Filibuster Reform on the Horizon?
Dispatches on the Freedom to Vote Act (Edition #38)
Welcome to 2022! I hope that you had a relaxing holiday season and are staying safe despite the frightening Omicron surge. Here’s hoping we can generate enough pressure to turn the Freedom to Vote Act into law this year.
Below, we have a MAJOR update on the fight to fix the filibuster…and it’s incredibly good news. As you know, the only way we win the Freedom to Vote Act is by changing the Senate rules to allow bills to pass with a majority vote.
But first, the New York Times reported yesterday that President Biden will give a major speech on voting rights on Tuesday in Georgia. This is very encouraging. President Biden has been significantly more vocal in the fight to protect the freedom to vote in recent months and this speech will continue that trend. It goes without saying that we need the White House to utilize every tool at its disposal to get the Senate to act.
And speaking of the White House, both the President and the Vice President gave great speeches today reflecting upon the tragedy of the January 6th, 2021 insurrection attempt. Check them out here.
Finally, some self-promotion: I published an article in U.S. News and World Report about the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act. If you are willing, please share it far and wide.
Let the Debate Begin:
On Monday, Senate Majority Leader Chuck Schumer announced in a Dear Colleagues Letter that the Senate will soon begin considering changes to the filibuster rule. He explained:
“We hope our Republican colleagues change course and work with us. But if they do not, the Senate will debate and consider changes to Senate rules on or before January 17, Martin Luther King Jr. Day, to protect the foundation of our democracy: free and fair elections.”
It is no exaggeration to say that this is the most significant step forward in our fight to protect democracy in months. The naysayers claimed there was no momentum for filibuster reform; we proved them wrong.
So what does this all mean in practice? As we’ve explained before, conversations about filibuster reform have been ongoing for a while. Moderate Democratic Senators, such as Angus King (Maine), Tim Kaine (Virginia), and Jon Tester (Montana) have been in constant talks with filibuster reform holdout Sen. Joe Manchin (West Virginia). And the rest of the caucus has reportedly been talking with Manchin, as well. We are not privy to the specifics of these negotiations, and cannot speculate on what progress has or hasn’t been made. However, that Senate leadership is prepared to make these talks public means they feel confident about the direction of the negotiations or they are ready to increase the pressure on those unwilling to agree to reform (i.e. Manchin and Sinema).
Senators will take to the floor on the date selected by Schumer, with C-Span cameras broadcasting live, and debate what a more functional Senate could look like. We look forward to a productive discussion that hopefully reaches a small-d democratic solution that works for all Democrats, promotes participation from members of both parties, and allows for the Freedom to Vote Act to become law with majority support. We fully expect the debate to be contentious. And, there is no guarantee that any reform will be agreed upon. But we believe an agreement is possible. In the meantime, we have to keep the public pressure up, to make it clear we will not accept anything less than meaningful changes to the Senate rules.
There are many filibuster reforms potentially on the table. We chronicled a number of them in a previous Substack available here.
We will keep you posted on the twists and turns of the Senate debate as it comes our way.
From One January 6th to the Next:
Today is January 6th, the year anniversary of the insurrection attempt at the Capitol, an incredibly dark day in American history. Former President Donald Trump and his allies have worked hard to make January 6th, 2021 seem less harrowing than it actually was. Fortunately, others, including both Republicans and Democrats, are seeking the truth. The bipartisan January 6th Select Committee in the House has been working for months to gather information about the attack on the Capitol. The Committee has already uncovered shocking details from that day, and their work will likely culminate in a comprehensive report in 2022.
What we do know for certain is that January 6th was not an isolated attack on our democracy. As Majority Leader Schumer wrote in his Dear Colleagues Letter on Monday:
“January 6th was a symptom of a broader illness — an effort to delegitimize our election process, and the Senate must advance systemic democracy reforms to repair our republic or else the events of that day will not be an aberration — they will be the new norm.”
Throughout 2021, over 440 anti-voter bills were introduced in state legislatures across the country and 34 passed in 19 states. These laws are truly insidious. Some make it more difficult to vote. Others lay the groundwork for partisan actors to subvert the will of the people. Combine these laws with a vicious cycle of partisan gerrymandering and you have a recipe for a backsliding democracy (which was what the respected democracy watchdog International IDEA labeled the US in 2021).
But 2021 wasn’t all bad news for our democracy. According to the Brennan Center for Justice, at least 25 states enacted 62 laws that expand voter access (albeit some of these laws both expanded and reduced access at the same time). Additionally, pro-democracy state legislators valiantly fought against their anti-democratic colleagues. For example, in Texas, Democrats actually fled the state to deny Republicans the quorum needed to suppress the vote.
Grassroots democracy activism also had a big year. Throughout 2021, our allies stood up against the onslaught of anti-democratic bills. They called their Senators, signed petitions, marched, risked arrest, and even engaged in hunger strikes. The fight for federal legislation is far from won, but it’s clear that we would not be as close to victory as we are without their efforts.
In 2022, we must all re-dedicate ourselves to protecting democracy. The time to raise our voices is now. We are on the precipice of the most significant federal pro-democracy legislation since the 1965 Voting Rights Act. Let’s get it over the finish line.
The Activism Continues:
So what activism is going on right now and in the weeks ahead?
Today, democracy activists are marking the anniversary of the January 6th insurrection attempt by holding hundreds of vigils across the country. These vigils call for the passage of federal legislation to protect our future elections and the freedom to vote.
On January 17th (MLK Jr. Day), Martin Luther King Jr.’s family is calling for protests if federal legislation has not been passed. Check out details on the MLK Jr. Day actions here.
I will keep you posted on other grassroots actions that emerge throughout the month. We are entering the final stretch and we will need as much grassroots pressure as we can muster, so please do you part!
Make sure to subscribe to this Substack to stay up to date as the fight to fix our democracy continues in 2022.
An On-The-Ground Update:
This year, we are going to add a new section to the Substack where we feature writing from scholars, organizers, and lawyers working to pass the Freedom to Vote Act. In our inaugural edition, we are pleased to have a contribution from Elizabeth Hira, a Spitzer Fellow and Policy Counsel with the Brennan Center's Democracy Program. Among her many accomplishments, she helped draft the original For The People Act! We asked her why she was optimistic about 2022. Here’s what she wrote:
On a day you may need some hope, here’s good news you may not be hearing elsewhere: we are the closest we have EVER been to passing the greatest civil rights reform in America since the Civil Rights Movement. Know how I know? I worked as a lawyer in the U.S. Senate and the U.S. House, and it taught me one thing — in Washington, I watch what they DO, not what they SAY. And here’s what they’ve been DOING. In 2019, when I worked to help pass H.R 1 in the House, it was DOA in the Senate. No question.
Fast forward to today: because of advocates like YOU, we have an unstoppable movement. On Oct. 5th, five activists were arrested in front of the White House. Week by week, more and more joined — students, church folks, labor leaders — all risking arrest. On Nov. 17th, 200 arrests meant Jen Psaki had to talk about it at the White House podium (!). Joe Madison is now on Day 60 of a hunger strike, and has been joined by Un-PAC youth, and Professor Lessig of Equal Citizens. Tens of thousands marching across America with the King family for March On—what did it make? It made a sea change.
Here’s the proof: President Biden made the historic statement, for the first time, supporting filibuster reform for voting rights. And members of the Democratic party who are by no means the fringe — Senators Carper and King, for example — slowly but surely have come out strong for filibuster reform, alongside other leaders like Sen. Warner saying we need to do whatever it takes to get this done. And Sen. Manchin, once publicly opposed to H.R. 1, is now one of the main architects of the new voting rights bill, the Freedom to Vote Act. He has skin in the game to get this done — his legacy is on the line. Momentum has only grown, with everyone from Michelle Obama to Steph Curry pushing just before Christmas to get the bill over the line. The King family has even called off MLK Jr. Day celebrations — no celebration without legislation! And Leader Schumer, this very week, met the call: MLK Jr. Day is the deadline for the Senate to debate and consider changing the rules standing in the way of progress.
We are a handful of people away from making this law. Ok, I hear you naysayers in the back — “How do you get them to DO what you need them to do?” Well, you change it with what YOU do. Keep raising Hell so it’s embarrassing for them to not hear you. Today, tomorrow, every day until it’s done. Because that list of developments above shows it has been working. You call the Senate and the White House, you host town halls and tell your family and your neighbor and your community the great news: There is a bill teed up, RIGHT NOW, to fix the worst of what’s wrong in American democracy — to FIX so much of what Jan. 6th’s coup attempt represents — to restore the people’s faith in our government and open voting up to all Americans. You don’t need to despair.
But to get it done, you do need to act.
In the News:
The New York Times Editorial Board reflects on January 6th and the subsequent onslaught of anti-voter laws and calls on Senate Democrats to act. The writers highlight the work of the Jan. 6th Committee and advocate for filibuster reform to strengthen our democracy.
NPR’s All Things Considered host Mary Louise Kelly interviews Wendy Weiser, the Director of Democracy Program at the Brennan Center for Justice. The pair discuss the anti-voter legislation that moved through state legislatures in 2021 and the risk of election subversion.
The Washington Post’s Editorial Board highlights the fraying of our democracy in 2021 and the need to pass federal legislation to repair it. The Editorial Board calls for Senate Democrats to reform the filibuster if Senate Republicans continue to obstruct.
The Hill reports on a letter co-signed by 60 organizations (including us!) urging Senate Democrats to make a filibuster exception for voting rights as they did for the debt ceiling. Senators of both parties showed their willingness to make an exception to the filibuster when it comes to the economy. They should do the same for our democracy.
Bonus: Opinion | Jimmy Carter: I Fear for Our Democracy - The New York Times
Don’t forget to keep your friends, family, and colleagues in the loop by sharing this Substack with them.
Social Media Roundup:
Let’s be frank: there are A LOT of tweets, posts, and general conversation about the Freedom to Vote Act. In this section, we give you an overview of the tweets and media you really need to see.
More Ways to Help!
We are in possibly one of the most critical moments for American democracy since the Voting Rights Act of 1965. We need all the help we can get to push the Freedom to Vote Act over the finish line! Here are more ways to join the fight to protect American democracy:
Call your senators and tell them that you support reforming the filibuster for voting rights legislation. You can find your senators’ phone numbers, as well as where they stand on the filibuster, using our handy filibuster tracker!
Common Cause and End Citizens United are organizing regular phone banks in support of the Freedom to Vote Act. This is a great opportunity to spread the word and help constituents contact their Senators in support of the bill. Check them out here and here.
You can also text DEMOCRACY to 33339 to receive a daily text message reminder to call your senators in support of voting rights legislation.
The League of Women Voters can also help you contact the White House here.
Write a letter to the editor in your local paper sharing your support of the Freedom to Vote Act and urging your Senators to pass it. Not sure how to write a letter to the editor? Reach out to us at info@equalcitizens.us and we can help!
Share our newsletter, our podcast, the articles included above, and the resources on the bill below on social media and tell your friends why you support #FreedomtoVote
For more ways to help, check out the Democracy Movement’s ‘Take Action’ page, where you can see state-specific organizations that you can join!
Extra, Extra:
If, after reading our newsletter, you still want to know more about the Freedom to Vote Act or Equal Citizens you can find more information here! If you have questions about the bill you want us to answer in our Substack, tweet at us with #HR1Substack! Also, don’t forget to follow us on Instagram, Twitter, and Facebook for more updates throughout the week.
Relevant Resources:
Here are a few resources on the “Freedom to Vote Act” if you have questions:
Equal Citizens launched a filibuster tracker, so you can see where your senator stands on the filibuster. It also includes their phone numbers and their Twitter handles, so you can get in touch with them directly and push them to support filibuster reform!
The Brennan Center for Justice created a wonderful guide to the Freedom to Vote Act. Check it out here. Additionally, they created an extensive fact sheet on the differences between the Freedom to Vote Act and the For the People Act, which I highly suggest checking out here.
The Brennan Center also published a report on why H.R. 1 brings us closer to an inclusive democracy, while the Freedom to Vote Act is not the same, this report is still relevant in a number of ways. Check it out here. They also created an in-depth report about racism and disenfranchisement due to incarceration.
There is a lot of misinformation about the Freedom to Vote Act, and the amount of misinformation so please reach out to us if you hear anything that doesn’t sound right and we will give you the correct information.
More About Me:
Kevin Rissmiller is a fellow at Equal Citizens and a Goodwin-Niering Scholar at Connecticut College majoring in Government and exploring sociology, economics, and applied statistics. In his free time, you will find him at Dunkins or (pre-pandemic) playing ultimate frisbee. Connect with him on LinkedIn.
If you want more updates on federal voting rights legislation from Kevin, then subscribe here!