First Dem-controlled gov't in a decade means fights over filibuster, court packing, socialist agenda
Victory in Georgia has guaranteed Democratic control of the White House and Congress, giving President-elect Joe Biden expanded options but also denying him cover from the demands of his party’s radical left wing.
Raphael Warnock and Jon Ossoff’s surprise double triumph on Tuesday makes possible many of Biden’s more expansive legislative priorities, such as his promised revisions to Obamacare or his $2 trillion climate plan. But it also means that he has lost the convenient excuse of a Republican-controlled Senate, which would have allowed him to refuse the more revolutionary changes endorsed by members of his party.
Instead, progressive groups are already agitating for proposals such as ending the Senate’s filibuster. Eli Zupnick, spokesman for the left-leaning Fix Our Senate, responded to the news of Warnock and Ossoff’s victory with bluntness: “What does this election mean? The filibuster is dead.”
Similar calls will soon emerge from other corners, pushing for court packing, the addition of new states, radical appointees, and the agenda of the House’s socialist “squad” caucus. Paradoxically, Biden’s victory in the Senate may have set up an even greater battle: not against Republicans, but across the ever-growing fault lines which divide his party.
As much is particularly true due to the razor-thin margin by which Democrats control government. They will hold the Senate only through the grace of Vice President-elect Kamala Harris, while Republicans chipped away at their already narrow control of the House in the November election.
That margin will come into play over a likely contentious debate over the filibuster. Democrats’ sub-60-vote position means that Sen. Mitch McConnell (R., Ky.) can still stall much of Biden’s agenda, as he did in the latter days of the Obama administration. Recognizing this, soon-to-be majority leader Chuck Schumer (D., N.Y.) has repeatedly signaled an openness to ending the practice.
In this, Schumer has been joined by progressive members of his caucus such as Sens. Elizabeth Warren (D., Mass.) and Bernie Sanders (I., Vt.), as well as former president Barack Obama. But blue dog senators have been hostile: Sens. Joe Manchin (D., W. Va.), Kyrsten Sinema (D., Ariz.), and Jon Tester (D., Mont.) are all opposed, while Sen. Mark Kelly (D., Ariz.) has dodged the question. So too has Warnock, while Ossoff offered only a “maybe” when asked.
Abolishing the filibuster would be a prerequisite for another major change Schumer has been eyeing—granting statehood to the District of Columbia and possibly Puerto Rico, guaranteeing two to four more Democrats in the upper chamber. But it would not be necessary to add further justices to the Supreme Court, a move many Democrats agitated for in the wake of Justice Amy Coney Barrett’s appointment. Biden has remained conspicuously silent on the issue of court packing, which would require his involvement but would see the ostensible moderate yielding to progressives over the majority of Americans.
Such major changes are not the only place Democratic control could be a headache for Biden. McConnell’s control of the Senate was expected to moderate Biden’s selection for top posts, and the president-elect has leaned toward the center in many of his taps.
But a Democrat-controlled Senate will allow more controversial choices, like the inflammatory OMB pick Neera Tanden, a serious hearing Biden may not have expected. And it could give new life to appointment priorities from the left, like the list of 100 foreign policy progressives that until Tuesday appeared dead on arrival.
A similar headache may await House Speaker Nancy Pelosi (D., Calif.), as a smaller caucus gives more power to the growing “squad” of Democratic socialists in her chamber. A cadre of online progressives spent the days leading up to the vote for speaker agitating for Reps. Alexandria Ocasio-Cortez (D., N.Y.), Ilhan Omar (D., Minn.), and others to withhold their votes unless Pelosi agreed to allow a vote on Medicare for All. Ocasio-Cortez shot down the idea but acknowledged it—indicating future pressure efforts may be more fruitful.
Pelosi, in other words, could experience a redux of the standoffs that defined the relationship between former speaker John Boehner and the House Freedom Caucus, which ended with Boehner’s resignation. Biden, similarly, risks his agenda being hijacked—not by obstreperous Republicans, as expected, but by members of his own party eager to seize power.