Democrats Are Doing Something

Maybe this line of cynical complaining can die now

With the midterms approaching (Tuesday, November 8 - check your registration), I think it’s valuable to look back at what the most common refrain from people has been in my own lefty political circles since Democrats took control of Congress and the Presidency. That being, “Do something!” Alas, I was never able to really get an answer as to what that meant, exactly. So much, that I may have had a moment on Twitter a few months ago

Elle 🇨🇦 @ellyellyhart

I am so done with this magical, conspiratorial thinking. There is no reason to believe that Democratic leadership knows how to flip Joe Manchin and get everything you want done, but choose not to. THIS IS A REPUBLICAN PROBLEM /

Dr. Sunny Moraine PhD in awful things @dynamicsymmetry

“What do you expect Democrats to do tho?” A) lmao literally anything more than they’re doing right now B) it’s actually not my job to figure out how to push back, this may come as a shock but I’m not a US Senator

Perhaps it’s a missing civics lesson. Maybe it’s frustration with the unlikable, inarticulate, geriatric Democratic leadership. Whatever the case, there are details that make this an empty, almost trollish line of thinking.

With current Senate rules, standard bills require 60 votes to pass, which is almost impossible with Republicans largely focused on obstruction. Consequently, the only significant legislation is passed via budget reconciliation, a special procedure that requires only a simple majority. The Senate currently has 50 Republicans, 48 Democrats, and 2 Independents who caucus with the Democrats. In the event of a 50/50 tie, the Vice President, Democrat Kamala Harris, breaks the tie. If the bill passes the Senate, it also has to pass the House (this can occur before or after the Senate vote). It both chambers pass the bill, it must be signed by the President. If the President vetoes the bill, a 2/3 majority is required to override that veto, which as previously mentioned, is effectively impossible in the current state of affairs.

So for any bill to pass, it must have the support of

1. President Joe Biden, the human essence of the centre of the Democratic party

2. Vice President Kamala Harris

3. Democratic Socialist Independent Bernie Sanders

4. 78 year-old Independent Angus King of Maine

5. Coal Baron Joe Manchin from West Virginia, a state that Trump won by 40 points.

6. Every other Democrat in the Senate

And despite this, Democrats still managed to pass the Inflation Reduction Act in August, which is includes the largest climate provisions of any bill ever passed. Again, this was with the necessary support of Joe Manchin, whose family runs a coal brokerage company.¹

There have also been a couple less substantial bills that forced Republicans to give in and provide their votes.

A bill for domestic semiconductor investments to help combat supply chain issues surrounding chip manufacturing, notably affecting the production of new vehicles made it into law.²

Republicans, despite initially holding out, eventually gave in and supported a bill to expand veterans healthcare benefits after being pressured by veterans groups and Jon Stewart.³

For more direct change to happen, there is a specific scenario that has to happen: Democrats need to have enough votes in the Senate to eliminate the filibuster, while holding the Presidency and House. Democrats, including Joe Biden, have claimed that means adding 2 more votes in the Senate (to make up for no voters against eliminating the filibuster from Joe Manchin and Kyrsten Sinema).

This isn’t just me speculating. Democratic leadership, including Biden himself, has been campaigning under the banner of “two more Senators,” specifically in terms of abortion protections.⁴

If that were to happen, the logistics for passing legislation drastically change. Instead of either requiring 60 votes (meaning at least 10 Republicans votes), or 50 votes for a bill that can do things that affect the budget, the requirements become 50 votes for any legislation, with the wiggle room for 2 Democratic no votes.

House Democrats, with virtually no Republican support, have already passed many bills that haven’t been able to get through the filibustered Senate

• Federal abortion protections⁵

• Federal protections for same-sex marriage⁶

• Federal protections for contraception⁷

• Ban on assault weapons⁸

• Cap on insulin costs⁹

• Limiting Oil & Gas Price Gouging¹⁰

• Increased whistleblower protections¹¹

• Fixing the accuracy of the census (which affects state funding and house seats)¹²

• Washington DC statehood¹³

Among plenty else that hasn’t had an opportunity to pass due to being blocked by the filibuster. That doesn’t mean all of that will get done with a larger Democratic majority. It’s hard to say what has complete agreement, how the political landscape will change in the coming months and years, and what new challenges will take priority. Nevertheless, there is a huge opportunity to make enormous progress with a small win in a single election. There’s far more hope there than seems reasonable in these times, so let’s take advantage of it.

1. The White House. (2022, August 19). FACT SHEET: The Inflation Reduction Act Supports Workers and Families - The White House. The White House; The White House. https://www.whitehouse.gov/briefing-room/statements-releases/2022/08/19/fact-sheet-the-inflation-reduction-act-supports-workers-and-families/

2. Senate Passes $280 Billion Industrial Policy Bill to Counter China. (2022). The New York Times. https://www.nytimes.com/2022/07/27/us/politics/senate-chips-china.html

3. Wong, S., Vitali, A., Frank Thorp V, & Richards, Z. (2022, August 2). Senate passes veterans health bill after Republicans cave in to pressure. NBC News; NBC News. https://www.nbcnews.com/politics/congress/senate-passes-veterans-health-bill-republicans-cave-pressure-rcna41215

4. Kinery, E. (2022, September 23). Biden promises to codify Roe if two more Democrats are elected to the Senate. CNBC; CNBC. https://www.cnbc.com/2022/09/23/biden-promises-to-codify-roe-if-two-more-democrats-are-elected-to-the-senate.html

5. Sobol, V. (2022, July 15). U.S. House Again Passes Bill to Protect Abortion Rights  | Center for Reproductive Rights. Center for Reproductive Rights. https://reproductiverights.org/u-s-house-again-passes-bill-to-protect-abortion-rights/

6. Quinn, M. (2022, July 20). House passes same-sex marriage bill, with 47 Republicans and every Democrat voting in favor. Cbsnews.com; CBS News. https://www.cbsnews.com/news/same-sex-marriage-bill-house-vote-pass/

7. Kapur, S. (2022, July 21). House passes legislation to enshrine a right to contraception in federal law. CNBC; CNBC. https://www.cnbc.com/2022/07/21/house-passes-legislation-to-enshrine-a-right-to-contraception-in-federal-law.html

8. Kapur, S., Wong, S., Vitali, A., & Stewart, K. (2022, July 29). House passes assault weapons ban that’s doomed in the Senate. NBC News; NBC News. https://www.nbcnews.com/politics/congress/house-will-vote-ban-assault-weapons-friday-rcna40644

9. House passes bill to cap insulin prices. (2022, March 31). NPR.org. https://www.npr.org/2022/03/31/1090085513/house-passes-bill-to-cap-insulin-prices

10. Reuters. (2022, May 19). U.S. House passes bill to fight oil and gas price gouging. Reuters; Reuters. https://www.reuters.com/business/energy/us-house-passes-bill-fight-oil-gas-price-gouging-2022-05-19/

11. Schnell, M. (2022, September 15). House passes bill strengthening whistleblower protections for federal employees. The Hill; The Hill. https://thehill.com/homenews/house/3645124-house-passes-bill-strengthening-whistleblower-protections-for-federal-employees/

12. A bill to block census interference passed the House. Its Senate path is unclear. (2022, September 15). NPR.org. https://www.npr.org/2022/09/15/1122758614/census-political-interference-congress-house-bill

13. House Democrats Pass Bill To Make D.C. The 51st State. (2021, April 22). NPR.org. https://www.npr.org/2021/04/22/989119412/house-democrats-pass-bill-to-make-d-c-the-51st-state