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Lessons from the Demise of a Voting Rights Bill

2021-06-23 | 🔗

The For the People Act, a bill created by House Democrats after the 2018 midterm elections, could have been the most sweeping expansion of voting rights in a generation.

On Tuesday night, however, Senate Republicans filibustered the bill before it could even be debated.

What lessons can we take from its demise? 

Guest: Nicholas Fandos, a congressional correspondent for The New York Times. 

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For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.

This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
From your times. I Michael around this. Isn't it today, Most sweeping expansion of federal voting rights in a generation died last night in the: U S: seller ice good. My colleague congressional reporter Nick fenders about We learn from demise It's Wednesday June, twenty third, where it, where are your looks like you're gonna radio street? Yeah? Isn't this nifty, I'm of audio booth in the House Daily Press gallery right outside the house chamber? I come here, it's nice inquires would basically, the House of Representatives has like podcast studios, something like that. You never sounded better. In fact, you ve always sounded worse.
Yeah, I know it's better, unlike jealous, actually sounds better than I do. Ok, so, let's just jump Can you describe what just happened in the? U S capital, so after and debating and promising and fighting over it. The United States Senate finally held a vote on Denmark. That's the Gore Gansu in election overhaul bill called before the people act so arise. Mr President, with what I think is a simple request to my colleagues: let's do our job unless a principle conversation about voting rights, less had that conversation right here. Right now. How could we do? Otherwise? This wasn't even a vote on the merits of the bill. It was a vote just start debate to consider at and potentially consider I'll turn
to it the son of a vote on whether to advance democratic, transparently, partisan, planned, killed permanently in their favour, and what we saw happened, which was not entirely surprising, is that Republicans stood firm on avowed that they ve made for months now to block this bill. But now the rotten inner workings of this power grab have been thoroughly owes to the light, and they all voted to prevent debate for moving forward today to send us going to fulfil our founding purpose. Stop the partners and our grab and reject as one filibustering the bill and effectively leaving at four dead, at least for now and Senate for two. This is thus in the bus to her very much inaction. Yeah we ve been hearing bad since Democrats to control in January right that the filibuster was going the main obstacle
to their agenda on a whole host of issues from guns to immigration, to voting rights, and this was it inaction today, even in promotional way. Or have been pretending to know exactly what it means to filibuster. since Democrats took control of the Senate, can you just Dr. What it actually means to have done will Republicans did today, which is to use the filibuster, to kill a piece of legislation I'm glad. You asked that because it is often misunderstood even by those who pretend to know Congress that this sentence filibuster rule. It's actually Simple. The weird word aside: what it means is that, under the Senate rules it takes sixty votes to advance or cut off debate
and get a really consider the meat of a bill which means that effectively. Unless you know proponents of a bill control sixty votes, they can never get to a vote on its final passage and has been used in recent years by both parties to block the consideration of bills that they don't support. So it in this case. Voting rights build today, Republicans didn't have to stand up there and give speeches all day. They didn't have to prove any endurance tests. All they had to do was denied this bill that sixty votes to move forward and and with the Senate split fifty five and Republicans all poses. That was not that hard to do why they did it by a wide margin. That's right! It was quickly slap down by Republicans who have more than enough funds. Ok! So now that this bill, which has been described by many people as Democrats, most ambitious plan to protect,
Right now the dad has gone down in flames. I won't talk about why the bill failed in a larger meaning and the lessons of its failure. So what would you say to those are short? Three things come to mine, I think, and the first one just has to do with how big an sprawling and, frankly imperfect this bill turned out to be for this present moment what is happening. So this was written, after the twenty eighteen mid term elections. When Democrats, if you remember the time, ran and one back control of the house on cover anti corruption good government we're gonna, put a check on Donald Trump and what we see as his corrupt presidency and this bill is just huge, Michael, like eight hundred pages, and touches almost everything you could think of in the electoral process. You know it eliminates state voter idea laws, it creates automatic voter registration
across the country, it would give the right back to millions of former felons to cast their votes. It would require super packs to disclose their donors. It would require the president to release is tat returns near the list goes on, I will eliminate partisan gerrymandering in congressional districts. So this is a really expansive bill, yes and that sizes, because, frankly, this bill was written when it was essentially meant to be a messaging bill, a wish list of democratic priorities that was not ready to become law. So there often a couple takes: it builds on capital holders what we call mess Jeanne bills. As I just referred to this, and then there are substantive bills that might become law and messaging bills are usually written to make critical points and though they may actually be hard to implement, or parts of them might be contradictory, or you know me these centres, as I'm willing to support that in theory, because they know it will never become law
Why is it something you're saying this bill was never really designed to go from being a piece of symbolism to a piece of law. It was not another way, bring, wasn't exactly ready for prime time but fast forward to January of this year, Democrats had won back the White House. They knew they had held on narrowly to the house and on January fifth, they win too. of elections in Georgia and claim the Spirit of Senate majorities. In all this, and for the first time in a decade they ve got control of. All of Washington, and so you know what was a hypothetical becomes a real possibility now at point many of the advocacy groups who have made this bill one of their top priorities decided. This is actually our opportunity now and at the same time, Republicans in state houses across the country stored under the auspices of trumps alike, lies moving forward with restrictive voting laws, that
Get harder expert, safer people of color for young people to vote that shift power to partisan legislatures in some cases, rather than non partisan election authorities and Democrats start to feel an urgency to move on this right, so they reach back into their legislative satchel where they have this massive, but quite imperfect Jeanne Bill on voting and it sounds like they decide to put that forward. that's right, and so the house quickly passes it in the spring and then a kicks where the Senate, where Democrats, Always knew they were gonna have a fight on their hands, because Republicans had no trouble opposing this thing at the outset, but is it habit? It wasn't. Just Republicans. Did all the sudden were looking this bill and thinking oh sure, about this again when you take a messaging bill and try and make it a real one, concerns emerged so the most notable senator
director who were all familiar with Joe Mansion of West Virginia, had actually been a co sponsor of this bill and the last congress. But this time when it was reintroduced, he held his name off of it. He had mansions Hey I've got I've got some issues with this bill and what were those issues given? He had previously cosponsor it. So, on the one hand he said will first, while we're just indifferent moment here, this all kinds of doubt about our actions, and I think that one of the worst things we could do right now is move forward with a bill on a partisan basis that just it's gonna end up backfiring on us and in making trust elections less. But then he also says this bullshit. Is sweeping. He didn't like specific provisions. That would have essentially nude all voter Idee laws and states across the country. Mention likes voter ideals, as it happens to a lot of voters, including Democrats. He he didn't like a provision that would have said above a campaign. Financing systems
war congressional candidates. Nick the inevitable question was seen to be. Why didn't Democrats just we write this old election bill? that was first introduced as a messaging bill, two thousand eighteen and make it more of a real world building, could actually pass in the Senate near it's. It's a great question, especially looking back from this vantage point, but I think there were some different factors going on. So one is that this bill, really matched up a lot of different interests that are represented by powerful advocacy groups on the left groups that are interested in dark money groups that are interested in voting in redistricting of congressional district. All these different groups had an interest in, bill and locked arms and said you know, we need all our pieces to stand to stay in it. We need. All of our issues, too, continue to be represented here, and they also know in the context of this pitch battle. That, in a Republicans, are not gonna. Be
more favourable to a narrower, more tailored voting in it. Just not gonna win more votes in the United States Senate, so you know we're gonna go forward. Let's go forward big with what I believe, and we can try and address some of the technical flaws and amendments along the way, but we're gonna try to get this whole thing across the finish line. I didn't think on is that you know they know that looming at the end of this may be a battle over the filibuster, and I think the fury is that the big the boulder the more powerful this bill is the left the more force it gives as it crashes, into the filibuster, and maybe just maybe, that will be enough to create some cracks, we send a democratic and after what the so far too, to change the rules
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hey daily listeners, it Jane Christian, hosted the argument. A podcast from your chance opinion. I spent years, is a reporter talking to people from across the political spectrum. I've heard a lot of arguments to in person and online some are baseless and mean, but some of maybe think differently or helped me understand other. Both points of view. That, with the argument, is about each week on the show you'll hear people who disagree with each other respects all civil debate that gets. Hind, the Big news stories and beyond party lives like powder reform, policing in America. Whether wish the student Dan raise the minimum wage or kill the fella buster. You might not agree with everything you here and that's the point You might even walk away. Some Europeans of your out. You can listen in Europe that's the argument. Every Wednesday, wherever you're listening to the spot, guest Nick of course As we now know, Democrats did not come together to try to choose
Mr Watson, the Senate, to kill the filibuster in order to try to pass this voting rights Bell right. So I think that brings me to my second take away from today, which is the Democrats at this point. We don't really seem to have much of a chance of getting rid of the filibuster rule they had argued really going back months now that this legislation, given its moral wait. It's dealing with the foundations of democracy and the vote itself was the best argument that they could make it to tip the spear colliding into the Philippines That would create a rationale to convince all. Fifty cent of Democrats and the vice president, to change the Senate, rules to to bring them down the threshold down from sixty votes to fifty votes.
Simple majority, can start debate and vote to pass bill, and Democrats in essence, could go around Republicans to enact not just as big voting bill but other points of their agenda as well. but instead what we saw on Tuesday as this row was filibustered on before the Senate is the Democrats could not organise themselves, is not all them around this idea of getting rid of the filibuster and did not seem to actually. any closer to doing so So if Democrats cant log arms to filibuster over this issue, then the thinking goes and Thee Nick Santos take away would be that Democrats are now going to be locked into a dynamic where Republicans can and
I will be, will filibuster almost every major piece of the binding legislative agenda exactly and the result is that in a but for a few types of issues that can move through air came budget reconciliation process. Democrats are gonna, be looking a pre unified republican block of opposition on is whole range of issues that is central to their political platform in the present and binds administration into an account to the democratic senators who refuse to offer up the decisive votes to end the filibuster on an issue like this voting rights bill this election bill. How did they explain their decision? two in many people's eyes seal. Their parties fate for the next three year, unkind of sentence themselves, to a world in which they will get filibustered and blocked over and over
and over and even on issues that their party considers to have the highest moral calling you. So I think that we should look at the two most outspoken defenders of the filibuster, her then Mechanic party. So that's Joe Mansion from West Virginia we're talking about earlier and in Cinema of Arizona, both of them argue essentially that the filibuster is an important tool for promoting civility bi partisanship and lasting policy in the Senate, that it tempers the partisan vigour of both party and am leads to better policy down the line, and so they would argue voting rights is is hugely important to us. Cinema has been vocal proponent of this legislation, but you know if we has this. Now. If we change the rules, we pass is now without republican support. What's to stop them in the future, from getting retribution from now on. Reversing all these things, but putting in place
only a national voting laws with when they win back power. It's not good for a long term policy king and continuity of government to be foot flopping like that and we'll rue the day that we got rid of the filibuster but case they have laid down, are pretty clear lie months ago and they ve been unwilling to cross it. Despite you know, millions of dollars being spent on tv, railways being held in their states, the full force of the left pushing on their backs to try try and get over that line. Suffering others like mansion and cinema. Their view is that when it comes to the moral high ground That is in not changing the rules of the Senate to end the filibuster, rather than changing the rules to pass something that many people in the party say has the greatest moral way, which is passing an election reform.
Right, they seem to think that the principle of the filibusters more important in this moment, then this particular sweeping elections Bill Sonic. What is your final? Take away from the demise of this election, though? It's a more substantive wanted, this bill, Michael and it it's that you know. Four months, Democrat put all their eggs and this big national voting rights fight into this bill. On the idea that Congress could roll back in with them essentially pushed to the sidelines for an hour maybe permanently, I think it means that the states that have already passed laws is fourteen river. Can states that are passed, some versions of restrictive voting laws or changing voting rules. Those are going to stand uncontested by Congress and other states that, They have similar proposals in the harbor, and there are. Many of them will be able to proceed without the threat of Congo,
coming in and overriding as it. What does it look like on a practical level when it comes to election, but as an election restrictions? It means that across the country in states and many of them key battleground states where republican legislatures have passed these new laws it's gonna, be harder to. In some cases, request, email and bow. It it'll be harder to find a dropbox to drop your bout in. It means that it might be harder to vote on Sunday when lack voters often go to the polls. You know in aggregate. It means that in all these little ways, Republicans in many of these key states are putting in place. a set of rules that, in especially in a close election, could tip the balance in their favour, an and better republican candidates, make it easier for their voters to catch the poles and harder for the type of people who vote for Democrats to cast their ballot or to win election challenges and contested case.
rain, but congressional legislation now for closed It would seem the only option left would be the core and our colleague animal attack told us earlier this week that it looks to him that the Supreme Court is likely to uphold these republic and led restrictions that you just described and so taken together. It would look like neither of those branches of government are going to step in and challenge these state restrictions. I think that's true on a big scale, the momentum, Democrats in Congress are sure, as hell gonna keep trying on this issue, but a further as we laid out it's hard to see how they have success anytime soon, certainly before the twenty two election and in the words. You know, there's all kinds of institutional groups and and stay legislators that will continue to pursue to try and bodies and they may win some piecemeal victories,
it's kind of a losing game of Wakeham. All I think, for those who are trying to stand in the way of these things, maybe they'll be successful. you're there, but overall there seems to be a green light for Republicans in our favour, these can restrictions to just keep stacking them up and practically speaking. That really only leaves Democrats with a couple of options. One is is really just to try and make this a political issue to put democracy on the ballot. Next elections and say Republicans are not only standing in the way of all these popular policy positions that we think use voters I see your government do but their stopping us from even protecting your right, and they don't deserve a seat. At the table you gotta voting out. You gotta bring us back and bigger numbers, so we can get this done because you're very ability to vote and have your government be responsive to you is on the line. So perhaps Dan explains why Democrats even held this vote in the Senate on Tuesday, knowing full well
that they would lose knowing full well that this was not gonna, be the impetus to get rid of, oh buster, because they wanted to put it on record that Republicans oppose this bill, so they could use it as an issue in the next set of elections. Yes, following you know this, creating the kind of pressure they need to get rid of. The filibuster Democrats are very much looking down the fight curate at the next election men are trying to. You know, portray the Republican Party as an anti democratic force. You know Stillman League with Donald Trump and out to undermine this system, the government in and portray themselves as democratic as protectors of that he, but the dilemma would seem That between now and the next election Democrats make it locked into this dynamic we just described, which is that they really can't get much past because of the filibuster, which was unchanged because of this bill and therefore they need to
wave their failures around the voters and say we were never given a chance because Republicans wouldn't give it. us and will voters side with them, Will voter say he didn't get anything done. We should give Republicans a chance here. I think that that support this is causing a lot of anxiety for Democrats. Right now. You know they were quick out of the gate to pass this whopping two trillion dollar stimulus bill, and they did it fast and it was very popular. But you know it's starting to look very quickly like they may not. Have bunch luck getting much of their agenda through the Congress? They may be able to get a big infrastructure and jobs bill through. But after that progressive say, our voters are gonna. Look at us in point twenty two and say hey. We gave you all three lovers: a government a huge numbers last time- and this is all we got for it- I think, with a hand of cards that they ve been dealt democratic, which got at least try to play this political car.
Hang around Republicans But the question is how powerful and effective poetic we can Democrats claiming the moral high ground as the protector of democracy really be. in a context where republicans who have back these restrictions, our writing. The rules of the election itself, Thank you very much. During the Michael on Tuesday The republican governor of Texas, Gregg Abbot, moved his state serve to adopting sweeping restrictions on voting added, called a special,
session of the state legislature during which Republicans are expected to pass a bill that would make it harder to vote by male band both drives through and twenty four hour voting and give much greater Power took partisan, pull watchers we'll do it back. This package is supported by Capital wine Otto Navigator, where you can find it are get pre qualified instantly and see a real monthly payment without impacting your credit score capital. One. What's in your wallet, terms and conditions apply, find out more capital, one dot com, slash auto navigator
Here's what else you need ten or so. How are we doing drill down on the numbers that show where we have made the most progress and where have more work to do on Tuesday. binding administration said that it would miss its original goal of getting at least one dose of a covert nineteen vaccine to seventy percent of adults by July? Fourth, where the country is more work to do is particularly with eighteen to twenty six years during a new conference. The president's coded nineteen coordinator, Doktor Jeff Science, said that its proven harder than expected to convince younger Americans to take the vaccine reality is many younger Americans have felt like twelve. Nineteen is not something that in fact them and they ve been less eager to get shot. older Americans continue to take the vaccine at high rates. Eighties
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Transcript generated on 2021-07-23.