A long-standing Senate rule that shields the minority party is suddenly looking expendable as Democrats prepare to take power.
Democratic senators are openly leaving the door ajar to eliminating the Senate filibuster as their party readies itself to take control of the chamber, as reported by Fox News. One lawmaker insisted the move must remain on the table, while a colleague cautioned that it could come back to haunt the party.
"Obviously, the filibuster is something that has to be on the table," Sen. Ed Markey, D-Mass., told the outlet when asked about Democrats' plans for the chamber. The Massachusetts senator offered no timeline, but his answer made clear that the 60-vote threshold is now part of the conversation.
Sen. Andy Kim, D-N.J., struck a more cautious tone. He warned that rewriting the rules could carry consequences long after Democrats leave power.
"Some of these things that we see here can be very much a double-edged sword," Kim said. "I'm not saying that's to deter us from doing it if we decide to do it. But I wanna make sure that everyone's clear-eyed about what we're doing."
The stakes are hardly academic. Scrapping the 60-vote hurdle would let Democrats advance most legislation with a simple majority, stripping Republicans of their main tool to block the agenda while handing the GOP the very same advantage whenever it regains control.
The senators were pressed on whether Democrats would move to change the rules while President Donald Trump remains in office or hold off until a potential Democratic presidential victory in 2028. Markey sidestepped the question of timing.
"We're discussing a progressive agenda right now and amongst the other Democratic senators," Markey said. "So I'll be listening to everyone's views on what is the best strategy."
The debate carries a measure of irony. President Trump pressed Senate Republicans to abolish the filibuster during the fight over the SAVE America Act, warning that Democrats would eliminate it themselves if they took back the majority.
Democrats have now won that majority, and the conversation President Trump predicted is already under way. Senate Minority Leader Chuck Schumer, D-N.Y., stayed silent when asked whether he would support getting rid of the filibuster if Democrats also win the White House in 2028.
Schumer's silence comes as progressives scrutinize his leadership and the party weighs who should run the Senate once it takes control. That pressure now has a face.
Sen. Chris Van Hollen, D-Md., announced Thursday that he will run against Schumer for Senate Majority Leader. He has openly embraced terminating the filibuster, going so far as to call it "anti-democratic."
"My personal view has been all along that the filibuster is an anti-democratic provision. It's not in our Constitution," Van Hollen said. "It was put in there by senators to enhance their power over the power of the people."
Defenders of the rule argue that it forces broad consensus and protects whichever party finds itself in the minority. Kim, for his part, cautioned that tearing it down could set a precedent Democrats might later regret.
"When you open the dooryou gotta be ready," Kim said. "You don't wanna shoot from the hip when it comes to really big issues that are affecting our country in this way."
Rather than rushing to nuke the filibuster, Kim suggested the caucus first try to move legislation "through other means." He framed the choice as one that demands careful thought before any vote. "I think we as a caucus would need to think throughwhat would we want to pass such that that would be an obstacle, you know, and I think we should be pushing as much as we can through other means," Kim said.
For now, Democrats are only discussing the idea, and Schumer has not said where he stands. The question will sharpen as Senate Democrats choose their next leader in a closed-door secret-ballot election expected in early December, and Republicans will be watching closely, knowing that any guardrail Democrats discard today would be just as unavailable to them once the majority changes hands again.
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