Memo to mainstream journalists: Stop treating Mitch McConnell as an institutionalist. No one has blown up more norms. Stop taking everything he says at face value. Do you really think if he employed obstructionist tactics to blow things up that the majority would be helpless?
Use unanimous consent to bring the Senate to a complete halt? The majority can bring back a motion on the previous question to override, or use other rules changes to obviate. Delay every confirmation? Majority can find many ways to expedite. 2
Go to DEFCON 1? Majority can schedule votes and sessions with scant notice, can schedule votes when majority of Rs are going to be back home, telling Ds in advance to organize their schedules. In other words, McConnell's threats are idle. 3
So why did Mitch not change the filibuster for legislation when Trump and Rs had control for 2 years? He had only these priorities: confirm Supreme Court justices-- he blew up that rule, along with the blue slip--get a huge tax cut, try to repeal Obamacare. 4
He could accomplish those in reconciliation. So no need to eliminate 60 threshold for legislation. But you can be sure that if he had other top priorities he could only accomplish be shredding Rule XXII, he would have done it in a nanosecond. 5

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More from @NormOrnstein

25 Feb
Lee Hamilton and Tom Kean, two estimable public servants who co-chaired the 9/11 Commission, oppose a January 6 Commission that lacks an even number of Ds and Rs, which was the case with their commission. They have a sentimental attachment to a time long past. 1/
Lee and the other Ds on the 9/11 panel--Ben Veniste, Gorelick, Kerry, Roemer-- had every partisan reason to blame it all on Bush and Rs. But of course they did not. They were patriots first, as were the Rs, Fielding, Gorton, Lehman, Thompson, saw their role as protecting America.
The co-chairs made sure the panel, and its staff, followed that road. Now think about an evenly divided panel w Rs selected by McCarthy and McConnell. Half, at least would be those who voted right after the insurrection that the election was rigged. 3
Read 5 tweets
20 Jan
Note to mainstream media journalists, editors producers, headline writers, Twitter writers: DO NOT REVERT BACK TO BUSINESS AS USUAL! Do not make a Peleton bike, a tan suit, a slight misstatement the same headline or emphasis as inciting racist violence or lying to Congress.
Do not fall back on false equivalence-- including equating Elizabeth Warren and @AOC with Ted Cruz, Lauren Boebert or Louis Gohment. Report facts when there is norm-breaking or obstruction by Congress. Do not think that there are no lessons to be learned from the past decade.
Do not give added voice and legitimacy to those who lie to you and the public, or sinecures to Trumpist sycophants. Do not do more panels with a right-wing commentator and two journalists striving to be objective.
Read 5 tweets
10 Jan
. @brianstelter You need to have a sharp focus on the culpability over the past many years of the mainstream media. @paulkrugman, @jayrosen Tom Mann & I were among many who warned years ago of the transformation of the GOP from a regular political party into an insurgent outlier
A handful of good journalists like @JohnJHarwood @jackiekcalmes @JillDLawrence and others reported it honestly, but way too many did not. Abnormal behavior was normalized long before Donald Trump emerged. Malign behavior was sidetracked by framing it as strategy. 2
The both sides and false equivalence frame, brilliantly described by @JamesFallows was the norm in journalism. The fear of being labeled as biased towards liberals was exploited by the right. The norm of reporting both sides ignored the more important norm of reporting the truth.
Read 9 tweets
6 Jan
I want to be realistic here. The opening for Democrats is not likely at all to be by altering the filibuster rule, although adamant Republican obstruction could change that calculus later this year. The opening is reconciliation. 1
That can be used for tax reform, health reform, infrastructure, Covid relief and economic stimulus, elimination of the debt ceiling as a weapon, maybe a change in the Byrd Rule and other reconciliation rules to allow less jiggering of numbers and more non-budget stuff 2
But other goals, like major democracy reform and adding states like DC and Puerto Rico, will be a heavier lift. Even so, I would bring up HR 1 and the John Lewis Voting Rights Act and force Rs to filibuster. 3
Read 4 tweets
30 Oct 20
A thought exercise for constitutional scholars: the logic of Kavanaugh et al is that the Constitution gives state legislatures supreme authority to choose electors; that state courts cannot check the legislatures over state constitutional violations. Correct? 1
If we follow that logic, there are two conclusions I draw. First, if federal courts use it to invalidate ballots received, say, after election day when state courts have said they are OK, that should only apply to presidential votes, not votes for Congress or other offices. 2
The Constitution does not give state legislatures supreme authority over any other choices in elections than electors. Second, the logic, if followed, means the Supreme Court has no authority to override decisions on elections and voting in all federal elections by Congress. 3
Read 4 tweets
14 Oct 20
How to respond to the journalists who keep asking Biden and Harris about court packing: “How dare you ask me that question when court packing is going on right before your very eyes by McConnell, Graham and their henchmen. The most egregious breach of norms in modern times!
“Mitch McConnell & Senate Republicans packed district courts, appeals courts and the Supreme Court by denying Barack Obama the nominees he was entitled to, through filibusters and misuse of the blue slip in an unprecedented fashion. You should be asking them about this outrage.
“ What they are doing is real. What you were asking me is hypothetical. Wait and see what happens with Barrett’s confirmation. No one can see with the appropriate response would be if her confirmation is jammed through on a 50-50 vote days before or even after the election.
Read 4 tweets

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