If you’ve followed recent Democratic messaging, you’ll have heard that American democracy is under serious attack by the Republican Party, representing an existential threat to the country. If you’ve followed Democratic lawmaking, you’d be forgiven for thinking that the threat is actually a rather piddling one. The disconnect, in this case, isn’t attributable to Democratic embellishment, but to inexcusable complacency.
In his first address to Congress, last month, President Joe Biden established three basic themes—each one invoked in a language of crisis and political urgency: “The worst pandemic in a century. The worst economic crisis since the Great Depression. The worst attack on our democracy since the Civil War.” When it came to the third, Biden was both pointed and emphatic, tying the events of January 6 and the broader effort to delegitimize November’s election to a wider crisis of democracy. “Congress,” he declared, “should pass H.R. 1 and the John Lewis Voting Rights Act and send them to my desk right away.”
Biden is far from the only Democratic leader to have made the connection. In urging the Senate to pass H.R. 1, which would improve voter access and election security, Senator Chuck Schumer (hardly anyone’s idea of a firebrand) said in March that state voter-restriction laws “smack of Jim Crow rearing its ugly head once again.” He went as far as warning that “if we don’t stop these vicious and often racist actions, Third World autocracy will be on its way.” Schumer hasn’t been shy about naming an antagonist, either, citing a “concerted, nationwide effort to limit the rights of citizens to vote” and even declaring that “we won’t let [Republican-controlled legislatures] create a dictatorship in America.”
Granting some room for hyperbole, these dire pronouncements aren’t entirely misplaced. As of March 24, researchers at the Brennan Center for Justice had logged some 361 bills containing provisions that seek to restrict voting—a 43 percent increase from about the same time in February. Many involve the usual suite of suppression methods introduced under the auspices of fairness and transparency (expanded ID requirements, banning same-day voter registration, limiting the use of mail-in ballots, etc.), and one in Arizona even aspires to give the state legislature the authority to override the certification of future presidential-election results by simple majority vote. A recording recently released by The New Yorker’s Jane Mayer, meanwhile, makes more or less explicit that Republican operatives plan to use every tool at their disposal to defeat the renewed push for expanded voting rights, despite its widespread popularity.
Suffice it to say, a concerted right-wing effort really is under way to limit popular democracy and suppress votes. So what are Democrats doing about it? In a legislative sense at least, a cogent and comprehensive response is already in the works, in the form of the two bills cited by Biden in his congressional address. If realized, the John Lewis Voting Rights Act and H.R. 1 (also known as the For the People Act) would constitute the most sweeping acts of democratic reform undertaken in decades. The latter alone would establish automatic national voter registration, independent redistricting commissions for House seats to prevent gerrymandering, expanded mail-in voting, and a number of new measures to reduce the overbearing influence of organized money.
Neither currently seems likely to become law, however. Rhetoric about autocracy notwithstanding, some liberal lawmakers are quietly threatened by aspects of the legislation. A few Black representatives in the South, for example, worry that independent redistricting commissions may cost them their seat. And some establishment figures reportedly fear that more democratically structured contribution rules will embolden left-wing primary challengers propelled by small donations. Senator Joe Manchin, meanwhile, has reiterated his opposition to H.R 1 on the deeply spurious grounds that any prospective voting-rights legislation ought to pass with bipartisan support—a DOA line of reasoning even when it comes to the watered-down version of the John Lewis Voting Rights Act that Manchin himself is proposing.
The single greatest obstacle, though, has to do with the rules governing the Senate, and whether Democrats are ultimately willing to match their language of urgency with a strategy even remotely proportional to it. Due to the chamber’s filibuster rules, most legislation requires 60 votes to pass—an impediment that effectively empowers lawmakers representing only a tiny sliver of the electorate to block policies they dislike at will, including those designed to make American democracy fairer and more inclusive. (Especially frustrating, as the voting-rights expert Ari Berman has pointed out, is that Republican-controlled legislatures face no such supermajority requirement when passing legislation designed to restrict the vote—a kind of “asymmetric warfare” in which those working to preserve minority rule have a majoritarian advantage.)
Although Biden has mused about the idea of reforming the filibuster, he has ruled out its elimination. Manchin, predictably enough, is resoundingly allergic to the idea of change, while his fellow conservative Democrat Kyrsten Sinema ironically stated her emphatic support for H.R. 1 within days of dismissing filibuster reform in an interview with The Wall Street Journal. Schumer, for his part, says that “everything is on the table” when it comes to passing voting-rights legislation, and he has, like Biden, made some noise about at least modifying the filibuster.
One way or another, the next few months will reveal whether their suggestive speculations have any teeth. Liberal lawmakers cannot, on the one hand, contend that a deliberate effort is under way to deprive citizens of the franchise while, on the other hand, preserving an archaic legislative convention specifically designed to limit the power of representative democracy. If Democrats plan to match their rhetoric with action, they must train public attention not only on the existential problem of the Republican assault on voting, but also on the need to eliminate the main obstacle to countering that assault. This means doing whatever it takes to bring holdout senators onside, in private or in public.
Even with the filibuster removed or substantially modified, H.R. 1 and the John Lewis Voting Rights Act would still face barriers to becoming law. But to simply accept these barriers is nonsensical, the product of a fraudulent and conservative “realism” that is really defeatism by any other name. What, after all, is more important: the death of democracy, or the preservation of a Senate tradition that has been leveraged for decades to protect conservative minority rule?