This piece is illustrative of our confused discussion over the "talking filibuster."

Under that system, the author writes, the majority "could win."

But how does the majority win? By getting a supermajority for cloture — the same way they can win today!

politico.com/news/magazine/…
I promise you, if the Senate can line up 71 votes, they can overcome today's filibusters! This was not a feature somehow unique to the "talking" system.

The supermajority threshold to advance legislation is what matters. Not the spectacle.
What "talking filibuster" proponents are really hoping for is that, by making the filibuster more "painful" to use, they will turn back the clock to when it was much more rarely used.

I think this is a total misunderstanding of current partisan dynamics.
The filibuster used to be primarily a factional weapon, wielded mainly by the South. But the modern filibuster is a partisan weapon, now wielded by the minority.

That genie is out of the bottle. There's no reason to expect Republicans to revert to 1960s behavior.
If Democrats force a rules change, the GOP will respond with maximal obstruction, as McConnell has said. If there's a way for them to block legislation, they will.

That's why the "talking filibuster" is a dead end so long as the 60-vote threshold remains. 60 is what matters.
Various possibilities have been suggested including "maybe make them talk but leave the 60 vote requirement in place."

I'm saying that people are too hung up on the "talking" part. "How many votes will it take to advance legislation" is what matters.

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More from @awprokop

22 Mar
This excellent @JessicaHuseman piece on whispered misgivings about parts of HR 1 from election administrators gets to the difference between legislation that is actually intended to pass and "message bills"

thedailybeast.com/how-this-votin… ImageImage
Because of the filibuster, a lot of what Congress does these days is "message bills." They're bills that everyone knows won't be signed into law. Their main purpose is instead to signal to voters or groups that the party is "with" them.
For legislation intended to pass much more time is usually spent on gaming out practicalities and consulting those who'd be affected. How would this play out in the real world?

But for a message bill there's no incentive to do such a thing. It'll never make it to the real world.
Read 4 tweets
17 Mar
Suggests that Manchin's version of a "talking filibuster" change would be inconsequential. 60-vote threshold is what matters.
Basically there are various ideas of what a "talking filibuster" rules change would look like.

But if at the end of the talking you still need 60 votes to advance legislation then Democrats still can't advance legislation.

Dunno exactly how it would be structured but Manchin doesn't seem to be inclined toward the "Trojan horse to let Dems slip stuff through with a majority" version of the talking filibuster.

He seems to be saying "make 'em talk but Ds still need 60."

Read 6 tweets
15 Mar
The GA election call most people think of is the Raffensperger call which broke (with accurate audio) 1/3. Capitol-storming was 1/6. The incorrectly-quoted (deservingly corrected) story was on 1/9 about a separate GA call. Didn't really shape narrative

The report on the Trump/Raffensperger call, with audio, was a bombshell and shaped the narrative. It was totally accurate.

The (now-corrected) 1/9 report on Trump's call with another GA official was more of a follow-up. Oh, he did a similar thing in this other call too.
Trump was indeed doing a similar thing in this separate call, but the exact quotes the Post's source (a state official) attributed to Trump were wrong.

Substantively, "find the fraud" vs. find "dishonesty" in Fulton seems immaterial. "National hero" seems more off.
Read 8 tweets
12 Mar
Let's go through the filibuster state of play:

1) Dem opposition to reform may be broader than Manchin and Sinema. But many you'd expect to be skeptics are on board or open. And if you win over Manchin and Sinema, you've probably won over everybody else

vox.com/22319564/filib…
2) Historical path to reform is clear. Get the majority convinced that the minority is abusing powers, so they're outraged enough to go nuclear.

Put another way: find a specific issue for which a GOP filibuster will motivate/pressure Manchin and Sinema to back a rules change
3) It is currently unclear what the filibustered bill that would motivate Manchin and Sinema to flip is — or whether it even exists.

Voting rights, labor rights, government funding + debt ceiling are all possibilities. But, not yet clear whether they'd be moved.
Read 5 tweets
8 Mar
"Talking filibuster" rules change intuitively feels right to a lot of people, but I doubt it would practically play out in the way its adherents hope
The devil's in the details, I guess, but if doing "shifts" are allowed it would be easy for the 50 Rs to trade off shifts on a talking filibuster. And they'd get laudatory coverage on Fox and conservative media outlets for doing so.
"Require 40 votes to block a bill, not 60 to advance a bill" is similarly unimpressive. There are 50 Republicans! They will manage to do that easily.
Read 10 tweets
12 Feb
Collins/Murkowski question to Trump’s team: “Exactly when did President Trump learn of the breach of the Capitol? What specific actions did he take to bring the rioting to the end and when did he take them? Please be as detailed as possible.”
Trump attorney blusters, gives a non-answer. Cites Trump's tweets only. Says the real issue is that the House hasn't investigated this enough (?)
The answer to the "what was Trump doing" question from reporting or secondhand sources seems to be — he was watching it all on TV. He was happy that it was happening. He resisted urgings from staff to condemn the mob.

washingtonpost.com/politics/trump…

vox.com/2021/1/8/22220…
Read 8 tweets

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