Editors’ Blog

Months after my father died unexpectedly in 2006 I had most of his belongings shipped to me in New York where I had them delivered to a storage unit several blocks from my home. Most of my father’s possessions, at least the ones that mattered most to me, were his archive of tens of thousands of photographs and his collection of cameras, the ones he used — SLRs, TLRs and various large format cameras — as well as a large collection of antique cameras. I went to check on everything shortly after it was delivered. There it was, in standard moving boxes, packed into a 5 by 10 foot space. I took a few albums of photos and left the rest there for 15 years.

Until last week.

Sen. Tim Kaine (D-VA) said it himself upon unveiling a new, bipartisan bill that would, at the very least, codify the right to an abortion into federal law: it’s the bare minimum.

“What the four of us were trying to do was put a statutory minimum in place that replicated what the law was a day before Dobbs,” Kaine said of the Reproductive Freedom For All Act, which he introduced with Sens. Susan Collins (R-ME), Lisa Murkowski (R-AK) and Kyrsten Sinema (D-AZ) this afternoon.

The language of the law is a bare bones compromise, seemingly aimed at putting something on the books that would prevent red states from outright banning access to abortion, which we’ve seen proposed and passed in several states across the nation since the Supreme Court overturned Roe in June. It could also help protect people living in states with old trigger laws on the books that are now going into effect post-Roe.

The modern GOP’s sheer level of political cynicism is simply remarkable. I noted this morning that in retaliation for Dems outwitting Mitch McConnell with their climate bill, House Republicans voted against the semiconductors bill most of them actually support. In the event, 24 House Republicans bucked their leadership and voted for the bill. All Democrats voted for the bill save for one who voted “present.” Now we hear from Susan Collins that Dems’ legislative coup now likely means Republicans won’t allow a vote on the bill to protect same sex marriage rights. “I just think the timing could not have been worse and it came totally out of the blue,” Collins HuffPost, explaining that it will now be much harder for her and other GOP moderates to secure GOP votes.

New congressional generic ballot poll: Suffolk, D-44%, R-40%. Meanwhile, the 538 average of these polls is now R+.02.

A new episode of The Josh Marshall Podcast is live! This week, Josh and Kate discuss new data points on the Dobbs leak and the shifting prognostications of the midterm elections.

You can listen to the new episode of The Josh Marshall Podcast here.

In case you didn’t notice I wanted to draw your attention to one thing. While Senator Schumer and the White House were trying to revive some skinny version of the BBB and climate legislation with Joe Manchin, Senator McConnell tried to scuttle those talks with a threat. He would pull GOP support from the China competition/CHIPs bill if the Democrats did not drop those negotiations. As it happened, Manchin scuttled the deal so the threat became moot. Then the CHIPs bill passed the Senate yesterday and then within like an hour — voila — the Manchin deal was back and somehow finalized. Senate Republicans were clearly pissed but the bill had already passed the Senate.

It certainly seems like Senate Democrats pulled a fast one on their Republican colleagues. As surprising as it may seem, it’s hard to see how Manchin wasn’t in on it at some level. House Republicans certainly seem to think so. They’ve now switched to whipping members to vote against the bill. Notwithstanding the fact that it actually has broad bipartisan support, as well as strong support from the semiconductor industry and the foreign policy and national security community. But the House isn’t the Senate. Democrats don’t need Republicans to break a filibuster. They probably don’t need Republicans at all. The question is whether enough House progressives will take the lead of Senator Bernie Sanders and vote against the bill as a giveaway to corporate America. But the administration seems to have members of the House Progressive Caucus broadly on board. Adding to the complexity and the fun, voting against the bill probably represents an electoral liability for Republicans in a number of key districts.

I guess he’ll have to come for the rest of us, too.

Donald Trump said today that he plans to sue CNN for defamation, claiming the network and digital news outlet has been defaming him since the 2016 election. And he takes specific and particular issue with use of the term “Big Lie,” a phrase which nearly every mainstream news outlet in America has used as short hand for his attempted coup since the 2020 election.

New Georgia Senate poll out this morning from The Atlanta Journal-Constitution: Warnock 46%, Walker 43%. This is in line with other recent polls which show a modest but consistent Warnock lead. Meanwhile, three new congressional generic polls have come out over the last 24 hours, two of which give the Democrats a six point advantage and one of which gives a 4 point margin. One of those 6 point margins is actually a Republican Party poll. Why they chose to release it I’m really not sure.

Various other midterm metrics continue to move slowly but perceptibly in Democrats’ direction. As we’ve discussed at various points over the last few weeks, the House especially is still very much an uphill battle for Democrats. But this trend makes me think Democrats holding the House in November is definitely possible and getting more likely. Not remotely a lost cause.

Senate Minority Leader Mitch McConnell (R-KY) told reporters today that he has no plans to weigh in on the bill to codify same-sex marriage into federal law until the measure is brought to the Senate floor.

“I’m not going to make an observation about that until the issue is actually brought up in the Senate,” he said.  

It’s a standard delay tactic that other Republicans have used in recent days as Democrats push to pass crucial privacy-related protections into law after the Supreme Court overturned Roe — and to get their Republican colleagues on the record about their stances on important and long-established American rights, like same-sex marriage and access to contraceptive care.

TPM Reader PT notes — and rightly so — that it’s actually remarkable that there are only four Democratic senators expressing any real level of resistance to changing the filibuster rules. That’s a massive sea change from as little as four or five years ago. As I’ve noted, I fully expect Warner and King to give way in short order if their constituents press them. Its really just the two odd men (people) out: Manchin and Sinema. Today and going forward it is impossible for a Democratic candidate to be elected to the Senate anywhere in the United States while supporting the filibuster. It’s anathema among Democrats. But in this post I wanted to step back from the immediate necessity and partisan advantages of ditching or scaling back the filibuster to note how important it is for the future of civic democracy in the United States for the filibuster to be abolished.

Filibuster defenders now usually argue some future advantage. Senator King says that what seems like an obstacle today will be needed as a shield in the future. Filibuster opponents correctly respond that it is folly to believe that the current Republican Party would hesitate for a moment to ditch the filibuster if it represented any meaningful obstacle to getting anything they wanted. They took the wildly unprecedented step of refusing to entertain a Supreme Court nomination for an entire year to steal the seat left vacant by Antonin Scalia. They ditched the filibuster for Supreme Court appointments as soon as they had the chance to pack the Court under Trump. Everything we know about the current GOP tells us it’s folly to believe they’d hesitate.