The Fulcrum: Voting rights advocates believe filibuster reform is possible

The Senate remains in session during the final days of 2021, but the agenda is limited to clearing some of President Biden’s nominees for federal office. That’s because two of the Democratic majority’s signature initiatives — the social spending bill known as Build Back Better and a pair of election reform bills — remain at the mercy of the filibuster.

While Biden, Sen. Joe Manchin and others may continue negotiations on the details of BBB, there isn’t much to discuss on the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act. Except, of course, whether there’s a way to break through the GOP-erected barriers.

With two moderate Democrats continuing to voice opposition to eliminating or changing the filibuster rules, there doesn’t appear to be an obvious path forward in the 50-50 Senate. But some proponents of the two voting rights bills believe West Virginia’s Manchin and Kyrsten Sinema of Arizona have left the door open to rules alterations. …

Stephen Spaulding, senior counsel for public policy and government affairs at Common Cause, echoed Effingham’s take.

“Conversations are really underway to find a way forward that restores the Senate as a place where senators come together, debate issues of the day and actually pass them, not bury them,” said Spaulding. “I think there is a desire — not just among Senate Democrats, among Republicans as well. The Senate is not working as well as it has in the past.”

Spaulding identified a number of previous efforts around altering the filibuster while preserving a significant portion of the rule, ideas that may be considered again. …

One idea, which Manchin has indicated he could support, would limit the types of votes on which a filibuster could be deployed. For example, filibusters are commonly used when the Senate votes on a “motion to proceed,” which brings a bill to the chamber floor for consideration. By banning filibusters on those votes, legislation would at least be ensured time for debate before senators can engage in a filibuster on the vote to pass the bill.

Another idea, and one that President Biden has supported, is restoring the “talking filibuster.” Under current rules, a senator can merely announce a filibuster without actually going through the painstaking work of talking a bill to death. (“Think “Mr. Smith Goes to Washington.”) Democratic Sen. Jeff Merkley of Oregon has proposed such a change to the rules in the past.

And a third option mentioned by Spaulding would be an agreement under which both parties are guaranteed the opportunity to introduce a certain number of amendments.

“It’s not ‘abolish the filibuster or nothing,’” he said. “It’s a matter of restoring the Senate.”