I’m finally done with the Senate filibuster. We’re running out of time to save democracy. – USA TODAY
Noah Bookbinder, Opinion contributor Published 3:15 a.m. ET April 2, 2021
This sounds apocalyptic and maybe a little crazy. It is not. The Trump presidency showed how quickly and completely our foundations can be shaken.
I worked as a counsel on the Senate Judiciary Committee for eight years. I heard senators that I admired repeat the apocryphal story of George Washington supposedly explaining to Thomas Jefferson that the Senate was the saucer that cools the tea, preventing the House from rushing through ill-advised legislation.
While the filibuster was not part of the framers plan and indeed some of the framers warned against a supermajority requirement for legislationit seemed consistent with this idea of the Senate as an intended obstacle to tyranny by a bare, partisan majority. Perhaps more importantly, I saw the cycles of control in the Senate. I saw how those tactics of delay and obstruction that drove a majority party crazy one year were lifelines when that party ended up in the minority the next.
Those seemed like compelling arguments to keep the Senate filibuster, so I passionately resisted the idea of eliminating it for years. Too slowly perhaps, it has become clear to me that times have changed. The old arguments are no longer enough in fact, our democracy might not survive at all unless Congress passes reforms that a minority seems determined to block. The Senate must get rid of the filibuster in order for us to maintain a democratic system of government going forward, and the sooner the better.
Our democracy already teetered on the brink when Donald Trump, who lost the 2020 presidential election by more than 7 million votes and a substantial margin in the Electoral College, falsely and repeatedly claimed to have won and then actually tried to convince officials in multiple states to overturn the results of the voting in those states.
When efforts by Trump and his supporters to undermine and overturn the election failed, Trumps supporters switched to a quieter but no less dangerous tactic. Bills have now been introduced in 47states to restrict access to voting, curbs which will disproportionately impact non-white voters. Many of these bills are on their way to passing. Efforts are also in the planning stages to aggressively gerrymander districts to benefit the former presidents party.
The cumulative effect of all thisis to prevent a mostly white minority of Americans from losing control of the United States government. There is legislation that could prevent this, but it looks like it will be blocked in the Senate by the filibuster, something that has often happened to bills meant to advance racial equity and justice.
U.S. Capitol building on March 24, 2021, in Washington, D.C.(Photo: J. Scott Applewhite/ AP)
Now, the combination of systematic disenfranchisement of Black and brown voters, aggressive use of gerrymandering, and a system of unchecked money in political campaigns could allow a minority of voters to ensure that those who supportedTrumps abuses are ushered into control of Congress and the presidency; once in power, they have already shown their willingness to use it to further degrade checks and balances for their own advancement. The democracy as we know it might begin to crumble.
We need H.R. 1:It would maintain voting rights and voting integrity that states saved amid COVID-19
This sounds apocalyptic and maybe a little crazy. It is not. We need only look at the four years ofTrumps presidency, moving from emoluments violations, obstruction of investigations, embrace of white supremacists, and sidelining of watchdogs and prosecutors who threatened him to full-scale attempts to overturn an election and incite insurrection, to see how quickly and completely the foundations of our democracy can be shaken.
Legislation before Congress can stop all this from happening. H.R. 1, the For the People Act, contains crucial voting rights protections that will prevent many of the efforts in states to restrict the ability to vote; it will ensure fair, non-partisan redistricting and reform money in politics, as well as curbing much unethical conduct and many abuses of power. We can also shore up our democracy against attack with billslike the John Lewis Voting Rights Advancement Act, the Protecting Our Democracy Actand anact to finally grant District of Columbiaresidents the same rights to democratic participation that people in all 50states have.
GOP ex-officials: We need a voting rights champion like Vanita Gupta at Justice, and fast
But if the Senates intractable minority is allowed to continue to prevent all legislation to protect our democratic system, we will run out of time. Efforts in the states to curb voting rights and ensure rule by a shrinking white minority will be able to take effect without any check; after the rules are changed and the deck stacked, it might not again be possible to elect a Congress and a president amenable to protecting democratic participation and checks and balances.
The stakes couldnt be higher. The Senate must eliminate the filibuster while there is still time and quickly enact the For the People Act and as much other important pro-democracy legislation as possible. Once the democracy is secure, we can think about how to build a system of true comity and bipartisanship; but if we dont act now, there may not be a system to fix.
Noah Bookbinder, a former criminal prosecutor for the Justice Department's Public Integrity Section, is the executive director ofCitizens for Responsibility and Ethics in Washington. Follow him on Twitter:@NoahBookbinder
Autoplay
Show Thumbnails
Show Captions
Read or Share this story: https://www.usatoday.com/story/opinion/2021/04/02/kill-senate-filibuster-save-american-democracy-column/7060951002/
Read more from the original source:
I'm finally done with the Senate filibuster. We're running out of time to save democracy. - USA TODAY
- To understand the threat to our real democracy, watch Putins fake one | Rafael Behr - The Guardian - September 17th, 2026 [September 17th, 2026]
- Exclusive: These international observers have monitored US elections for decades. This time, the Trump admin didnt invite them - Democracy Docket - September 17th, 2026 [September 17th, 2026]
- Constitution Day reminder: Our democracy is not for sale to the highest bidder - Maryland Matters - September 17th, 2026 [September 17th, 2026]
- All the information you need to participate in Indianas democracy - Indiana Capital Chronicle - September 17th, 2026 [September 17th, 2026]
- MDC, Global Foundation for Democracy and Development to Sign MOU Expanding Opportunities for Academic and Professional Collaboration - MDC News - September 17th, 2026 [September 17th, 2026]
- USC International Day of Democracy event takes a hard look at AIs evolving impact - USC Today - September 17th, 2026 [September 17th, 2026]
- New poll suggests filling Cubans' stomachs could make it easier to fill their heads with democracy - WLRN - September 17th, 2026 [September 17th, 2026]
- Supreme Court rejects Trump bid to revive mail voting restrictions ahead of midterms, in huge win for voters - Democracy Docket - September 17th, 2026 [September 17th, 2026]
- Rethinking How We Talk About Public Health and Democracy - apha.org - September 17th, 2026 [September 17th, 2026]
- Mount Vernon to Gather National Voices for a Reckoning on American Democracy - Alexandria Living Magazine - September 17th, 2026 [September 17th, 2026]
- Poll finds support for cooperation, conflict prevention top priority - Democracy Without Borders - September 17th, 2026 [September 17th, 2026]
- Statement by High Representative/Vice-President Kaja Kallas to the European Parliament for the Joint Debate on Russias hybrid attacks against Member... - September 17th, 2026 [September 17th, 2026]
- From Brussels to the World: high-level dialogue explores the future of democracy - Unric - September 17th, 2026 [September 17th, 2026]
- Democracy or Guitars in the Best Things Ever Bracket - blazersedge.com - September 17th, 2026 [September 17th, 2026]
- Protecting researchers from illegal viewpoint discrimination by the government - Protect Democracy - September 17th, 2026 [September 17th, 2026]
- Opinion | Trump Has This Influential Theorist of Democracy Very Worried - The New York Times - September 17th, 2026 [September 17th, 2026]
- Pentagon Claims to Strike Vessel in the Eastern Pacific - Democracy Now! - September 17th, 2026 [September 17th, 2026]
- End Times Fascism: Naomi Klein & Astra Taylor on Billionaires, Bunkers, AI, Gaza & the Far Right - Democracy Now! - September 17th, 2026 [September 17th, 2026]
- Pennsylvania wasnt just the birthplace of democracy, it was a key inspiration - Inquirer.com - September 17th, 2026 [September 17th, 2026]
- Democracy needs its champions. Heres a proposal on how to fund them - The Conversation - September 17th, 2026 [September 17th, 2026]
- Education and Democracy - Southern Poverty Law Center - September 17th, 2026 [September 17th, 2026]
- Architects of Atrocities: Amnesty Says Iran Committed Crimes Against Humanity in 2022 Crackdown - Democracy Now! - September 17th, 2026 [September 17th, 2026]
- Never take democracy for granted: reflecting on the International Day of Democracy - Jurist.org - September 17th, 2026 [September 17th, 2026]
- Message of H.E.Mr Oskar Benedikt on International Democracy Day - EEAS - September 17th, 2026 [September 17th, 2026]
- Kinzinger Reflects on Jan. 6, Bipartisanship, and the Future of Democracy at SIU Event - WSIU NEWS - September 17th, 2026 [September 17th, 2026]
- Thirst traps for democracy: Content creators go risqu to recruit people to work the polls - NBC News - September 13th, 2026 [September 13th, 2026]
- Warning: our democracy wont survive the death of reading. Read on if you still can | John Harris - The Guardian - September 13th, 2026 [September 13th, 2026]
- When the defenders of democracy turn their backs on it instead - The Economist - September 13th, 2026 [September 13th, 2026]
- China angered by Taiwan VP's visit to EU democracy forum - DW.com - September 13th, 2026 [September 13th, 2026]
- Centrists Are Soft-Launching the Idea That We Have a Little Too Much Democracy - The Intercept - September 13th, 2026 [September 13th, 2026]
- Americans agree their democracy is in crisis yet the solution is as simple as it is elusive - The Conversation - September 13th, 2026 [September 13th, 2026]
- Constitution Day: State Constitutions and the Future of American Democracy, Sept. 17 - Marquette Today - September 13th, 2026 [September 13th, 2026]
- The Democracy We Must Protect Together - The Equation - Union of Concerned Scientists - September 13th, 2026 [September 13th, 2026]
- The good news: few Muslims want to subvert European democracy - The Economist - September 13th, 2026 [September 13th, 2026]
- Everyone has to be vigiliant about keeping democracy strong - Columbia Missourian - September 13th, 2026 [September 13th, 2026]
- Supreme Court to decide on Trump mail voting order after parties make their case - Democracy Docket - September 13th, 2026 [September 13th, 2026]
- The Smithsonian chiefs exit is a blow to democracy | Kimberl Crenshaw and Jason Stanley - The Guardian - September 13th, 2026 [September 13th, 2026]
- How to Save Democracy: A Conversation About Authoritarianism - The Rampage Online - September 13th, 2026 [September 13th, 2026]
- 4.7 Million Dead, $8 Trillion: Counting the Devastating Human & Economic Costs of the Post9/11 Wars - Democracy Now! - September 13th, 2026 [September 13th, 2026]
- Midterm aftermath: Conservative judge WARNS Trump's GOP 'biggest threat' to American democracy - Modern Ghana - September 13th, 2026 [September 13th, 2026]
- The U.S. Postal Service said it would launch its mail ballot portal this week. Where is it? - Democracy Docket - September 13th, 2026 [September 13th, 2026]
- Democracy meatballs: why IKEA is the place for Swedes abroad to vote - The Conversation - September 13th, 2026 [September 13th, 2026]
- The importance of voting and protecting our democracy | Letters - Rockford Register Star - September 13th, 2026 [September 13th, 2026]
- Letter: Informed democracy is a healthy one - Lincoln Journal Star - September 13th, 2026 [September 13th, 2026]
- Democracy is learned: That's why we're heading back to the classroom | Op-Ed - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- In ominous sign, USPS initially rejected Florida countys mail ballot over spacing issue - Democracy Docket - September 13th, 2026 [September 13th, 2026]
- An artistic expression of democracy: Sunderland native is the creative mind behind 'I Voted' stickers - Greenfield Recorder - September 13th, 2026 [September 13th, 2026]
- Moment of Truth for American Democracy with Hedrick Smith - Islands' Sounder - September 13th, 2026 [September 13th, 2026]
- Labours crackdown on Reform donations is a bid to save democracy and itself - The Independent - September 13th, 2026 [September 13th, 2026]
- How these four history-making House speakers are trying to protect the future of American democracy in their states - inquirer.com - September 13th, 2026 [September 13th, 2026]
- Opinion: Sovereign individuals are a threat to democracy in the United States and Canada, too - The Globe and Mail - September 4th, 2026 [September 4th, 2026]
- How volunteerism helped build American democracy and why it still matters - Morristown Green - September 4th, 2026 [September 4th, 2026]
- Fight for Democracy Urge Governor Newsom to Sign the CVRA of 2026 - lwvc.org - September 4th, 2026 [September 4th, 2026]
- The Future of Democracy - The Contrarian - September 4th, 2026 [September 4th, 2026]
- Preserving our democracy must be the midterms overriding issue - The Boston Globe - September 4th, 2026 [September 4th, 2026]
- FBI subpoenas Nevada election chiefs office for voter-related information - Democracy Docket - September 4th, 2026 [September 4th, 2026]
- McCaa: Democracy depends on trust. We must get it back - Dallas News - September 4th, 2026 [September 4th, 2026]
- Online Gender-Based Violence Is on the Rise. Heres Why Democracy Funders Should Care - Inside Philanthropy - September 4th, 2026 [September 4th, 2026]
- Conspiracy theories were supposed to destroy American democracy. Instead, they might be saving it. - The Fulcrum - September 4th, 2026 [September 4th, 2026]
- The shadow of the AfD hangs over German democracy but I still have faith in my adopted country | John Kampfner - The Guardian - September 4th, 2026 [September 4th, 2026]
- Venezuelans: Trump's real crime isn't taking your oil it's obstructing your democracy - WLRN - September 4th, 2026 [September 4th, 2026]
- Democracy Digest: Poland Investigates Arson of Drone Factory as Suspected Russian Sabotage - Balkan Insight - September 4th, 2026 [September 4th, 2026]
- Windsor: Parenting through the fall of democracy is no easy feat - The Press Democrat - September 4th, 2026 [September 4th, 2026]
- Democracy is in the trash, and that's a good thing | Mathews - Ventura County Star - September 4th, 2026 [September 4th, 2026]
- First years attend panel on protests and Yales place in democracy - Yale Daily News - September 4th, 2026 [September 4th, 2026]
- Will AI save or ruin democracy? It depends on whether we allow computers to stand in for people - The Conversation - September 4th, 2026 [September 4th, 2026]
- USPS approves North Carolinas mail ballot design on eve of sending them to voters - Democracy Docket - September 4th, 2026 [September 4th, 2026]
- Being a councillor is still a difficult career for women why this matters for democracy - The Conversation - September 4th, 2026 [September 4th, 2026]
- Can democracy survive the rise of extreme wealth? - DW.com - August 29th, 2026 [August 29th, 2026]
- Why Top Investors are Turning to Democracy: Meet the "Investors for a Better America" Initiative. - The Fulcrum - August 29th, 2026 [August 29th, 2026]
- Would Wartime Elections Save Democracy or End It? - War on the Rocks - August 29th, 2026 [August 29th, 2026]
- Whats next in the legal battles over Trumps attack on mail voting - Democracy Docket - August 29th, 2026 [August 29th, 2026]
- Damon Wilsons Remarks at Beyond the Taliban: Five Years of Afghan Resilience and Resistance - National Endowment for Democracy - August 29th, 2026 [August 29th, 2026]
- Mobile writing event will explore freedom and democracy - University of Pittsburgh - August 29th, 2026 [August 29th, 2026]
- A positive example for others to follow Future of social democracy - IPS Journal - August 29th, 2026 [August 29th, 2026]
- Why holding elections now may not be the best safeguard for Ukrainian democracy - The Conversation - August 29th, 2026 [August 29th, 2026]
- 'Democracy in Action': New Memphis coalition working to increase voter turnout - Action News 5 - August 29th, 2026 [August 29th, 2026]
- Trumps Contested Order to Restrict Mail-In Voting Could Disenfranchise Millions: Ari Berman - Democracy Now! - August 29th, 2026 [August 29th, 2026]
- 5-Year-Old Liam Tadeo and His Father Deported to Mexico - Democracy Now! - August 29th, 2026 [August 29th, 2026]
- Statement on the Anniversary of the March on Washington - Democracy Defenders Action - August 29th, 2026 [August 29th, 2026]