Republicans just proved it: If the filibuster doesn’t end, we cannot restore our democracy

The founding fathers, chafing under the malign thumb of Britain's monarchy, most definitely envisioned the potential for a Donald Trump. Alexander Hamilton pretty much nailed Trump in 1792: "When a man unprincipled in private life[,] desperate in his fortune, bold in his temper … despotic in his ordinary demeanour—known to have scoffed in private at the principles of liberty—when such a man is seen to mount the hobby horse of popularity—to join in the cry of danger to liberty—to take every opportunity of embarrassing the General Government & bringing it under suspicion—to flatter and fall in with all the non sense of the zealots of the day—It may justly be suspected that his object is to throw things into confusion that he may 'ride the storm and direct the whirlwind.'"

Thus we have the tool of impeachment and the checks and balances of a legislative, executive, and judicial system. What the founders apparently didn't account for in their careful crafting of the three branches was a Mitch McConnell, a lawmaker so unprincipled that he would enter into a bargain with Trump to enhance his personal power at the expense of the whole Senate, and use that power to subvert the third branch—the judiciary. The reasonable "cooling saucer" of the Senate created to counterbalance the rabble in the House of Representatives wasn't supposed to become a tool of the corrupt, but here we are—and not for the first time. There's a throughline in all of American history for the fight against majority rule democracy: white supremacy. Every sustained backlash against progress has come from privileged whites. We saw its violent and very public resurgence in Trumpism, a storm Republicans have been happy to ride. There are myriad reforms the country has to undertake to beat that back down again, but it has to start now and in the Senate, with the filibuster.

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The vehicle for that is singular: H.R.1, the For the People Act of 2021, and its companion in the Senate, S.1. The House bill, first passed in 2019 and subsequently ignored by McConnell, would enact substantial and groundbreaking electoral reforms. It would remove existing barriers to voting, secure the elections processes to secure the integrity of the vote, expand public financing to fight the pernicious entrenched and monied interests, and ban congressional gerrymandering to ensure equal and fair representation in the House of Representatives. It would also start to chip away at the imbalance of representation in the Senate—where states like Wyoming have a fraction of the population of the nation's largest cities—by granting statehood to the District of Columbia.

That bill is not going to pass the Senate if the filibuster holds, nor is any of President Joe Biden's agenda. Senate Republicans made that abundantly clear from Biden's first day in office, and even before. When the Senate flipped into Democratic hands on Jan. 5 with the runoff results in Georgia, McConnell started in, refusing to bring the Senate out of recess until Jan. 19. (That also built in his excuse for not voting to convict Donald Trump in his impeachment—he could say then, duplicitously, that a former president couldn't be convicted.) McConnell then spent three weeks refusing to allow Biden to form a complete Cabinet by blocking an organizing resolution for the Senate, the necessary piece of business for all of the committees assignments be made and the committees to start serious business, like considering legislation referred to them and processing Biden's nominees.

McConnell—with the tacit support of 49 Republican senators—insisted that this was all in the name of "unity," just like Biden wanted. His stance was that Democrats had to prove that they wanted unity by capitulating to his demand that they promise not to get rid of the filibuster and let him continue to block Biden's agenda and his nominees. To Schumer's credit, he didn't get that. To Joe Manchin's and Kyrsten Sinema's discredit, they agreed with McConnell. Sinema, in fact, has continued to do so.

Sinema is insisting that she'll oppose a minimum wage increase in the $1.9 trillion COVID-19 relief bill that Democrats are pushing through using budget reconciliation, a limited tool that isn't subject to the 60-vote majority rule and thus can't be filibustered. More than that, Sinema says: "I want to restore the 60-vote threshold for all elements of the Senate's work." That would mean handing a veto of every Biden nominee—including potentially to the Supreme Court—to McConnell.

Sinema is undoubtedly trying to hedge her bets just in case Republicans retake the Senate in 2022, trying to worm her way into their good graces. As if McConnell and team would reward a Democrat for anything. As if it wasn't a betrayal of her own constituents, who support a minimum wage increase. As if it wasn't a betrayal of the LBGTQ community in which Sinema claims membership. She's expressed her willingness to help Republicans filibuster the Equality Act, which bans discrimination based on sex, sexual orientation, and gender identity. She's saying that she'll reimpose the 60-vote threshold to block Biden's pro-equality judges after Trump appointed so many anti-equality judges, needing just 51 votes.

She somehow believes that this can be put in the hands of Senate Republicans, only seven of whom voted to convict the guy who incited and directed an insurrection against them, a mob that was primed quite literally for their blood—and very nearly got it.  So, sure, these will be the people who will provide the 10 votes necessary to help Biden save the nation from COVID-19, provide health care to everyone in the aftermath of this pandemic, and finally enact comprehensive immigration reform to help border states like Arizona.

Which takes us back to the For the People Act. The events of Jan. 6 and the Senate Republicans' acquittal of Trump underline just how critical it is that Democrats respond forcefully and quickly to stamp down the radicalized Republican Party, to end its ability to maintain outsized power while representing the minority of the nation's population. It means, particularly for the likes of Manchin and Sinema, realizing that the Republicans they pal around with everyday are not their friends. That they would perhaps lament their deaths at the hands of a violent mob, but aren't going to act to prevent it from happening. It means ending the filibuster.

The For the People Act is the vehicle to use to do just that, because it would level the playing field for Democrats. More than that, it would allow for actual majority rule—for the majority of voters to have their will enacted. To have universal accessible and affordable health care. To have an economic system that's not weighted against them. To not have their families living in fear of separation. To have a government taking on the changes in the climate that threaten to make living in their home regions impossible.

None of that happens without a profound change in our electoral system, and H.R.1/S.1 would start that process. It's also where to dare Sinema and Manchin to thwart the will of the majorities who elected them, to dare them to stand with the white supremacist Republican Party that is fighting to keep whole communities of color disenfranchised.

Federalist Society quiet on bigwig member who spoke at insurrection, told Pence to overturn election

More than 200 judges have been embedded in the federal judiciary by outgoing Senate Majority Leader Mitch McConnell and Donald Trump. The huge majority of those judges come from the Federalist Society, the right-wing dark money association that has been working for years to erode civil rights, end abortion, oppose LGBTQ equality, stop gun safety laws, and fight regulations protecting the environment, health care, and worker safety—aka everything achieved in roughly half a century of progress. They are responsible for the current makeup of the Supreme Court and most of the Republican Senate. And they also have at least partial responsibility for the insurrection that happened at the U.S. Capitol on Jan. 6.

John Eastman, until this week the chairman of the Federalist Society's Federalism & Separation of Powers practice group, spoke at the pre-insurrection rally. "Anybody that is not willing to stand up and [vote to overturn the election] does not deserve to be in the office!" Eastman told the crowd. Standing next to Rudy Giuliani at the rally, he broke into a smile when Rudy incited the crowd with "Let's have trial by combat!"

Those linked tweets are from Slate's Mark Joseph Stern, who highlighted Eastman's role in pushing Trump's various plots to overturn the election: "As the president's actual attorneys backed away from his coup, Eastman rushed in to fill the void, attempting to bolster the scheme with incoherent legal theories," Stern writes. "When Texas Attorney General Ken Paxton urged the Supreme Court to overturn the election by nullifying millions of votes, it was Eastman who intervened on Trump's behalf to endorse Paxton's suit."

Worse, Eastman was in the Oval Office on Jan. 5 telling Trump—and Vice President Mike Pence—that Pence could legally toss out the real, certified electoral votes and throw the election to Trump. Because of his participation in the coup attempt, he's been tossed from the Chapman University School of Law, where he was a law professor and onetime dean. He's officially "retired"—at age 60, in the middle of the school year. But sure, retired. Eastman has been a visiting scholar at the University of Colorado Boulder, where calls for his dismissal have so far resulted in cancellation of two courses he was going to teach this spring.

As of now, the Federalist Society has not thrown out Eastman. Never mind that his name has been floated as one of Trump's impeachment lawyers, which would be kind of awkward. In what can only be considered an effort to save face—and its ability to someday again be able to shape the federal judiciary—one of the group's co-founders is calling Trump "a danger to the nation" who must be convicted by the Senate.

But the Federalist Society, which has supplied 85% of Trump's judges, has made no comment on Eastman, who is an insurrectionist. That's a problem for the organization. It's a much larger problem for the nation. Expanding the courts to dilute the influence of these judges is going to have to be a high priority for President-elect Joe Biden and the Democratic Senate.

Trump cover-up achieved, Moscow Mitch returns Senate to acting as Trump’s conveyor belt for judges

This is some truly hilarious spin from Senate Republicans, pretending that they exist to do stuff for the nation post-impeachment. "Hopefully the better angels of people will begin to emerge, and we’ll see a willingness to focus on a common agenda. […] I think both sides have things they need to get done." That's Sen. John Thune, Moscow Mitch McConnell's No. 2, talking about all the bipartisan bills they're going to do now.

Of course that's not what is going to happen. "My preference I guess would be […] we start working on things that unite us," said Sen. Kevin Cramer, Republican of North Dakota. "Not just as Republicans, but as a Senate, as a Congress, as Americans." Yeah, that's not happening either. Here's what's happening: According to The Hill"McConnell tees up five Trump judges after impeachment trial wraps." One of those judicial nominees is Andrew Brasher, nominated to the Eleventh Circuit Court of Appeals, the federal appellate court for Alabama, Georgia, and Florida, where he would be the sixth Trump nominee on the 12-member court. Yes, Trump will have half of this bench. Brasher is 38 years old.

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Brasher is opposed by leading national, state, and local racial justice organizations. A coalition of 29 advocacy groups called for a halt to his nomination pending Trump’s impeachment, and remain opposed to him now. "In his short career as a lawyer," the Alliance for Justice says, "Brasher fought against voting rights, rights for women, communities of color, and the LGBTQ community and zealously worked to dismantle consumer, worker, and environmental protections."

Par for the course for Trump and McConnell, in other words. And of course he's a Federalist Society member. But his presence on this court would be particularly scary looking ahead to the 2020 election. Georgia will have two Senate races, and Florida is always a presidential battleground. Republicans will try every voter suppression tactic in the book in those states, and now there'll be a federal court overseeing those states that will rubber-stamp them. That's McConnell—he'll never stop cheating now. But he won't be able to overcome a nation united against him and a vote swarm to take back the Senate.