Schumer, Dems accept filibuster floor failure to fight 'the good fight' ahead of midterms

Senate Democrats on Wednesday forced two votes they knew they'd lose on their election bills and the filibuster – breaking a rule often followed by legislators, especially House Speaker Nancy Pelosi, to never call a vote you don't know you'll win.

The votes mark yet another political loss for President Biden and Democrats. They highlighted the internal divisions among Democrats over the filibuster. And they forced vulnerable Democrats up for reelection to cast a vote Republicans are already attacking them for.

But Senate Majority Leader Chuck Schumer, D-N. Y., and his colleagues say they have no regrets over the effort, which they say was not only the right thing to do, but could also help them in the midterms.

"We lost the vote. But to have not voted would have been a far greater loss," Schumer said Thursday. "We know history is on the side of voting rights, and we know that forcing leaders to take stands will ultimately move the ball forward."

Schumer added: "Last night was unusual and exhilarating because we fought the good fight."

Democrats failed to clear the 60-vote filibuster threshold on the first Senate vote they called Wednesday. And they lost their "nuclear option" effort to alter the filibuster 52-48 when Sens. Joe Manchin, D-W. Va., and Kyrsten Sinema, D-Ariz., joined Republicans to back the Senate custom.

But R Street Institute senior fellow for governance James Wallner said it's possible Schumer "doesn't think he lost" those votes because they were in service of broader plans.

"Democrats clearly have a goal in mind and that is to pass Republicans as opposed to voting rights legislation, and then they hope to run on that in November," Wallner said.

Wallner also said Wednesday's votes appeared more about messaging than a "serious" effort to get something passed, because "they had options at their disposal that they didn't use."

Among them, Wallner said, would be to put the bill on the floor and try to push through the inevitable GOP floor filibuster, which would likely include amendments, lengthy speeches and procedural motions Democrats would have to defeat. But the Senate almost never goes through that process on legislation because of how unwieldy and time-consuming it is.

"All they have to do is protect the bill if they want to pass it, which means all they have to do is move to table any amendments that are offered," and enforce... (Read more)

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