Norman Ornstein writes:

Eliminate the filibuster? Both Sens. Joe Manchin III (D-W.Va.) and Kyrsten Sinema (D-Ariz.) emphatically say no. Both say the filibuster is key to making bipartisanship possible, and bipartisanship is the linchpin to a functioning Senate and democracy. “The idea of the filibuster was created by those who came before us in the United States Senate to create comity and to encourage senators to find bipartisanship and work together,” Sinema told reporters early this month. Manchin, writing in The Washington Post in April, said, “The time has come to end these political games, and to usher a new era of bipartisanship where we find common ground on the major policy debates facing our nation.”

But even if bipartisanship is essential to democracy, does the filibuster, as these senators seem to believe, enable it? Does it “create” the necessary comity? The perception has been that bipartisanship does not exist in the Senate, even with the filibuster firmly in place. That is not entirely the case, however. With a robust 68-vote bipartisan supermajority, the Senate just passed the Endless Frontier bill to deal with competitiveness with China. Bipartisan negotiations over a police reform bill have reportedly come close to ending the logjam over the most difficult provision, qualified immunity. And while they are still far from an actual bill, bipartisan negotiators on infrastructure — 10 senators, five from each party — announced agreement on a framework for a deal that does not raise taxes.

Other issues and even some confirmations have achieved broad support. So far, there has been bipartisan action on paycheck protection, a bill to expedite organ transplants, and the creation of a new directorate on technology and innovation in the National Science Foundation. Some confirmations, such as Lisa Monaco as deputy attorney general and Samantha Power as head of USAID, have had strong bipartisan support. On many committees, Democrats and Republicans have found common ground, as Sens. Debbie Stabenow (D-Mich.) and Roy Blunt (R-Mo.) have on mental health reform.

Why do we have these islands of harmony, even amid the deep dysfunction? Could it be the threat of the filibuster? There is zero evidence that it is. [Continue reading…]