Members-Only Article
From the moment Justice Alito’s draft decision leaked in early May (and really much earlier) it’s been clear that the only path to restoring Roe‘s protections was to elect two more senators to pass a Roe bill and change the filibuster rules to allow an up or down vote. The current leadership on the Hill simply doesn’t grasp the necessity of firm pledges from all 48 Democratic senators besides Manchin and Sinema. 48 pledges are there. But as we’ve discussed a few will require some real pressure. That’s why getting all the other pledges banked is so key. Then you can narrow the pressure down on any hold outs.
From the outset I’ve figured that high on the list of potential foot-draggers are Sens. Feinstein, Casey and King.
Today I want to talk about Sen. Feinstein, because we’ve got some new information on that front.
Usually when you ring up your senator and get told some vague stuff about abortion rights, it’s simply that the staffer hasn’t gotten any clear guidance on the issue. The senator supports codifying Roe, yes. Filibuster? Not sure. That doesn’t mean they’re against changing the rules. They just haven’t told their staffers what to say. That’s a big enough problem in itself. And it requires calling and calling and calling. Because as the centerpiece issue in the election it should be front and center.
But when TPM Reader RM called Sen. Feinstein’s office to get a clearer explanation on the filibuster she got something more specific.
Here’s part of RM’s report …
So I called her office where an aide confirmed her support for that legislation but said that she had only committed to discuss filibuster reform. Her aide noted that currently it probably was not possible to pass filibuster reform. I countered that it might be possible after the next election. The aide repeated that Sen Feinstein could consider filibuster reform. I expressed my disappointment as a constituent at Sen. Feinstein’s lack of commitment and noted that her support for legislative reform without addressing the filibuster probably made her support for abortion rights meaningless. That’s where we ended it.
This seems like a more specific position. Or rather a more affirmative step to try to be on both sides of the issue. She might “consider” it. But really … what else is there to consider? We know all the relevant issues. Either the Democrats will lose their majority in which case the whole question is moot or I guess maybe they’ll win a 60-seat majority in which case it won’t be necessary? I mean, come the F on. If you don’t support giving the bill an up or down vote absent the filibuster, then your support for codifying Roe is, as RM put it, meaningless.
Lots of senators have committed to “Roe and Reform” since we last discussed this. More on that soon. Someone really needs to get specific pledges about January 2023. But the general commitments are a start. Sen. Feinstein, though, looks to be one of a small handful of senators who will need pressure. Casey and King may be too. But I should note that in their cases I’m mostly going on their prior history. King for instance was one of the last holdouts when it came to making a filibuster exception for voting rights. Casey historically straddled pro- and anti-abortion rights positions. But he did vote for the Roe law last month. So that is pretty clear on the core issue.
It’s ironic or farcical that Dianne Feinstein, who represents one of the most Democratic states in the country and has put reproductive rights at the center of her campaigns, is one of the last holdouts. But here we are. With focused persuasion and pressure she’ll definitely give way.
