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"This is so important," said Rep. Pramila Jayapal. "Congress needs to step up and codify abortion rights—and we do that by ending the filibuster."
The Democratic presidential nominee, U.S. Vice President Kamala Harris, on Tuesday endorsed eliminating the filibuster to codify Roe v. Wade, the federal abortion rights ruling that was overturned two years ago.
"It is well within our reach to hold onto the majority in the Senate and take back the House," Harris, a former U.S. senator, told Wisconsin Public Radio. "I would also emphasize that while the presidential election is extremely important and dispositive of where we go moving forward, it also is about what we need to do to hold onto the Senate and win seats in the House."
"I think we should eliminate the filibuster for Roe," she continued. "And get us to the point where 51 votes would be what we need to actually put back in law the protections for reproductive freedom and for the ability of every person and every woman to make decisions about their own body and not have their government tell them what to do."
Multiple current lawmakers joined a wide range of reproductive rights advocates in welcoming Harris' comments about ending the filibuster, which requires 60 of the Senate's 100 members to agree to hold a final vote on a bill.
"This is so important," said Rep. Pramila Jayapal (D-Wash.), who chairs the Congressional Progressive Caucus and has shared her own abortion story. "Abortion access is under attack as extreme MAGA Republicans pass cruel laws to strip away our rights. Congress needs to step up and codify abortion rights—and we do that by ending the filibuster."
Unable to pass any defenses of reproductive healthcare in the divided Senate, Majority Leader Chuck Schumer (D-N.Y.) has instead held recent votes on legislation regarding abortion, birth control, and in vitro fertilization (IVF) to call out Republicans.
"The filibuster is an undemocratic rule that prevents us from passing policies that a majority of Americans want. Look no further than last week's IVF vote," Sen. Tina Smith (D-Minn.) said Tuesday. "Could not agree more with Vice President Harris."
The Hill reported that after Harris' comments, Schumer told journalists that if Senate Democrats retain their majority next year, they will discuss creating an abortion "carveout" in the filibuster rule to pass abortion rights legislation.
Meanwhile, the campaign of former President Donald Trump, the Republican nominee for the November election, claimed on social media Tuesday that Harris' position is a "real threat to democracy."
In response, Nina Turner, a senior fellow at the Institute on Race, Power, and Political Economy, declared that "the filibuster is anti-democratic in nature. It's a rule that takes the votes necessary in the Senate from 50 to 60."
Another critic of Harris' position was
retiring Sen. Joe Manchin (I-W.Va.), a key supporter of the filibuster. According to CNN's Manu Raju, the former Democrat—who left the party in May—responded to the vice president's remarks by saying, "Shame on her."
"She knows the filibuster is the Holy Grail of democracy. It's the only thing that keeps us talking and working together. If she gets rid of that, then this would be the House on steroids," Manchin continued, adding that he wouldn't support Harris for president.
Veteran Democratic political strategist Tom Bonier
said that "defending 'the filibuster' over women's bodily autonomy is one heck of a way for Joe Manchin to leave the scene. Though I imagine this lack of endorsement helps Harris much more than it hurts her."
While Manchin was a Democrat, he was a major obstructionist of the party's agenda under President Joe Biden—who backed a filibuster carveout for legislation to codify abortion rights in 2022. The other primary defender of the filibuster is Kyrsten Sinema (I-Ariz.), who ditched the Democratic Party later that year and is also leaving the chamber after this term.
In the absence of federal legislation, GOP state lawmakers have ramped up efforts to restrict reproductive freedom since the U.S. Supreme Court's right-wing justices—including three Trump appointees— reversed Roe with their June 2022 Dobbs v. Jackson Women's Health Organization decision.
Given the Republican-led attacks, reproductive freedom has been a major focus of the presidential contest. While Trump has
bragged about his role in reversing Roe, Harris has blamed him for states' recently enacted and deadly abortion bans.
It is "great to finally hear Kamala Harris be clear as our candidate about ending the filibuster to restore abortion rights nationwide," For All founder Kai Newkirk said Tuesday. "Abolishing the Jim Crow relic minority veto is essential to undo abortion bans and deliver the progress our nation needs."
Gerrymandering and the filibuster are holding back wage increases, the right to unionize, and other benefits for workers.
New waves of workers are standing up and demanding fair treatment on the job — from the fast food workers of the Fight for $15 to the workers at companies like Starbucks, Trader Joe’s, and Volkswagen that are fighting for a union and a fair contract.
But as these workers have made significant gains, they’ve simultaneously run into huge barriers: our broken democratic systems. That’s why one of the most important priorities for advancing worker power is democracy reform.
In particular, that means reforming the anti-democratic filibuster in the U.S. Senate and ending partisan and racial gerrymandering, which have made state legislatures unresponsive to worker needs.
Take the Fight for $15. Over the last decade, the brave workers driving this inspiring campaign have won wage increases in half the states and scores of cities. As a result, about half of our workforce will soon be covered by a $15 minimum wage — one of the highest among industrialized countries. But the other half languishes with one of the lowest minimum wages in the developed world. The federal minimum wage remains frozen at a paltry $7.25.
Despite the fact that more than 80 percent of Democratic, independent, and Republican voters want to raise the minimum wage, no Republican-led legislature has passed a genuine increase in decades. Many have not only blocked state wage increases, but also passed punitive “preemption” laws to prevent cities from stepping in to ensure fair wages. Not coincidentally, many of these are among the most gerrymandered.
At the federal level, there’s a similar dynamic: Republicans in the Senate have used the anti-democratic filibuster for years to block increases in the federal minimum wage despite strong voter support.
Workers fighting to form a union face similar roadblocks. Employees who demand a fair shake routinely face retaliation from their employers — and those who defy the odds and win a union election often endure years of stonewalling as corporations refuse to negotiate a contract. Others, such as app-based workers at Uber and Doordash, have been denied the right to unionize at all.
The PRO Act would remove these roadblocks and modernize our broken labor laws to give workers a real opportunity to join a union and negotiate with their employers over fair pay and benefits, protection against extreme heat, how AI is deployed in their workplaces, and more.
But while 70 percent of voters, including a majority of Republicans, back the PRO Act, the threat of a Republican filibuster in the Senate prevents it from advancing.
Fortunately, there’s new and long overdue momentum for addressing these anti-democratic roadblocks.
Senator Chuck Schumer announced recently that if they win this year, Democrats plan to prioritize key democracy reforms, including reforming the filibuster to empower a simple majority of the Senate to pass the Freedom to Vote Act and John Lewis Voting Rights Act. These crucial voting rights bills include new limits on racial and partisan gerrymandering — the practices that have made many state legislatures so unresponsive to worker needs.
But safeguarding fair elections is only the first step. The next step must be removing the filibuster — which has a long and ugly history of being used to deny people of color basic rights in our nation — as an obstacle to restoring protections for workers. In an echo of Jim Crow, senators today are using the threat of a filibuster to protect a broken labor law system that denies all workers, and especially workers of color, a fair chance to join a union and earn a decent minimum wage.
The rights of workers to earn a living wage and have a voice in their workplaces are fundamental for our democracy. The key next steps for making those rights real is to restore our democracy by ending both gerrymandering and the filibuster.
"It is shameful that despite the significant advances made in recent history, Americans continue to face discrimination on the basis of sex and lack equal rights in the Constitution," said the League of Women Voters CEO.
Equal Rights Amendment supporters on Thursday slammed the vast majority of U.S. Senate Republicans for filibustering a resolution that would make the 100-year-old measure the 28th Amendment to the Constitution.
The 51-47 vote to invoke cloture was short of the 60 needed for final consideration of the resolution. Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) were the only Republicans to join all Democrats present in supporting a vote on the ERA. Sen. Dianne Feinstein (D-Calif.) remains absent from the chamber, recovering from shingles.
"Today is a disappointing day for women," declared League of Women Voters of the United States CEO Virginia Kase Solomón. "Our nation's elected leaders have failed yet again to see us as equal members of this democracy."
"It is shameful that despite the significant advances made in recent history, Americans continue to face discrimination on the basis of sex and lack equal rights in the Constitution," she said. "Inequality hurts everyone, and we must not continue to be a nation that harmfully excludes and marginalizes women."
“We believe in the power of women to create a more perfect democracy, and that includes equal rights under the law, first and foremost," Kase Solomón added. "A strong democracy doesn't discriminate against women but empowers women. We will keep fighting, and we will keep showing up to hold our legislators accountable. Equality is essential to our democracy."
\u201cA minority of Senators just voted to filibuster against #SJRes4, which would have ratified the ERA & provided constitutional equality for half of this country.\n\nIt is unbelievable that in 2023 women & LGBTQ+ people still don\u2019t have equal protection in the Constitution.\u201d— Liz Shuler (@Liz Shuler) 1682617739
Kristin Rowe-Finkbeiner, executive director and CEO of MomsRising, agreed the vote was "a real disappointment," adding that "at this time when moms and women—and especially moms and women of color—face devastating wage discrimination, when our country has failed to adopt the programs and policies that would help parents and all caregivers achieve economic security, and when our bodily autonomy and access to reproductive healthcare is being gutted, all lawmakers from both political parties should support enshrining equal rights for women into our constitution."
"Still, we are encouraged by the fact that this vote took place today; it is evidence that this essential constitutional amendment remains on lawmakers' agenda," she said. "We will build from here. Moms want Congress to pass the Equal Rights Amendment, so states can ratify it at last."
First introduced in 1923, the ERA states:
Section 1: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
Section 2: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Section 3: This amendment shall take effect two years after the date of ratification.
While the amendment passed both chambers of Congress in 1972, it must also be ratified by three-quarters of all state legislatures, or 38 states—a quota that wasn't hit until a 2020 vote in Virginia, decades after the 1982 ratification deadline.
The resolution blocked in the Senate on Thursday—led by Murkowski and Sen. Ben Cardin (D-Md.)—would have eliminated that deadline so the ERA could take effect.
Some amendment supporters in the U.S. House of Representatives marched through the Capitol to the Senate Chamber on Thursday chanting "ERA now!"
\u201cAbout a dozen House members just walked across the Capitol building shouting "ERA! Now!" and have stopped outside the Senate chamber.\u201d— Jennifer Bendery (@Jennifer Bendery) 1682612669
Among them was Rep. Ayanna Pressley (D-Mass.)—co-chair of the Congressional ERA Caucus with Rep. Cori Bush (D-Mo.)—who said after the vote that "once again, Senate Republicans have failed to do the bare minimum to protect our rights and equality."
Signaling that ERA supporters in the upper chamber aren't ready to give up, Senate Majority Leader Chuck Schumer (D-N.Y.) switched his vote to "no" so that he can bring up the resolution again.
The White House said ahead of the vote that the Biden administration supports the resolution, adding that "in the United States of America, no one's rights should be denied on account of their sex. It is long past time to definitively enshrine the principle of gender equality in the Constitution. Gender equality is not only a moral issue: The full participation of women and girls across all aspects of our society is essential to our economic prosperity, our security, and the health of our democracy."
This post has been updated with comment from MomsRising.