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The Democrats have recently, and frequently, denounced the filibuster as an anti-democratic relic that hinders the ability of government to get anything done. But they can't get rid of the filibuster right now, because they don't have the votes to pass it.

We focus a lot on Manchin and Sinema. But the reason the filibuster persists isn't because two Senators object to removing it. It's because fifty-two Senators object to removing it. Because obviously every member of the GOP is objecting to getting rid of the filibuster while the Democrats have a trifecta - control of both chambers of Congress and the Presidency. The same dynamic will happen if, as and when the GOP gets a trifecta. Every Democratic Senator will then oppose getting rid of the filibuster.

So here's a thought: why not eliminate the filibuster, but do it during a Congress when neither party has a trifecta?

In other words, suppose the Democrats lose the House or Senate (or both) in 2022. Biden will still be the President, so neither party will have a trifecta. Neither party would know, in advance, which party would be the first party to have the first trifecta without a filibuster. Everyone would have to assess the wisdom of eliminating the filibuster as a policy in the abstract, not just whether they would like to get rid of the filibuster for their party first? It's sort of like the discussion we had in the voting rights thread - one way of making sure that rules are 'just' is if they get agreed upon before any one knows for sure who benefits.

Would people support eliminating the filibuster it it were done at a time when neither party would immediately benefit?

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