WASHINGTON — Get rid of the filibuster, insists Sen. Alex Padilla. His California colleague, Sen. Dianne Feinstein, isn’t so sure.
“Alex Padilla would have given up the filibuster to move forward on voting rights, climate change, immigration reform and more,” he told The Sacramento Bee this week.
Feinstein, a senator since 1992, was more circumspect. “I’m thinking about it,” she said of any change.
She’s not enthusiastic about the idea. “I’ve seen the slowing down of things being an attribute because you should take more time,” she told the Bee. “You study, you look at things not in a rush. I think that’s helpful.”
It usually takes 60 votes to limit debate — and essentially keep alive — legislation in the Senate.
But Tuesday night, the Senate’s 50 Republicans blocked a Democratic bid to enact a sweeping series of voting reforms. Democrats are concerned about lawmakers in some Republican-dominated states that are passing laws that could make it more difficult to vote.
Padilla was California’s secretary of state until January, where he oversaw the state’s elections. He was sworn in to his Senate seat to replace Vice President Kamala Harris.
He is a strong supporter of the Democratic-backed voting bill, known as the For the People Act, which he said would implement nationally many of the policies already in effect in California.
The bill would allow automatic voter registration, allow at least two weeks of early voting, tighten ballot verification and other changes. Democrats are now scrambling to find a compromise that will pass the Senate.
Getting to 51 — Harris would break any tie — is going to be tough. Padilla sees allowing 51 votes to limit debate as an important way to make progress, not just on voting rights, but other legislation that the GOP has stalled.
After the voting rights bill was blocked, he was clearly angry.
“We cannot tie our hands behind our backs or throw our hands up in the air at such a critical moment in history. It’s time to end the filibuster to protect our democracy,” he said.
Feinstein is under pressure from progressive groups, who have been critical of her in recent months. In a letter to the senator Monday, 101 California groups cited her previous reluctance to end the filibuster.
“We are dismayed that such a considered and thoughtful senator as yourself could fail to perceive the danger of the current moment to our democracy and our country,” they said.
Wednesday, Feinstein said “My position is, I’m thinking about it because I recognize it’s an issue, but I came to the Senate with a filibuster.”
She said that in the past, “I’ve never felt there was a big need, because we’ve always been able, even with controversial votes” to pass important legislation. She cited her successful effort to pass an assault weapons ban in 1994. The 10-year ban expired in 2004.
Senate leaders have not committed to seeking a change in the filibuster, as it’s unclear if they could get enough votes for a change.
At least two Senate Democrats, Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, have not supported the change.
Democratic critics of changing the 60-vote requirement have noted that if Republicans win control of the Senate in the future, they could use the 51-vote limit to undo Democratic initiatives.
In 2013, Democrats, frustrated by Republicans’ blocking of some Obama administration judicial nominees, approved a 51 vote majority for limiting debate on certain judges and presidential appointees.
When Donald Trump became president in 2017, and Democrats filibustered the nomination of Neil Gorsuch to the Supreme Court, Republicans changed the 60-vote rule for Supreme Court nominees.
They established the 51 vote threshold, and Trump would win approval of three Supreme Court nominees. None got 60 votes.
Asked about the prospect of Republicans overturning Democratic-authored laws, Padilla said, “That’s a chance I’m willing to take. It’s not like we don’t know what to do on climate — the blueprint is there. But the filibuster keeps it from happening.”
Feinstein was more cautious. “What goes around comes around,” she said.
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