Members-Only Article
Senate Republicans using the filibuster to block the creation of a Jan 6th Commission is both despicable and entirely unsurprising. But the vote itself – which was 54 Yeas and 35 neas – compels us to note and consider a few points.
You’ll notice that 54+35=89. 11 senators didn’t even show up, a strikingly large number for such a consequential vote. Two were Democrats Patty Murray and Kyrsten Sinema – two decisions that require more than perfunctory explanations.
Many of the Republicans clearly didn’t have the courage to actually cast a vote. This illustrates one of the critical but too seldom discussed problems with the filibuster. The result would have been the same if the vote were 59 to 0. The minority has to do literally nothing. They don’t even have to show up. The burden is entirely on the supermajority. At the barest minimum the rule should be that the filibustering minority has to produce forty votes. That is both the minimum effort to require but also it is significantly self-limiting. Over time it’s hard to be prepared to produce 40 votes at short notice.
As so many have said, we make blocking legislative majorities too easy. Indeed, it couldn’t be easier. It requires literally nothing from the blocking minority.
In any case, it illustrates the thorough brokenness and disgraceful incentives built into contemporary anti-majoritarianism.
As I said above, this is entirely unsurprising. But unsurprising, to me. Probably unsurprising to you too. But what about Joe Manchin? He has based his entire public stance on the premise that he can find reasonable Republican senators to craft bipartisan compromise. At a minimum it is his premise that we must try to find them.
This vote is as good a proof as you will find that they do not exist. Indeed, Manchin himself has been hard pressed to deny the point. He first publicly begged his Republican counterparts to do the right thing and support the legislation. As it was going down to defeat he told reporters: “I’m very disappointed, very frustrated that politics has trumped – literally and figuratively – the good of the country.”
Well, Joe, what is it going to be?
We had a violent mob of supporters of the defeated President storm the seat of government with the intent to keep the President in power by force. This was a literal insurrection with the object of overthrowing the legitimate government of the United States. Democrats agreed to a Commission in which commissioners appointed to House and Senate Republican leaders would have a veto over any investigative actions by the Commission. Given Republicans consistent refusal to reckon with what happened on January 6th that decision is more than could be reasonably asked. But still it wasn’t enough.
There is no legitimate ideological or policy opposition to such an investigation. Democrats agreed to protections that should satisfy even the most ignoble desire for political cover. But none of it was enough. Manchin’s own words today indict the demands he continues to make on the fellow members of his caucus and a President of his own party.
My pressing this point doesn’t matter. But Manchin’s and President Biden himself need to press him on this unavoidable conclusion right now.
