Harris suggests “nuclear option” to restore abortion rights

The US Congress meets in the Capitol building, a resplendent, imposing building influenced by ancient Greek and Roman architecture. It gives the legislative seat of government a sense of sturdiness and power. Understandably, any significant shift to how the Senate or House works will feel drastic—and for good reason. 

So, when Vice President Kamala Harris said she thinks the Senate “should eliminate the filibuster for Roe [vs. Wade],” it raised concern. However, she’s not the first politician to suggest that the Senate ditch that procedural hurdle. In 2017, Trump wrote, “The very outdated filibuster rule must go” after the Senate failed to secure the votes necessary to overturn Obamacare. 

So, what is the filibuster? Why do some people think it’s an outdated rule, and others, a key component of the Senate? 

The history of the filibuster

The Senate debates over policy, budget, and other measures. Early on, they would vote on the motion to end the debating period by the simple majority (more than half), then vote on the legislation, again, by simple majority. In 1806, Vice President Aaron Burr argued the motion was redundant, so they cut it out. 

However, this rule led to the unintended consequence that Senators could theoretically debate forever, effectively halting the Senate proceedings. This became known as the filibuster—a derivation of the Dutch and Spanish words for pirate—referring to the way a Congressman could “kidnap” the entire Senate. It was used sparingly in the 19th century, most notably by Senator Calhoun, who attempted to use it to block legislation concerned with banking, and then later, to defend slavery. 

In 1917, in response to President Woodrow Wilson’s call to end filibustering, the Senate compromised and adopted rule XXII, which allowed them to call for “cloture.” With this rule, a two-thirds vote would end debate and any filibustering activities. In 1975, the Senate lowered the threshold to three-fifths rather than two-thirds. 

What is the “nuclear option?” 

As it stands, with a few exceptions, most legislation can be filibustered. Practically, to pass almost anything, Congress must now gain the approval of sixty Senators rather than a simple majority. The “nuclear option” is a procedure that allows the Senate to overrule the normal necessary sixty votes needed to invoke cloture. Why it works is complicated, but it was termed the nuclear option because it has sweeping consequences for both sides. 

In 2013, Democrats used the nuclear option to block filibustering of President Obama’s executive branch appointments. In 2017, Republicans used the nuclear option to remove the filibuster against President Trump’s Supreme Court nominations. Both moves mean that Supreme Court and other executive branch appointments cannot be filibustered. 

Arguments for and against eliminating the filibuster

Many Senators want to maintain the status quo, including Joe Manchin and Mitch McConnell. While Vice President Harris’ remark about the filibuster sparked backlash, the comment likely meant making an exception for abortion legislation rather than completely elimination of the filibuster. However, it’s likely that this “exception” would set a precedent that would, essentially, eliminate the filibuster. 

Those in favor of eliminating the filibuster say Congress was never meant to take three-fifths votes to pass legislation. Political scientist Norm Ornstein, with American Enterprise Institute, says, “We’re finally seeing, I think, a level of frustration, over the misuse of the filibuster, not as an infrequently applied tool by a minority on an issue about which they feel very, very strongly, but as a cynical weapon of mass obstruction.” 

Those opposed say it would cause chaos in Congress and give too much power into the hands of the simple majority. The filibuster forces the Senate to compromise by gaining a three-fifths majority rather than just the simple one. For example, Rachel Bovard, with the Heritage foundation, writes, “Far from being simply a weapon of obstruction, the filibuster actually forces compromise. The framers designed the Senate to be a consensus-driven body. If a majority party knows they need to garner 60 votes to end debate on a bill, the necessity of working across the aisle, negotiating, and finding areas of agreement becomes imperative, rather than optional.”

While both sides present convincing points, what’s clear is that if one side uses exceptions and the nuclear option, the other side will too when they’re in power. 

Does absolute power corrupt, absolutely? 

Lord Acton, the later 19th century historian, famously wrote, “Power tends to corrupt, and absolute power corrupts absolutely.” I tend to think poor and wealthy, weak and powerful, are corrupted and corruptible. Instead, in the final analysis, what matters is strength of character. 

Character may grow in many ways, but the surest and deepest way is to abide in Christ (cf. John 15). Jesus’ teaching is more radical than this, however. “Abide in me, and I in you. As the branch cannot bear fruit by itself, unless it abides in the vine, neither can you, unless you abide in me… for apart from me you can do nothing.” (John 15:4-5)

Jesus’ hyperbole drives home the point that apart from his transforming power, all our behaviors are hopelessly tangled up in the brokenness of the world and the sinfulness of our motivations. That is why humility and meekness, submitting our power to the Father’s will, is how we ultimately do good in the world. 

While I’m grateful for the US’ Constitution, set up to limit government power and stave off tyranny, it cannot protect us from the brokenness of this world. The US is not God’s chosen people; America is ultimately a repetition of the biblical motif of Babylon—it is a power of the world.

While the upcoming election and matters of the US Congress seem distant and somewhat beyond our control, what we can control is our daily abiding. In our own spheres of influence, no matter how big or small, “what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?” (Micah 6:8)

Are you abiding in Christ? How can you start, today?