Senator Joe Manchin continues to block his support for the filibuster even though his constituents push for change to the Senate rule in order to pass voting rights legislation.
“We need some good rules changes to make the place work better. But getting rid of the filibuster doesn’t make it work better,” Manchin told reporters.
Democrats acknowledge that without the support of Manchin and Senator Kysten Sinema (D – Arizona) for the legislative filibuster, which requires 60 votes for most bills to advance in the Senate, getting rid of it altogether isn’t possible. Instead, they are discussing smaller changes including moving to a talking filibuster, where opponents could delay the bill for as long as they could hold the floor but legislation would ultimately be able to pass with a simple majority. They are also considering a carveout that would exempt voting rights legislation from needing 60 votes.
Democrats are also discussing smaller changes, including shifting from needing 60 votes to break a filibuster to needing 41 votes to sustain it or getting rid of the 60-vote hurdle currently required for starting debate while keeping it in place for ending debate.
But Republicans aren’t expected to support any of those rule changes, meaning Democrats would need to use the “nuclear option” that will allow them to change the rules via a simple majority.
Manchin has not endorsed a rules change option and he has long opposed changing the rules through the nuclear option which create an additional issue for the Democratic Party to make the change they desire.
He added on Tuesday that the rules should be changed by two-thirds of the Senate, referring to the 67 votes needed to change rules outside of the nuclear option.
“We need some good rules changes. We can do that together. But you change the rules with two-thirds of the people that are present so… Democrats, Republicans changing the rules to make the place work better. Getting rid of the filibuster doesn’t make it work better,” he said.
Manchin acknowledged that a talking filibuster is a part of what is under discussion among Senate Democrats and stated, “I’m looking at everything I can to make this place work. …But to break the opportunity for the minority to particulate completely, that’s just not who we are.”
Democrats could change the rules on their own if they could get 50 senators to support the move and put Vice President Harris in the chair to break a tie. But that would require both Manchin and Sinema to support not only changing the filibuster rule but also to change the rules along party lines.
