The most important job ahead for Democrats

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Hello, beloved readers and listeners! Today I’m going to make an
argument that is very important to me: Democrats must
pass substantial democracy reform before the 2022
elections. If Dems don’t get this done, the US is in for
a long period of political darkness. Democracy in America could
very well perish. Climate change will become unsolvable. Every
goal progressives seek — taxing the rich, funding infrastructure,
fixing immigration, boosting unions, you name it — will move out
of reach. It is, I say with some risk of understatement, the most
important thing in the world.


Let me try to explain why.


Biden’s 2020 victory temporarily arrested, but did not stop, the
US slide toward minority rule


When Biden was elected in November, I felt a conflicting mass of
emotions. Most of all, of course, was relief. It is no
exaggeration to say that a second Trump term would have meant the
end of the American experiment with democracy.


But alongside that relief was a persistent sense of dread. The
larger context of the 2020 election is an ongoing process whereby
America’s mostly white, rural, and suburban conservative minority
— which hasn’t won the popular vote in a presidential election
since 2004 — is gaining greater and greater structural political
advantages each passing year. Republicans are overrepresented in
the Senate, overrepresented by the Electoral College,
gerrymandered into safe House seats, and busy passing voter
suppression bills at the state level.


What Dems needed in 2020 was commanding majorities in both houses
and a few key state legislatures, enough to stop the next round
of GOP gerrymandering and pass substantial democracy reform
through Congress.


They got majorities, but, far from commanding, they are whisker
thin, smaller in the House than in 2018. And Republicans
maintained control of all the state governments key to
redistricting. That makes Democrats’ job much, much more
difficult.


Nonetheless, it remains the job. Getting Trump out of office was
the first step, but it won’t mean anything in the mid- to
long-term if Dems don’t repair democracy. Absent substantial
structural reform, the most likely outcome remains the one that
Matt Yglesias predicted in 2015: “America’s constitutional
democracy is going to collapse.”


I would put it this way: Democrats either pass
substantial democracy reform (including statehood for DC) through
Congress in the next 18 months or they will lose one or both
houses in 2022 and remain locked out of congressional majorities
for a decade if not longer.


Without voting system reform, Dems are screwed in 2022


The most likely outcome of the 2022 elections is that Democrats
lose their House majority. To keep it, they would have to defy
both history and Republican gerrymandering.


Historically, midterm elections are a “shellacking” for the
president’s party, as Obama (whose party lost 63 House seats in
2010) put it. With only two exceptions — Clinton Democrats in
1998 and Bush Republicans in 2002 — this has held true all the
way back to 1934.


Even if they defy that historical trend, Democrats won’t be
fighting on a level playing field. Because they retained control
of the key state legislatures involved in redistricting,
Republicans could win a House majority in 2022 purely with new
seats created by redistricting, even if they don’t flip a single
blue seat red.


To buck these trends and keep the House in 2022, Democrats will
need not just the historic turnout that elected Biden, but more.
It would take something of a miracle.


“If we replicate the GOP’s post-9/11, 2002 midterm performance,
we have a chance,” political analyst David Shor told New York
magazine’s Eric Levitz. “If we replicate the second-best
presidential-party midterm from the past 40 years, we lose.”


The Senate will be more competitive in 2022: out of 34 races,
Republicans are defending 20 seats and Democrats 14. Nine of
those races are considered competitive, roughly evenly divided
between parties.


But it almost doesn’t matter: if Democrats lose the House,
legislation of any substance will become impossible. And odds are
getting increasingly stacked against Democrats in both houses, so
it could be a long-ass time before they have Congress again.


Perhaps there’s some path to bipartisan democracy reform? Ha ha,
no.


Republicans will fight democracy reform to the death


If either house of Congress goes to Republicans, any kind of
positive voting reform becomes impossible. If they get unified
control again, they are much more likely to pass national
versions of the kind of targeted voter restrictions they are
passing at the state level.


Democrats will never get a scrap of help from Republicans on
democracy reform, only implacable, relentless opposition.
Conservatives will fight it with everything they’ve got, for the
same reason they fought it during Reconstruction or the Civil
Rights era: to the extent voting in the US becomes easier,
fairer, and more representative, they lose power.


The right has a congenial and enduring Supreme Court majority and
a growing network of militias willing to use intimidation and the
threat of violence against legislative activity they dislike, as
they have in Oregon and Michigan (oh, and the US Capitol). They
have shown no hesitation in using either.


Dems need to understand that Republicans will escalate the war
over voting reform as far as they are able, full stop. It’s
existential for them.


Passing democracy reform means doing the Manchin dance


With the current dysfunctional and distorted electoral system in
place, this could be the last time Democrats hold the presidency
and both houses of Congress for a decade or longer. That’s why
it’s now or never on democracy reform.


Getting there will require a delicate dance. A lot of things have
to line up.


My hopes for Democrats were dim going into 2021, but thus far
Biden has been astonishingly effective. He led with a blitz of
executive actions, may get everyone vaccinated by May (!), got
most of his cabinet nominations approved, turbo-charged a
unionization drive in Alabama, and just got a stimulus bill
almost exactly the size he wanted — $1.9 trillion — through
Congress. That bill contains state and local aid, extended
(tax-free) unemployment benefits, a child allowance that could
halve US child poverty, and loads more.


It’s a lot of concrete aid to a lot of people in a short period
of time (exactly what I advised/hoped). Biden has done all this
while maintaining a low personal profile, giving Americans the
peace from politics they needed. He remains resolutely boring as
a public figure — no provocative tweets, no inserting himself in
passing culture-war battles, no unnecessary theatrics.


A democracy-reform bill, though, can’t pass through
reconciliation with a bare majority the way the Covid relief bill
did. To pass it, Democrats will need to either scrap, reform, or
otherwise bypass the filibuster.


The major figure in that drama is West Virginia Sen. Joe Manchin,
who has also, I must begrudgingly admit, outperformed my
expectations thus far. He kicked up a fuss around the stimulus
bill — a fuss that sounds like it was almost entirely about
personal pique — but ultimately he signed on without fundamental
changes.


More importantly, after saying nothing but harshly negative
things about filibuster reform for months, Manchin threw a
curveball last Sunday, when he expressed openness, not to killing
the filibuster, but reforming it. “If you want to make
[filibustering] a little bit more painful — make them stand there
and talk — I’m willing to look at any way we can,” he told Meet
the Press host Chuck Todd.


That’s only one small step toward filibuster reform — many
problems and challenges remain — but it’s an important one.


Let’s say you wanted to interpret Manchin’s actions charitably.
Perhaps he’s doing a dance, making loud noises about moderation
and blocking Democrats and working across the aisle in order to
play to his conservative constituents in West Virginia, while
ultimately running cover for Biden’s extraordinarily ambitious
agenda.


Voters, especially Democratic voters, love the optics of
negotiation and compromise. Republicans have been incredibly
effective at denying them those optics by refusing to compromise
— it’s a way to ensure the Democratic agenda fails even as
Democrats take the blame for not trying hard enough to be
bipartisan.


In a sense, fighting and negotiating with conservative Dems like
Manchin and Arizona Sen. Kyrsten Sinema provides voters (and
political journalists) some of those optics, making it look like
Biden has to shepherd his priorities past the watchful eye of
skeptical moderates. It gives the public more confidence in the
resulting legislation. (The Covid relief bill is enormously
popular.)


Perhaps Manchin knows all that and is supplying those optics on
purpose. Perhaps he’s accumulating “moderate” credibility that he
plans to spend on filibuster reform when the time is right.


I still don’t quite believe that — I’m suspicious of
12-dimensional-chess explanations in politics — but let’s just
say there’s been no disconfirming evidence yet. The theory still
fits the facts.


Manchin is now saying that he doesn’t want to use reconciliation
for the big upcoming infrastructure bill. Over on Axios:


Asked if he believes it's possible to get 10 Republicans on
the infrastructure package, which could yield the 60 votes needed
under normal Senate rules, Manchin said: "I sure do."


Again, there’s no way to know if he actually believes this or if
he’s just setting himself up to look like he tried, but … it’s
definitely wrong. There is no world in which 10 Republican
senators vote for a major Democratic bill, infrastructure or
otherwise. The question is what Manchin will do when Republican
support for Biden’s “Build Back Better” agenda doesn’t
materialize.


Is there some demonstration of Republican obstinance that will
drive Manchin to filibuster reform? If so, which bill might
prompt it?


Every Democratic constituency, if it gets wind of the possibility
of filibuster reform — or even one-time exemptions from the
filibuster — will want its issue to be the test case. Key unions
are even now calling for filibuster reform in order for the
Senate to pass the Protecting the Right to Organize (PRO) Act
that the House just passed.


The filibuster must fall for a democracy reform bill


But if the filibuster is to fall — or waver, or reform — it must
do so in service of the bill passed by the House earlier this
month: HR1, which would implement nationwide automatic voter
registration, mandate that nonpartisan commissions handle all
redistricting, mandate early voting and no-excuses absentee
ballots, institute campaign finance and ethics reforms, and
restore felon voting rights, among other things.


Yes, it would help Democrats electorally. According to Shor,
comprehensive election reform would raise Dems’ chances of
keeping the House in 2022 threefold.


But it would help Democrats because it would allow more people to
vote, in a fairer and more equitable way. No Democrat should be
apologetic about backing it.


I hope that wiser heads in the Democratic congressional caucus
will be able to convince their colleagues, most notably Manchin
and other Senate nostalgists, that democracy reform must
get a vote. Even if Republicans want to filibuster it,
the filibuster has to end at some point; debate must come to a
close and there must be a real, old-fashioned, majority-wins
vote. Democracy is too important to let arcane Senate procedure
stand in the way.


There are other things Democrats should do on democracy reform as
well, including statehood for DC and Puerto Rico (if the people
of PR want it) and expanding the Supreme Court, but HR1 is the
core.


“Basically, we have this small window right now to pass
redistricting reform and create states,” Shor told Levitz. “And
if we don’t use this window, we will almost certainly lose
control of the federal government and not be in a position to
pass laws again potentially for a decade.”


Let’s not forget that Republicans, led by the president, tried to
overturn the results of the 2020 presidential election. They were
prevented from doing so by a few key state Republican officials
and judges with integrity.


Democrats should think about what will happen in the next
presidential election, with the House in Republican hands and
state parties having purged all their non-Trump loyalists.
There’s no reason to think they won’t try to cheat again and
their odds are likely to be improved.


As they say over on Vote Save America: “HR1 or We’re Fucked.”


It’s a narrow path, with dangers on all sides, and it will take a
great deal of trust, cooperation, and coordination among
Democrats to stay on it. But if democracy reform doesn’t happen,
the US will be gridlocked, unable to address any of its problems
with legislation, trapped in a self-reinforcing anti-democratic
cycle through which an increasingly nationalistic minority
exercises control over a growing, younger, more diverse majority.
That can not end well.


I am not particularly hopeful that Dems can, after passing this
giant relief bill, hold on to their unity to a) pass a second
giant reconciliation bill devoted to “building back better,” then
b) push HR1 to the Senate floor and respond to the inevitable
filibuster by c) convincing Manchin and other Senate holdouts to
support filibuster reform, d) actually passing filibuster reform,
and then e) passing HR1 into law. Oh, and then f) making DC a
state.


But I wasn’t particularly hopeful about Biden from the very
beginning of his presidential campaign, and at every juncture,
he’s done better than I expected. It’s the same since he took
office. The aura of low-drama competence he and his team have
maintained so far is pretty close to my best-case scenario for a
Biden administration.


So perhaps they know what they’re doing and will go to the mat
for democracy reform when the time comes. Perhaps they can pull
recalcitrant senators along with them. I suppose they’ve earned a
little hope.


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