On the Filibuster Dilemma

Five years ago, I would have predicted that the GOP would ram a nationwide abortion ban through Congress in the absence of the filibuster. Events and Trump’s singular sensitivity to the politics of the issue have made a ban implausible. Without the filibuster, however, the welfare state would be in tatters today, and we would be marching towards federal election legislation that would make Viktor Orban proud. In short, you can argue that only the filibuster stands between us and the illiberal state.

On the other hand, the combination of the filibuster and the major questions doctrine makes it virtually impossible for a blue team majority to accomplish anything meaningful in office, so there will be pressure to get rid of it in 2028. Which of these bad choices will prevail in 2028? That decision will be made during the primaries.

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