Why Biden and the Democrats Fail to Eliminate the Republican Filibuster

The ongoing debate around the filibuster in the United States Senate centers around a critical question: why has President Biden and the Democratic Party thus far failed to eliminate this controversial rule? The filibuster, a procedural device that allows for indefinite debate, is a rule of the Senate and can only be changed by a simple majority vote. As we delve into the reasons behind this decision, it becomes clear that a combination of political strategy, internal party dynamics, and the delicate balance of power plays a significant role.

Understanding the Filibuster

The filibuster is a complex mechanism embedded in the fabric of the U.S. Senate, designed to allow for extended debate and protect minority rights. Originally, for legislation to pass, a supermajority of 67 votes was required to end a filibuster, known as a cloture vote. This was later reduced to 60 votes in 1975, effectively lowering the threshold but still maintaining the concept of a supermajority. The rule can be changed only by a simple majority vote in the Senate.

Senatorial Obstacles

Any senator or the Vice President (VP) must initiate a rule change in the Senate. However, the Democratic Party's majority in the Senate is slim, and a single defection could sink any attempt to change the rules. Currently, several Democratic senators are resistant to ending the filibuster, notably Joe Manchin and Kyrsten Sinema. These senators often cite their cautious approach to contentious issues and their desire to maintain bipartisan support.

2024 Senate Races and Their Significance

Senate races in 2024 are projected to be highly competitive, with several key races that could determine the outcome of the Senate. Democrats, fearing a lack of majority and potential Republican gains, may be hesitant to eliminate the filibuster. For instance, if a single Democrat loses a critical race, it could swing the Senate back into Republican control, negating any potential benefits from eliminating the rule.

Partisan Dynamics and the Filibuster

It's important to note that both parties benefit from some form of the filibuster. The temporary majority party in the Senate can use the filibuster to protect minority rights and legislative processes. This is particularly evident during periods when one party is in the minority, as the filibuster serves as a check against the ruling party's agenda. The Republican Party, for instance, once heavily advocated for a simple majority vote for cloture but has since realized that maintaining the filibuster can be a strategic advantage.

The Role of the President

President Biden has no formal say in Senate rules. The President of the United States holds significant executive powers but has no constitutional authority to unilaterally change Senate rules. The President can, however, use political influence and rhetoric to push for or against such changes. Despite this, the President's efforts to change the rules may be constrained by the need to maintain coalition unity and avoid alienating critical Senate Democrats.

Protection of American Democracy

The filibuster is often defended as a safeguard against passing controversial legislation too hastily. Critics, however, argue that it can be used to protect unpopular policies and hinder legitimate reforms. The Democratic Party's approach to issues such as police reform in 2020 has been somewhat criticized, with some arguing that the filibuster played a role in failing to implement necessary changes. This strategy can sometimes backfire, particularly when it is perceived as acting against the interests of the American people.

To put it simply, the elimination of the filibuster could potentially lead to more representative governance, but it also risks being seen as an assault on minority rights and the very principles the filibuster is meant to uphold. The balance between protecting liberty and ensuring representative democracy is a complex one, and each party is jockeying for position to maintain the status quo or advance their agenda.