Sen. Joe Manchin, the moderate West Virginia Democrat whose vote the party will almost surely need to pass laws this year, signaled Sunday that he may be open to reforming the filibuster, a procedural rule that requires 60 votes for many measures, effectively dooming most legislation.
On NBC’s “Meet The Press,” host Chuck Todd asked Manchin if he would be open to a “carve-out” that would allow for election-related measures ― such as the landmark voting rights bill the House passed last week ― to be passed with a simple majority of votes.
Any bill not related to the federal budget is subject to the filibuster and, therefore, the 60-vote threshold. Only fiscal bills can be passed in the Senate along party lines using a process called budget reconciliation, which requires only a simple majority of votes. Democrats used reconciliation to pass the latest round of COVID-19 relief.
Manchin told Todd that he opposes eliminating the filibuster outright because he believes doing so would suppress the minority party’s input. However, invoking the procedure should be more “painful,” he said.
“Now, if you want to make it a little bit more painful, make him stand there and talk, I’m willing to look at any way we can,” Manchin said. “But I’m not willing to take away the involvement of the minority.”
The suggestion appeared to be a nod to filibuster reform proposals that aim to make using it more difficult, including requiring senators to be physically present in the chamber to use the tactic. As it stands today, any senator could impose a filibuster just by sending an email.
During a subsequent interview on “Fox News Sunday,” host Chris Wallace asked Manchin explicitly if he would consider supporting reform that would require a senator to speak from the Senate floor while filibustering.
“This filibuster should be painful,” Manchin said. “It really should be painful. And we’ve made it more comfortable over the years.”
Asked to confirm if he would make it hard to invoke the filibuster, Manchin said he’d “make it harder” to get rid of the filibuster.
“I’m gonna continue to support the filibuster,” Manchin told Fox News. “I think it defines who we are as a Senate. But it should be painful if you want to use it. … Together we’ve gotta make this place work, and it should be harder to invoke pain.”
Support for abolishing the filibuster has grown within the Democratic Party in recent weeks as it’s become clear that key legislation not tied to the federal budget — including measures on civil rights and gun control — will likely be torpedoed by filibustering Republicans.
Sen. Debbie Stabenow (D-Mich.) said Saturday that Democrats needed to have a “discussion” on whether to nuke the filibuster, stating the need to have 10 Republicans join them on “really important, fundamental” legislation presents a major obstacle.
But Manchin and fellow moderate Democrat Sen. Kyrsten Sinema (Ariz.) have steadfastly dismissed their party’s efforts to kill the tactic.
Manchin told Todd on Sunday that he’s “not going to change my mind on the filibuster” but suggested he would consider passing bills along party lines if Republicans continue to obstruct. When pressed on whether he’d go the “reconciliation route” for the voting rights bill, Manchin didn’t say no.
“Let me say this: I’m not willing to go into reconciliation until we at least get bipartisanship or get working together or allow the Senate to do its job,” he said. “There’s no need for us to go to reconciliation until the other process has failed. That means the normal process of a committee, a hearing, amendments, Chuck. And that’s where I am.”
“I’ll change my mind if we need to go … to a reconciliation to where we have to get something done,” he added later. “But I’m not going to go there until my Republican friends have the ability to have their say also.”
President Joe Biden has repeatedly expressed opposition to ending the filibuster, and his communications director told CNN on Sunday that his position hasn’t changed. As the Democratic presidential nominee, however, he did signal in July 2020 that he could be open to eliminating it.
“It’s going to depend on how obstreperous they become,” Biden said at the time of Senate Republicans who might seek to block his administration’s legislative agenda. “But I think you’re going to just have to take a look at it.”
So far, the Senate GOP has offered little hope for bipartisan cooperation.
Though some defenders of the filibuster argue it’s an important, longstanding tradition within the Senate, the procedure is not in the Constitution. (In fact, some legal scholars argue the filibuster is unconstitutional.) Using the filibuster to require 60 votes to pass most major legislation has only been in practice for the last two decades.
Former President Barack Obama has called for an end to the filibuster if it’s used to block sweeping voting reforms. In July, while delivering a eulogy for the late Rep. John Lewis (D-Ga.), Obama called the Senate rule a “Jim Crow relic,” a reference to the historic use of the filibuster to block civil rights legislation.
“If all this takes eliminating the filibuster, another Jim Crow relic, in order to secure the God-given rights of every American,” Obama said, “then that’s what we should do.”