, the top congressional Republican, declined to take action against Greene, despite wider pressure from members of Congress to push some kind of punitive measure for uncovered past statements and social media posts.
    These included supporting the assassination of Democratic members of Congress, denying that the September 11 terrorist attacks on the US ever happened, and perpetuating the myth that the Parkland, Florida, school shooting in 2018 was faked.
    In a private meeting with her colleagues on Wednesday night, Greene received a standing ovation for apologizing for her association with QAnon.
    Democrats nevertheless took steps to remove the Georgia congresswoman from her positions on the House budget and education and labor committees, respectively.
    Greene addressed her past statements under the threat of losing a significant proportion of her legislative power. She stressed that she now believed “school shootings are absolutely real”, that they should be taken seriously, and that “9/11 absolutely happened”.
    She portrayed her descent into conspiracy theories as a misguided period in her life that was over when she realized the falseness of the movement.
    “I never once during my entire campaign said QAnon. I never once said any of the things that I am being accused of today during my campaign,” Greene said. Up until her Thursday speech, Greene did not deny any of her past statements and avoided having to publicly address them directly.
    In December, after she was elected, Greene praised a tweet promoting the QAnon movement.
    Democrats have been pushing for Greene to either be expelled from Congress or severely punished if she should stay. Mitch McConnell of Kentucky, the Republican minority leader, has called Greene’s past comments “looney lies”.
    In arguing that Greene should lose her assignments, Democrats pointed to the now former congressman Steve King of Iowa, a Republican, who lost his committee assignments after associating with neo-Nazis and making racist statements for years.
    On Thursday, the House rules committee chairman, Jim McGovern, a Democrat, argued that Greene was not entitled to her committee postings.
    “Serving on a committee is not a right, it is a privilege and when someone encourages violence against a member they should lose that privilege,” McGovern said.
    After Greene’s speech, McGovern signaled that it was insufficient.
    “I stand here today still deeply, deeply troubled and offended by the things that she has posted and said and still not apologized for,” McGovern said.
    Republicans largely refrained from defending Greene’s previous comments directly and instead argued that taking away her committee appointments would establish a slippery slope.
    Congressman Austin Scott of Georgia, a Republican, skeptically asked during a floor speech whether Democrats would stop with Greene if successful.
    “We know better. We know better,” Scott said of his Republican colleagues.
    Tom Cole of Oklahoma, McGovern’s Republican counterpart on the rules committee, argued that taking away Greene’s committees “opens up troubling questions about how we judge future members of Congress”. More

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    'I shouldn’t have to justify how I exist': Democrat Mauree Turner on being boxed in by identity

    When 27-year-old Mauree Turner sat down at Holy Rollers, the queer-owned vegan Donut Shop in Oklahoma City in July 2020, it was under strange circumstances. First, Turner, who uses non-binary pronouns, had just won Oklahoma’s 88th district by a mere 228 votes. Second, sitting opposite, was the man they had just beaten.Before being elected to office, Turner spent their days doing the behind-the-scenes gruntwork of community organizing as a regional field director with the ACLU: planning workshops, leading trainings on college campuses, coordinating with dozens of volunteers.Jason Dunnington, on the other hand, was a three-term Democratic incumbent in a Republican-led state legislature whose progressive policy proposals struggled in Oklahoma’s Republican-led House. His readiness to compromise with Republicans made many view him as a moderate.“I wanted to sit down and just kind of talk about everything that had happened,” Turner tells me. “But I also wanted to know what I was getting into.”The two are a microcosm of a growing national trend. Left-leaning Democrats with strong community connections are increasingly defeating moderate incumbents with targeted, progressive policy ideas and transparent grassroots campaigns. But in an election year rife with ideological and strategic clashes between Democrats, two political opponents chatting over coffee feels like an outlier.I would have absolutely loved it if I could have been elected and brought in to do this work the same as any white manTurner is diplomatic when speaking of Dunnington, who was kind enough to give detailed handover notes to help their transition. He also offered to endorse Turner after his own defeat – despite efforts from the Republican candidate, Kelly Barlean, to bag his endorsement. But ultimately, Turner believes his loss was the result of marginalized voters wanting more than rhetorical allyship.“When you’re an ally and you do not have that shared lived experience, you are willing to continuously [compromise] the most vulnerable people for whatever piece of legislation gets passed at the end of the day. And I think a lot of people saw that. A lot of people feel it,” Turner says.It is a bit of a surprise that Turner, the first Muslim and non-binary person to to be elected to the state legislature in Oklahoma, even sat down for this interview.Following their win in November, Turner went from doing interviews every other day, to stopping almost completely, because of a media relationship that was too often intrusive and reductive.“People ask you to put yourself in this box continuously. ‘Are you genderqueer or are you non-binary or are you fluid?’ And I’m just like, why? I just got to exist before all of this,” explains Turner, with a half-smirk, when we talk in December.Our interview is by Zoom, but Turner is sitting in their newly christened office surrounded by – well, not much. The bookshelf is completely empty, the walls are blank – the most decorative things visible are the official government seal stitched into Turner’s black leather wingback chair, and Turner’s own deep rose-colored hijab, which they adjust from time to time, absent-mindedly.“People have asked me to justify what it means to be Muslim and queer. I shouldn’t have to justify how I exist. That was really jarring for me – having to sit through a series of interviews where people ask you those probing and prodding questions continuously,” Turner adds.The experience left a lasting impression. At one point, Turner was so physically exhausted from interviews, they thought they had Covid-19. “I would have absolutely loved it if I could have been elected and brought in to do this work the same as any white man.” jokes Turner. “I just want to come in [and say] these are my skills, I want to do this work, and then want to move on.”Turner – who hired laid off and furloughed people in Oklahoma for their campaign, and sent out handwritten postcards to residents – notes that most headlines about their win described them as “first Muslim” or “first non-binary”. Turner accepts and celebrates that the win is historic but finds it frustrating that a fraction of the coverage explored the range of issues they ran and won on.Still, Turner recognizes its power. Reminiscent of the Obama “hair like mine” moment, two eight-year-old Black girls who received Turner’s campaign flyer by mail got in contact asking for new fliers because Turner “looked like them”.Turner obliged, delivering the flyers personally. “It is important for people to be able to see themselves in policy,” Turner explains. Luckily, they had more than enough flyers.“Black families – you do one thing and it’s in the newspaper and they’re like, ‘give me 20 copies!’ So of course, I have all the runoffs at my house” says Turner smiling widely, chuckling at the idea of mailing campaign flyers as gifts for relatives over the holiday season.Growing up in Oklahoma, Turner was a self-described “latchkey kid”. The town they grew up in was small, almost entirely walkable, the kind of place where “everybody knows everybody – [and] everybody’s business”. Their mother worked two or three jobs at time, but there was always a sibling or a neighbor to keep an eye on things.“We knew all of our neighbors. My mom, when she was home, was outside talking to the neighbors. And that’s something you don’t see too much any more,” Turner recalls.They eventually left home to study veterinary medicine at Oklahoma State University, a passion that grew out of spending time around pets and farm animals when they were younger – Turner’s grandfather was “an old school cowboy”.Their time at Oklahoma state inadvertently served as Turner’s most formative years as a young organizer and activist, altering their career path. After graduating, Turner continued and expanded their activism working for the ACLU allowing Turner to immerse themself in some of the state’s most significant social justice issues. Now, Turner will have the chance to prioritize those same issues for Oklahoma’s most vulnerable families.If Oklahoma were its own country, its incarceration rate would be higher than every other nation in the world, including El Salvador, Iran and Saudi Arabia. Oklahoma City’s police department ranks second for police killings in the United States per capita according to most recent data from the Mapping Police Violence database.People have asked me to justify what it means to be Muslim and queer. I shouldn’t have to justify how I existTurner, whose own father was incarcerated throughout their childhood, has major plans for the criminal justice reform in the legislature.Despite consistently looking for employment since being released from prison more than a decade ago, Turner’s father wasn’t able to secure stable employment until about two years ago.“Oklahoma does this really bang-up job of keeping people incarcerated long after they leave prison,” says Turner. “We make it so hard for people to actually reintegrate, whether that’s being able to understand when you can register to vote again or whether that’s banning the box so people can find a job to be able to pay for their families and to be able to pay for themselves.”That’s why Turner’s vision for criminal justice legislation involves improving the lives of people post-incarceration, addressing things like employment support and training, alleviating the economic burden of parole and probation, and improving reentry programs.“There are some barriers to re-entry programs around Oklahoma – and it’s like, if I was at the place that I needed to be to get into a re-entry program, I wouldn’t need a re-entry program,” they say, exasperated, adding. “We know drugs are in our prisons and jails and you’re telling me that I need to be completely sober to enter into this re-entry program?”Turner’s mother’s experience is also a touchstone for their policy. As a child, Turner’s mother worked an administrative job during the day, a warehouse job overnight, and a part-time job at a beauty supply store on the weekends. She made breakfast for Turner and their siblings before school on the morning she had time. After school, Turner saw her for a brief period before she left for her overnight job. And still she struggled to make ends meet.“Working yourself into an early grave just to scrape by? That’s not the Oklahoma I want to create, that’s not what I want my nieces or my nephews to grow up in,” Turner explains.But it is still the reality for Turner’s mother, who currently works two jobs. Turner supports a living wage of at least $15 an hour. They concede that the state’s Republican-led legislature might limit the wage increase to 10 or 12 dollars, but Turner is unperturbed:“That was one of my motivations for running; we need more community organizers in office,” Turner recalls. “We need the folks who are continuously filling the gaps that our government leaves [to run for office] for us to be able to be in the position to change it with policy.” More

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    Why Republicans won’t agree to Biden’s big plans and why he should ignore them | Robert Reich

    If there were ever a time for bold government, it is now. Covid, joblessness, poverty, raging inequality and our last chance to preserve the planet are together creating an existential inflection point.Fortunately for America and the world, Donald Trump is gone, and Joe Biden has big plans for helping Americans survive Covid and then restructuring the economy, rebuilding the nation’s infrastructure and creating millions of green jobs.But Republicans in Congress don’t want to go along. Why not?Mitch McConnell and others say America can’t afford it. “We just passed a program with over $900bn in it,” groused Senator Mitt Romney, the most liberal of the bunch.Rubbish. We can’t afford not to. Fighting Covid will require far more money. People are hurting.Besides, with the economy in the doldrums it’s no time to worry about the national debt. The best way to reduce the debt as a share of the economy is to get the economy growing again.The real reason Republicans want to block Biden is they fear his plans will workRepairing ageing infrastructure and building a new energy-efficient one will make the economy grow even faster over the long term – further reducing the debt’s share.No one in their right mind should worry that public spending will “crowd out” private investment. If you hadn’t noticed, borrowing is especially cheap right now. Money is sloshing around the world, in search of borrowers.It’s hard to take Republican concerns about debt seriously when just four years ago they had zero qualms about enacting one of the largest tax cuts in history, largely for big corporations and the super-wealthy.If they really don’t want to add to the debt, there’s another alternative. They can support a tax on super-wealthy Americans.The total wealth of America’s 660 billionaires has grown by a staggering $1.1tn since the start of the pandemic, a 40% increase. They alone could finance almost all of Biden’s Covid relief package and still be as rich as they were before the pandemic. So why not a temporary emergency Covid wealth tax?The real reason Republicans want to block Biden is they fear his plans will work.It would be the Republican’s worst nightmare: all the anti-government claptrap they’ve been selling since Ronald Reagan will be revealed as nonsense.Government isn’t the problem and never was. Bad government is the problem, and Americans have just had four years of it. Biden’s success would put into sharp relief Trump and Republicans’ utter failures on Covid, jobs, poverty, inequality and climate change, and everything else.Biden and the Democrats would reap the political rewards in 2022 and beyond. Democrats might even capture the presidency and Congress for a generation. After FDR rescued America, the Republican party went dark for two decades.Trumpian Republicans in Congress have an even more diabolical motive for blocking Biden. They figure if Americans remain in perpetual crises and ever-deepening fear, they’ll lose faith in democracy itself.This would open the way for another strongman demagogue in 2024 – if not Trump, a Trump-impersonator like Ted Cruz, Josh Hawley or Donald Trump Jr.The worst-kept secret in Washington is Biden doesn’t really need RepublicansIf Biden is successful, Americans’ faith in democracy might begin to rebound – marking the end of the nation’s flirtation with fascism. If he helps build a new economy of green jobs with good wages, even Trump’s angry white working-class base might come around.The worst-kept secret in Washington is Biden doesn’t really need Republicans, anyway. With their razor-thin majorities in both houses of Congress, Democrats can enact Biden’s plans without a single Republican vote.The worry is Biden wants to demonstrate “bipartisan cooperation” and may try so hard to get some Republican votes that his plans get diluted to the point where Republicans get what they want: failure.Biden should forget bipartisanship. Mitch McConnell and Senate Republicans didn’t give a hoot about bipartisanship when they and Trump were in power.If Republicans try to stonewall Biden’s Covid relief plan, Biden and the Democrats should go it alone through a maneuver called “reconciliation”, allowing a simple majority to pass budget legislation.If Republicans try to block anything else, Biden should scrap the filibuster – which now requires 60 senators to end debate. The filibuster isn’t in the constitution. It’s anti-democratic, giving a minority of senators the power to block the majority. It was rarely used for most of the nation’s history.The filibuster can be ended by a simple majority vote, meaning Democrats have the power to scrap it. Biden will have to twist the arms of a few recalcitrant Democrats, but that’s what presidential leadership often requires.The multiple crises engulfing America are huge. The window of opportunity for addressing them is small. If ever there was a time for boldness, it is now. More

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    Explainer: what is the filibuster and why do some Democrats want to get rid of it?

    Sign up for the Guardian’s First Thing newsletterWhile the US Senate has temporarily averted a showdown over its so-called filibuster rule, the issue appears likely to resurface, as the wafer-thin Democratic majority endeavors to pass Joe Biden’s legislative agenda into law – and Republicans try to stop them. Here’s what you need to know:What is the filibuster? There is a movie version, in which an impassioned senator holds the floor by speaking at marathon length to block or force an issue – and a much more common version, lodged deep in the parliamentary weeds. The latter, less cinematic version, is the current focus.So what’s the gist?The filibuster is a way for a relatively small group of senators to block some action by the majority. The filibuster rule allows a minority of 41 senators (out of 100 total) to prevent a vote on most species of legislation.Whether you see that capability as an important safeguard against the tyranny of the majority, or a guarantee of institutional paralysis, likely corresponds with your party identity and who controls the Senate at the time.For progressives, what is the strongest argument in favor of keeping the filibuster?The legislative filibuster has been used by Democrats in recent years to block funding for Donald Trump’s border wall project, to protect unemployment benefits and to stop Republicans from restricting abortion access.Also, some Democrats fear that if there is no filibuster, Republicans will, next time they hold the Senate majority, pass horrifying laws, for example to restrict voting access, encourage environmental despoilment, reward Wall Street, curtail reproductive rights – who knows.Why are so many influential Democrats calling for an end to the filibuster?Democrats say Republicans have abused it serially, forcing their minority vision on the entire country with narrow-minded parliamentary tactics and blocking policies the people support, such as gun control.Abolishing the filibuster rule would theoretically allow Democrats to finally get some things done while they hold power: immigration reform, climate legislation, voter protections, racial justice legislation, and so on.Would ending the filibuster really work?Ending the filibuster in 2021 may not net Democrats the legislative victories they dream of. Because they hold only very slight majorities in both houses, Democrats would need to maintain a unified caucus to take advantage of a Senate sans filibuster. And that would mean only passing legislation that the most centrist senators agree with. So, it’s complicated.Should the Senate really get rid of the filibuster?There are risks, definitely, but many top Democrats have concluded that the time is nigh, because Senate Republicans led by Mitch McConnell have grown so relentlessly obstructionist that Democrats are powerless to enact policy even after they win elections. A study by the Center for American Progress found that Republicans have used the filibuster roughly twice as often as Democrats to prevent the other side from passing legislation.Basically, it’s down to the last straw. Democrats have put McConnell on notice that if Republicans continue trying to block everything that fairly elected Democrats would like to do, it’s bye-bye filibuster.“It’s going to depend on how obstreperous they become,” Biden told reporters last summer. “But I think you’re going to just have to take a look at it.”But couldn’t Republicans just block any effort to end the filibuster … with a filibuster?No. In a paradox best left alone, the power of the filibuster may be exorcised by a straight majority vote. Note that as of January 2021, the Democrats might not even be able to muster such a majority, despite controlling the Senate, with some centrists (and Bernie Sanders) wanting to keep the filibuster. So maybe Democrats would not be able abolish the filibuster even if they tried. For now. But that could change.Wouldn’t scrapping the filibuster violate hallowed history?On the contrary. The filibuster has a generally ignominious history, with some moments of glory. It’s not in the constitution and it emerged in its current form only through the exigencies of wartime a century ago. Since then, the filibuster has prominently been used to prop up racially discriminatory Jim Crow laws.Two of the most famous uses of the movie-version filibuster mentioned above were by the segregationist senator Strom Thurmond, who in 1957 held the Senate floor for more than 24 hours in an attempt to block civil rights legislation – and who mounted a sequel filibuster to sequel legislation in 1964.“For generations, the filibuster was used as a tool to block progress on racial justice,” Senator Elizabeth Warren, who is eager to bin the filibuster, told the National Action Network in 2019. “And in recent years, it’s been used by the far right as a tool to block progress on everything.”Who else hates the filibuster?In a separate address at the funeral of the civil rights leader representative John Lewis in 2020, Barack Obama laid the filibuster on the chopping block.“Once we pass the John Lewis Voting Rights Act, we should keep marching,” Obama said, referring to a bill to stop minority disenfranchisement. “And if all this takes eliminating the filibuster – another Jim Crow relic – in order to secure the God-given rights of every American, then that’s what we should do.”Which party pioneered filibuster abuse?The who-started-it argument about killing the filibuster revolves around federal judicial nominees and whether they could be filibustered.In brief, the Democrats were first to filibuster a federal judge nominee, in response to a loathed George W Bush pick who at the time was taken to be so uniquely unacceptable as to warrant unusual measures.Years later, McConnell adopted the strategy on steroids, blocking an army of Obama-nominated judges. In response, the Democrats in 2013 killed the filibuster for executive nominees below the level of supreme court justice.In 2017, to begin cramming the supreme court with what would turn out to be three Donald Trump justices, McConnell killed what was left of the judicial filibuster. Only the legislative filibuster remains, and it’s on life support.Will the gentleman yield his time?Thought you’d never ask. More

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    Biden promised bold action. Will his efforts to compromise get in the way?

    Sign up for the Guardian’s First Thing newsletterJoe Biden rose to power by promising bold action to confront the numerous crises facing the United States – namely the coronavirus pandemic, a struggling economy and the climate emergency. Over his first two weeks in office, the new president has signed a series of executive orders aimed at following through on those promises.Biden has already mandated mask-wearing on federal property and enacted stricter coronavirus testing requirements for those traveling into the United States. The president has also used the power of the executive pen to increase food stamp benefits and halt new oil and gas leases on public lands. Biden’s early actions have attracted praise from some of the most progressive members of the Democratic party, including the congresswoman Alexandria Ocasio-Cortez.But much of what Biden has promised, including a massive coronavirus relief package, cannot be done through executive action. Instead, Democrats will need to get their legislation through Congress, as the party clings to the slimmest of majorities in the House and the Senate.During his campaign, Biden promised to compromise with congressional Republicans in the spirit of bipartisan unity, but some of the president’s allies are already urging him to abandon that goal and instead advance his agenda by relying solely on Democratic support.Those Democrats argue that the Senate minority leader, Mitch McConnell, has already made clear he intends to obstruct Biden’s agenda, and thus the new president should not waste precious time by trying to win over Republicans in Congress.Three progressive groups – Justice Democrats, the Sunrise Movement and New Deal Strategies – released a memo earlier this month entitled What To Do When Republicans Block Biden, which advised the president against watering down his $1.9tn coronavirus relief bill to attract bipartisan support.“We hope 10 Senate Republicans will support it, but are not holding our breath,” the groups said. “Biden has chosen to reject austerity politics. We hope that he will continue to stick to that approach, and go big always.”Hours after Biden was sworn in, McConnell signaled he intended to maximize Republicans’ power in the evenly divided Senate, where the vice-president, Kamala Harris, can provide a tie-breaking vote for Democrats. “The people intentionally entrusted both political parties with significant power to shape our nation’s direction,” McConnell said in a floor speech. “May we work together to honor that trust.”The filibusterMuch of the debate over Democrats’ strategy in the Senate comes down to the filibuster, a legislative mechanism that effectively allows the chamber’s minority to block bills unless they have the support of 60 members. With the filibuster in place, bills must have a supermajority level of support to make it through the Senate.A number of liberal commentators have pushed for the elimination of the filibuster, noting that it was not created by the framers of the constitution. The modern-day Senate filibuster came into existence in the early 20th century, and it was later embraced by segregationists to prevent the passage of civil rights legislation.“When the founders conceived of the Senate, they did imagine for it to be different from the House. It’s not clear that they imagined for it to have a supermajority requirement,” said Molly Reynolds, a senior fellow in governance studies at the Brookings Institution. “If they wanted it to have a supermajority requirement, they could have put one into place.”While eliminating the filibuster was previously rejected out of hand by Democratic leadership, some of the most prominent members of the party have come to champion the idea. Speaking at the funeral of the civil rights icon John Lewis last July, Barack Obama emphasized the need to strengthen voting rights, saying, “And if all this takes eliminating the filibuster, another Jim Crow relic, in order to secure the God-given rights of every American, then that’s what we should do.”We have a roadmap as to how [McConnell] has operated in the past, which is to be a one-man blockadeBut the new president is not among those Democrats who have called for eliminating the Senate filibuster. Biden said of the filibuster last summer, “I think it’s going to depend on how obstreperous [Republicans] become, and if they become that way.” He added, “I have not supported the elimination of the filibuster because it has been used as often to protect rights I care about as the other way around, but you’re going to have to take a look at it.”Asked last week about Biden’s view on the filibuster, Jen Psaki, the White House press secretary, told reporters that the president’s position “has not changed”. Two moderate Democrats in the Senate, Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, have also signaled they do not support scrapping the filibuster.Some liberal strategists say Biden need not wait to see how McConnell will handle his presidency, given how the Republican leader oversaw the Senate when his party held the majority. After Democrats took control of the House in the 2018 elections, McConnell served as the self-proclaimed “Grim Reaper”, blocking any progressive legislation from being taken up in the Senate.“We have a roadmap as to how [McConnell] has operated in the past, which is to be a one-man blockade,” said Stephen Spaulding, a senior counsel at Common Cause, a liberal government reform group. “He will abuse the filibuster rule to demand supermajority votes on nearly every piece of the majority’s agenda. I think we can anticipate that.”With that in mind, some Democrats are pushing Biden and the Senate majority leader, Chuck Schumer, to cut to the chase and eliminate the filibuster now. Given that the president’s party usually loses House seats in the midterm elections, Democrats may have just two years to enact major progressive policies before they lose full control of Congress.However, such a strategy could alienate some of the centrist voters who helped Biden win in November, particularly given the president’s repeated calls for unity and bipartisanship.“I think that Joe Biden has to make the effort. He ran on the idea that he was a unifier, so he needs to make the overtures,” said the conservative commentator Tara Setmayer. “But don’t get hung up because we already know that Mitch McConnell is about to dust off the playbook from the beginning of the Obama years, and all they did was obstruct.”Democrats have discussed the possibility of using a budgetary mechanism called reconciliation to advance their agenda, specifically a coronavirus relief bill. If Democrats use reconciliation, they can pass the relief bill with just 51 votes in the Senate. However, reconciliation would require Democrats to work within a very narrow framework to craft the bill, and it is possible some of the bill’s provisions would be thrown out as a result.“It’s a circuitous way to doing legislative business,” Spaulding said. “If you’re doing this just to do it via majority, frankly you should be looking at the Senate rules and not trying to necessarily go through this laborious process if you don’t have to.”As Washington grows increasingly pessimistic about the odds of Congress reaching a bipartisan agreement on a coronavirus relief bill, the elimination of the Senate filibuster seems more and more likely. The legislative mechanism may become a necessary casualty to provide aid to Americans suffering through a once-in-a-century crisis.“I don’t think the American people are going to have patience for that level of obstruction like we saw during Obama’s term,” Setmayer said. “The country is in too desperate of a position for those types of political squabbles.” More