March 8, 2021

Lots of stuff simmering, but nothing you can’t miss if you want to take a break from the news today.

There are two stories I’m following.

The first is the fight between former president Trump and the Republican National Committee (RNC). Last Friday, Trump’s lawyers sent a cease-and-desist letter to the RNC, the National Republican Senatorial Committee, and the National Republican Congressional Committee—the three biggest Republican fundraising bodies—demanding they stop using his name and his photo to raise money. The former president is allegedly angry at the Republicans who failed to support him after the January 6 insurrection—especially Senate Minority Leader Mitch McConnell (R-KY)-- and would like to cut them out of the money he can raise.

Friday night, Trump released a series of endorsements for candidates he supports in 2022. He has warned the RNC that he will back primary candidates that support him rather than those whom he considers insufficiently loyal.

Today, the RNC rejected Trump’s attempt to protect his brand. A letter from the chief counsel of the RNC said the Republican Party ““has every right to refer to public figures as it engages in core, First Amendment-protected political speech, and it will continue to do so in pursuit of these common goals.”

Also today, the RNC moved part of its spring donor retreat, held in early April, to Trump’s Mar-a-Lago, paying the former president for the use of his club and for meals. While most of the event will take place at a different hotel, Trump will address the organization at Mar-a-Lago.

At stake here, of course, is control of the Republican Party. Trump would like to be the party’s kingmaker; many Republicans would like to move him off center stage. But Trump is the party’s biggest fundraiser, so the RNC cannot simply toss him overboard, and he is determined to protect his brand.

How this plays out will say a lot about the future of the party.

The second story I’m following is that of the Senate filibuster.

A filibuster permits a senator to stop popular legislation. Initially, it required a senator to hold the floor by refusing to stop talking, which took many, many hours and was exhausting, so it was a last resort to stop something that otherwise would pass (and was almost always used to stop civil rights legislation). But, rules changes over time changed the filibuster to permit a senator to stop legislation simply by threatening to create such a roadblock.

This has meant that the burden of passing legislation has fallen on the majority, which needs to find 60 votes to stop a filibuster rather than a simple majority of 51 to pass a bill, while the role of the minority has simply been to refuse to entertain action. The Senate has largely ceased to legislate. This development has served the Republicans, who are happy not to pass legislation because they would like to turn the functions of government over to private interests, but frustrates the Democrats, who think that bills that pass the House of Representatives should get a hearing in the Senate and, if they get a yes vote from a majority of senators, should pass.

There has been resistance to ending the filibuster—including resistance from President Joe Biden—but there is increasing talk of returning the filibuster to its original form, requiring those opposed to a popular measure not simply to register their disapproval in order to take it off the calendar, but actually to hold the floor to talk a measure to death. When they give up, the measure can pass by a simple majority vote.

Reinstating the old system, in which a minority eager to stop passage of a bill must hold the floor and continue debate, has begun to win adherents, including Senator Joe Manchin (D-WV). “The filibuster should be painful, it really should be painful and we've made it more comfortable over the years,” Manchin said yesterday on the Fox News Channel. “Maybe it has to be more painful.”

At stake in this issue in the immediate future is the passage of H.R. 1, the For the People Act, a sweeping voting rights bill passed last week by the House of Representatives. Senate Republicans have vowed to kill the bill. Increasingly unpopular, Republicans are dependent on voter suppression techniques and gerrymandering—both addressed in the bill-- to continue to have a shot at winning elections. In illustration of that need, Republican legislatures across the country are currently trying to pass a slew of voter suppression measures.

For their part, Democrats recognize that if the Republicans’ voter suppression and gerrymandering techniques are allowed to go forward unchallenged, Democrats will be hard pressed ever again to win control of the government. The nation will, in effect, become a one-party state not unlike the one that controlled the American South from the 1870s to the 1960s.

So H.R. 1 spells the future of the American political system: with it, Republicans will have to reform and win elections on a level playing field; without it, Democrats will be unlikely to be able to compete against Republican rigging of the system.

The future of the nation depends on H.R. 1; the future of H.R. 1 depends on the filibuster.

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Notes:

https://www.politico.com/newsletters/playbook/2021/03/06/scoop-trump-sends-legal-notice-to-gop-to-stop-using-his-name-492021

https://thehill.com/homenews/campaign/541950-trump-presses-republicans-to-stop-using-name-and-likeness-for-fundraising

https://thehill.com/homenews/campaign/542191-rnc-fires-back-at-trump-says-it-can-use-his-name-in-fundraising-appeals

https://www.politico.com/news/2021/03/07/joe-manchin-filibuster-senate-474197

https://apnews.com/article/joe-biden-voting-filibusters-voting-rights-legislation-20685c35e31aff0cdbc432d8f127ee62

https://talkingpointsmemo.com/news/rnc-relocate-spring-donor-retreat-mar-a-lago

https://thehill.com/homenews/campaign/541919-trump-releases-new-tranche-of-endorsements

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