22 September 2020
Former Senate Majority Leader Harry Reid (D-Nev.) on Tuesday addressed the question of whether Democrats will eliminate the legislative filibuster if they take control of the Senate, telling CNN that it's "not a question of if it's going to be gone, it's only when it's going to be gone."
Why it matters: Current Senate Minority Leader Chuck Schumer (D-N.Y.) has said that "nothing is off the table" if Republicans move ahead with replacing Supreme Court Justice Ruth Bader Ginsburg before the election — a threat that likely includes abolishing the Senate's long-standing 60-vote threshold in order to pass sweeping legislation.
- Multiple Democrats have already come out in favor of the move, though eliminating the rule would significantly reduce the ability of the chamber's minority party to block legislation, be that Republicans or Democrats.
- Democrats would have to win a simple majority of 51 seats this year to change Senate rules and eliminate the filibuster, or they could claim a simple majority by gaining at least a total of 50 seats and the White House, using the vice president to break tie votes.
Worth noting: In 2013, Reid eliminated the 60-vote threshold for executive branch and federal judiciary appointments, but not Supreme Court nominations — a decision that some critics say allowed President Trump and Senate Majority Leader Mitch McConnell (R-Ky.) to confirm a record number of federal judges when they took power.
- McConnell later extended the so-called "nuclear option" to Supreme Court nominations during Justice Neil Gorsuch's confirmation.
What they're saying: "I think this is going to be a change election," Reid said. "I believe Biden will be elected by a nice margin, Pelosi will build upon her margin that she has in the House and we're going to retake the Senate."
- "We got a Democratic president. We got Pelosi in the House, and we've got a Democratic majority in the Senate. It's the time to do some really, stunningly important things."
- "And one thing they're going to have take a look at — I don't want to get too far in the weeds — but when we get rid of the filibuster — the filibuster is not a question of if it's going to be gone, it's only when it's going to be gone."
The big picture:Former President Obama endorsed eliminating the filibuster in July in order to pass voting rights legislation, including ending partisan gerrymandering, making Election Day a federal holiday and automatically registering Americans to vote.
- Sen. Bernie Sanders (I-Vt.) endorsed eliminating it the same day as Obama after first rejecting the idea during the Democratic primary debates in 2o19.
It's unclear where Joe Biden stands on the filibuster. He has yet to say if he would direct his Senate allies to pursue abolishing the rule if elected president with a Democratic majority in the chamber.
- He told the New York Times in July that it will "depend on how obstreperous they become,” referring to Republicans.
Go deeper:Democrats consider total war if McConnell jams through Supreme Court nominee
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.
