Vice President Kamala Harris and Rowvaughn Wells, mother of Tyre Nichols, called for passage of the George Floyd Justice in Policing Act Wednesday at Nichols’ funeral in Memphis, and now Black congressional leaders are talking about “jumpstarting” negotiations over the bill on Capitol Hill. Rep. Steven Horsford (D-NV), chairman of the Congressional Black Caucus told theGrio he met with Sen. Tim Scott (R-SC) Monday to discuss police reform and that he plans to reach out to other Republican leaders on the issue.

The House passed the bill after President Biden made it a priority last year, but it stalled in the Senate where 10 Republicans were needed to break a filibuster. Better GOP support will be needed because of the new Republican majority in the House. 

What do you think? Go to the Comments section in this column, or the one in the right column if that’s how you lean, or email editors@thehustings.news and type “for the left column” or “for the right column” in the subject line.

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The vote … in the House of Representatives was 220-207 Friday with unanimous Republican opposition to the bill. Approximately $370 billion for curbing harmful emissions and subsidizing green technology counts as the federal government’s “largest-ever investment” in climate change mitigation, according to The Washington Post, and relies on tax law revisions, including a 15% minimum tax on billion-dollar corporations that now pay nothing, plus a new tax on corporate tax buybacks and new funding for the Internal Revenue Service. Democrats claim a $300-billion reduction in the federal deficit, although the fiscal analysis is not yet final, according to WaPo

The Senate passed the bill last weekend along party lines, 51-50, with Vice President Harris breaking the tie.

UpshotThough progressive Democrats will have to get over, or hide, their disappointment that their party’s majority in Congress could not pass the much larger Build Back Better bill, the Inflation Reduction Act of 2022 now stands as the latest and best argument for stanching a Republican wave in November 8th’s midterm elections. Republican candidates are countering with arguments that small businesses and the middle class will be subject to greater harassment by the IRS and inflationary effects from the federal spending.

--Todd Lassa

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COMMENTS: editors@thehustings.news

By Todd Lassa

Before last November’s election, Joseph R. Biden punted on the question of whether he supports killing the Senate legislative filibuster. It’s a move Senate Democrats have been considering at least since it won a majority by the slimmest of margins, with Vice President Harris the tie-breaker for when legislation is split down party lines 

The issue is not the first priority with Senate Democrats, who are moving President Biden’s $1.9-trillion coronavirus relief package via the arcane reconciliation process, which requires a simple majority vote rather than the 60 votes – including 10 Republican senators – necessary when the potential of a filibuster is involved. 

The question is, how much legislation can Biden’s Democratic allies in the Senate pass in the next two years without eliminating the legislative filibuster, which means most bills will require those 10 Republican votes? After January 2023, Democrats either will lose their wafer-thin Senate majority, or will build on it, though it is unlikely either party will gain at least 10 senators in the November 8, 2022 mid-terms. 

Filibuster reformation seems to come up every four years with the presidential election, if not every two years. 

In 2013, then-Senate Majority Leader Harry Reid, D-NV, rallied Democrats to end the filibuster for federal judicial nominees and executive office appointments. Spiking the filibuster, called “the nuclear option,” requires only a simple majority vote. 

Republicans warned that triggering the nuclear option on appointing federal judges would come back to bite Democrats whenever they inevitably lost the Senate majority. 

And they were right. In 2017, then-Senate Majority Leader Mitch McConnell, R-KY, led a majority of his party to end the judicial filibuster for U.S. Supreme Court nominees, paving the way for President Trump’s nomination of Neil Gorsuch as replacement for the late Justice Antonin Scalia. Adding hard-core partisanship to injury, Gorsuch’s Senate approval came the year after McConnell prevented a vote on Obama’s nominee late in his term to replace Scalia, Merrick Garland, who now is Biden’s nominee for attorney general.

In the end, Trump saw his three Supreme Court associate justice nominees get Senate approval in his four years in office, compared with Obama’s two associate justices in eight years. 

The question for Democratic senators now is, how much more of Biden’s agenda could the Senate pass in the next 23 months if just 51 votes were needed? And would it be worth weathering the inevitable Senate and White House flip somewhere off in the future?

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Click on Forum for a new commentary by Stephen Macaulay
Email editors@thehustings.news with reader comments.

By Stephen Macaulay

On January 26, Senate Minority Leader Mitch McConnell (R-KY) tweeted, "I made clear that if Democrats ever attack the key Senate rules, it would drain the consent and comity out of the institution. A scorched-earth Senate would hardly be able to function." 

He was talking about the filibuster. The Senate cloture rule calls for a supermajority, or 60 votes, to cut off debate. The Democrats, who hold a simple majority, would prefer that is all that is required to end debate; odds are, with Vice President Harris as president of the Senate, they would end all debate on subjects and get right to the voting, which they would again, as bill passage depends on a simple majority, come away as victors.

While “scorched-earth” may be a bit of an exaggeration — after all, we’re not talking the Third Punic War here and the salting of the ground upon which Carthage once stood — but a point of trying to uphold what the Senate should be about: being a deliberative body (it would be hard to put “greatest” in front of that term). To deliberate means to debate. To debate, when done properly, means to have an exchange of ideas, of opposing viewpoints.

In one regard it is somewhat ironic that I open with a tweet from McConnell in that it seems too many political issues are now being dealt with in 280 characters, rather than with an open, fulsome, spirited debate.

The Senate structure, as you know, is one where each state has equal representation. (The House, of course, has a structure predicated on population.) The point of the way the Senate is put together is to protect, in effect, the minority, meaning that California and New York can’t step on Wyoming and Vermont.

The Senate cloture rule does the same thing by requiring that there be two thirds, not one half, of the body in agreement that debate ends.

Of course, there’s the question of whether this is too high a bar, if getting cloture is some sort of impossibility. Perhaps that was once the case (or Senators just tended to be more loquacious back in the proverbial day) because from 1917 to 1968 cloture was invoked just eight times.

In 2019-2020 it was invoked 270 times (a record).

There is a feeling that we “must get things done.” A bunch of droning Senators doesn’t seem to be the way that can or will happen.

But McConnell does have a point, with the point being that before important things get done there needs to be sufficient support — by both sides — for its execution to have the positive effects anticipated by its existence.

To simply have a situation that says, in effect, “OK. We’ve had enough. Go back to your desk and put your head down,” isn’t going to be particularly beneficial.

This is not to argue that McConnell is an exemplary politician. He has proven himself over the years to be more of a tactician, a man who makes moves to benefit his, and his party’s, interests.

But there is something to be said for the ability of the minority to be heard in a fulsome manner.

And McConnell ought to know that Senate Majority Leader Chuck Schumer (D-NY) is far from being Cato.

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Click on Forum for new commentary by Stephen Macaulay

By Todd Lassa

Contrasting with the flurry of more than 30 executive orders being signed by President Biden in the last few days and his cabinet picks working their way through the Senate at a rapid pace, things aren't going as well between newly promoted Senate Majority Leader Chuck Schumer, D-NY, and similarly demoted Minority Leader Mitch McConnell, R-KY, and his caucus on how, when and even if to conduct the trial of former President Trump. It appeared the Senate was headed for Trump-style deal-making that would have pit Senate Democrats’ effort to kill the legislative veto and give their 50-plus-Vice President Harris-majority more teeth against Senate Republicans’ wish to delay Trump’s impeachment trial, if not to spike it indefinitely. 

Schumer has since agreed to delay Trump’s impeachment trial to the week of February 8. McConnell on Monday night gave in to Schumer’s demands for a vote to rescind the legislative filibuster that forces a 60-vote majority to pass bills, in exchange for an agreement on Senate organization. But the deal may prove empty if two centrist Democrats, Krystin Sinema of Arizona and Joe Manchin of West Virginia honor their promise to vote with Republicans and retain the filibuster.

In the middle of all this, various news outlets, regardless of alleged political leanings, reported either a.) there are nowhere near the 17 Republican Senate votes needed to accompany an assumed unanimous Democratic vote in order to reach the 2/3-majority necessary to convict; or b.) a sufficient number of Republican senators have privately, anonymously committed to help Democrats reach the 67 votes necessary. 

The least Democrats can count on for now is that Sen. Mitt Romney, R-UT, appears ready and willing to vote for conviction. The editorial We might assume Schumer is also counting on Republicans Lisa Murkowski, of Alaska, Susan Collins, of Maine and Ben Sasse, of Nebraska. Throw in possibly Sen. Rob Portman, R-OH, who has just announced he will retire after three terms, and fellow 2022 retiring Republican Sens. Pat Toomey of Pennsylvania and Richard Burr of North Carolina, perhaps add in McConnell, who has already said he will not whip the Republican caucus on how to vote, count on all Democrats including two independents who caucus with them, and you may be up to 58 votes to convict, nine short of the number necessary to convict. 

Some Republicans who have joined the anti-Trump and never-Trump unofficial sub-caucus and Democrats hope that a Trump conviction will be followed by a vote on whether to ban the former president from ever running for federal office again, which may only require a 51-vote majority depending on the rules set forth for the impeachment trial. 

Because the week of February 8 will mark the first-ever impeachment trial of a former president, Chief Justice John Roberts will not preside. Instead, that honor goes to President pro-tem Patrick Leahy, Democrat from Vermont.

What should happen? What will happen in this historic anomaly? Pundit-at-large Stephen Macaulay tackles those questions for the left column, and contributing pundit Bryan Williams considers the questions on the right.

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Click on News & Notes for details of the impeachment article against former President Trump