The Risk

I see that William A. Galston sees the back-and-forth over the bipartisan infrastructure bill pretty much the same way I do if his Wall Street Journal column is any gauge:

One reason Americans hold Washington in such low repute: They have watched partisans hold bills with broad support hostage. Everyone knows that a proposal to create a legal status for Dreamers brought to America as minors would pass overwhelmingly in an up-or-down vote in the House and Senate. But for a decade neither party has let such a bill reach the floor.

Now the same fate threatens a bipartisan infrastructure bill. Both parties struck a deal last week that would invest in one part of the Biden administration’s ambitious agenda—roads, bridges, water systems, public transportation, ports and airports, broadband and the electric grid—while leaving what some call “human infrastructure” for separate legislation. Because this second bill is less likely to command broad support across party lines, it can pass only through the “budget reconciliation” process, which requires only a simple majority in the Senate, not the 60 votes needed to overcome a filibuster.

To support the bipartisan bill, some Republicans want a guarantee that the second bill will fail, while many Democrats, including their leaders, are demanding its passage as the condition for bringing the bipartisan bill to the floor. In an astonishing unforced error, Mr. Biden announced his support for tying the bills together hours after appearing with congressional negotiators at the White House to announce and endorse the bipartisan agreement.

Understandably, some Republicans accused the president of negotiating in bad faith. It took three days—and an explicit reversal in a written presidential statement—to clear the air. By Sunday, Republican negotiators such as Sens. Rob Portman of Ohio and Bill Cassidy of Louisiana reported that the process was back on track. “I do trust the president,” Utah Sen. Mitt Romney said. Other Republicans fear that this episode will leave a legacy of mistrust.

Mr. Galston doesn’t mention it but I hope that he, the president, and the Democrats more generally appreciate the risk that is being taken. If the House Democrats attempt to enact their entire $6 trillion program in reconciliation, Mitch McConnell has already warned what the outcome would be and I believe he should be considered as good as his word. Nothing would be allowed to move forward in the Senate for the rest of Joe Biden’s term of office. It would not just be bad faith on President Biden’s part it would be what’s called “poisoning the well”. It would also be handing Republicans running to replace Democrats in the 117th Congress a powerful weapon on which to campaign. That’s a pretty big risk with an evenly divided Senate, a slim majority in the House, and Republicans expected to gain a half dozen seats simply as a consequence of redistricting.

5 comments… add one
  • CuriousOnlooker Link

    How exactly is Mr McConnell going to jam up the Senate?

    The filibuster survives on the kindness of Manchin, Sinema, who keep it alive for political expediency, not for any political principle.

    The 2022 Senate is favorable to Democrats. There are 3 Open R seats in battleground states (OH, PA, NC), 3 R seats in battleground states (WI, IA, FL). Democrats have 3 D seats in battleground states (NV, AZ, GA).

    That’s a favorable setup for D +2-3 — if that happens, Senate Democrats should have enough numbers to eliminate the filibuster.

    On the House side, I have to wonder how much partisan redistricting is going to happen in 2022. There is going to be vigorous judicial challenges to partisan gerrymanders in R states like Texas or Florida, and probably the lack of challenges to D gerrymanders in NY and IL.

    All in all, the odds of Democrats getting a stronger trifecta in 2022 is much more favorable then analysts project. In that case, why worry about Republican resistance.

  • There are all sorts of parliamentary strategies which Sen. McConnell outlined when the subject of eliminating the filibuster came up some time ago. Quorum calls, for example. They’re always in order.

    If by “political expediency” you mean it maximizes their leverage, I don’t think it will go away any time soon. If they become completely reliable rubberstamps for the administration, they become irrelevant.

    IMO the odds are about 50:50 that after 2022 the Senate looks just about the way it does now and the Democrats’ lead in the House is even smaller that at present or even that the Republicans take over. At least that’s what the history of mid-terms tell us.

    I don’t care about partisan squabbling either way. What I care about are good policy and good government. Creating new middle class entitlements is not good policy and poisoning the well is not conducive to good government.

  • PD Shaw Link

    @ CuriousOnlooker, Illinois has not gerrymandered any Congressional districts yet, they are waiting for census data. The gerrymandered state offices have been challenged by the GOP and a Latino civil rights organization. For the state offices, Democrats would have lost the ability to impose districts on June 30th, so they went ahead without the census data.

    I think there is about a one percent chance that the Democrats will have the votes to kill the gerrymander. I think you misread Manchin if you think he’s acting out of some sort of grudging kindness. On many policy grounds he disagrees with what Democrats would do on a simple majority, and its not in the interest of West Virginia or any purple state to eliminate it. This is where Senators in the middle of the road get their influence.

  • Drew Link

    “What I care about are good policy and good government.”

    A line in a song by the band U2 goes “…and I still haven’t found, what I’m looking for…”

  • I also believe in continuing approximation, continuous improvement in processes.

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