In praise of Susan Collins’ persistent bipartisanship — The Hill

In praise of Susan Collins’ persistent bipartisanship — The Hill

 

After Susan Collins, the veteran Republican senator from Maine, cast the decisive vote to confirm Brett Kavanaugh to the Supreme Court in October 2018, she instantly became the target of angry Democrats across the country determined to defeat her in 2020. Yet despite a tidal wave of activism, outside money and an impressive opponent, State House Speaker Sara Gideon, against her, Collins was reelected comfortably to a fifth Senate term, by nine points, even as Joe Biden won Maine by the identical margin. In a bitterly polarized America, where ticket splitting had become a thing of the past, Maine was the only state that produced such a divergence between the presidential race and the Senate.

The notoriously independent Maine voters got it right. Collins immediately repaid Maine’s voters, and the country, by spearheading a group of moderate senators — Democrats, Republicans and independent Angus King(Maine) — to produce a $900 billion coronavirus relief package, breaking the months- long stalemate that inflicted suffering on millions of Americans and threatened to derail any economic recovery. This year, Collins plunged back into the bipartisan effort to produce the largest piece of infrastructure legislation ever passed.

This is nothing new for Collins, who first came to Capitol Hill at the age of 21 to work for Congressman William Cohen (R-Maine), who served on the House Judiciary Committee considering the impeachment of Richard Nixon. Collins later worked for Cohen as a Senate staffer through 1986, and then returned to Maine to join the cabinet of Republican Governor John “Jock” McKernan. When Cohen unexpectedly decided to retire from the Senate in 1996, Collins upset Maine’s former Governor Joe Brennan (D) to win the Senate seat. Understandably elated to be a senator, Collins was struck by how much more partisan the Senate had become in the ten years since she left Capitol Hill.

From her arrival, Collins has tried to help recreate the Senate in which she came of age: a Senate based on trust and mutual respect, which could legislate through principled compromise and bipartisanship. She has also been determined to serve Mainers, and the country, as an independent player doing what she thinks is right.

In 2009, Collins defied great pressure from Senate Minority Leader Mitch McConnell (R-Ky.) to become one of only three Republicans who made it possible to enact President Obama’s economic stimulus legislation. In 2017, she joined John McCain (R-Ariz.) and Lisa Murkowski (R-Alaska) in thwarting McConnell’s effort to repeal the Affordable Care Act. In 2020, Collins was the only Republican to vote against the confirmation of Amy Coney Barrettrammed through the Senate in the closing days of the presidential campaign. She later became one of seven Republican senators who voted to convict Donald Trump in his second impeachment trial.

Other senators have stepped forward to work for a more bipartisan Senate — most notably, Joe Manchin (D-W.Va.), but also Mark Warner (D-Va.), Kyrsten Sinema (D-Ariz.), Jeanne Shaheen (D-N.H.), Bill Cassidy (R-La.), Richard Burr (R-N.C.), Mitt Romney (R-Utah), King and Murkowski. This year, Rob Portman (R-Ohio) has been a tireless architect of the bipartisan infrastructure effort.

The emergence of this group is heartening; as Warner put it after the strong Senate vote to advance the legislation: “Everybody knows what people’s strengths and foibles are. If this group of people had not worked together before, I don’t think we would have gotten there.”

But Collins was playing the independent, bipartisan role long before the others came to the Senate, and those decades of experience and accomplishment count. She was among the first Republican senators to congratulate Biden on his victory, stepping forward as others stayed silent, allowing Trump’s lies about election fraud to spread. Her friendship with Biden, grounded in 12 years in the Senate together and a similar approach to legislating, has been critical to legislative accomplishments since the election.

Collins cast the decisive vote to confirm Brett Kavanaugh based on reasoning that was unpersuasive. And Collins undoubtedly regrets her naïve expression of confidence that Trump learned something from his first impeachment. But men and women who spend their lives in what Teddy Roosevelt memorably called “the arena,” should not be judged against some standard of perfection. Every person who has ever been in politics (with the possible exception of Lincoln) has made mistakes, or taken decisions that they later regret. It is Collins’ overall record that distinguishes her. America has been in a long period of poisoned, polarized politics, during which the Senate, which depends on bipartisan comity, has spiraled downward.  Against that fierce tide, Collins has managed to be a real senator, putting country over party, and a positive force for good for America.

I was a Senate insider once, but that period ended 35 years ago. In writing about the contemporary Senate, I have chosen not to speak to current senators, including Collins (a friend from our Senate staff days). I rely on public sources to assess what senators and the Senate have said and done, or have not said and done. Having an idealistic view of what senators can accomplish and what the Senate should be, I was shocked and angered by the failure of McConnell’s Senate to perform the fundamental responsibility that our founders gave it; checking a renegade president whose abuses of power threatened our democracy, and whose irrational behavior caused several hundred thousand Americans to die needlessly.

It falls to this Senate, led by Chuck Schumer (D-N.Y.), to work with Biden and the Democratic House to bring back our country. I have no doubt that Collins and the bipartisan group that has emerged will continue to play a crucial role.


Ira Shapiro, the author of “The Last Great Senate: Courage and Statesmanship in Times of Crisis and Broken: Can the Senate Save Itself and the Country?” is completing his Senate trilogy with a book about the Senate during the presidencies of Donald Trump and Joe Biden.

How Joe Manchin Could Make the Senate Great Again — The New York Times

How Joe Manchin Could Make the Senate Great Again

The United States urgently needs a functioning Senate, which operates, in the words of the former vice president and senator Walter Mondale, as “the nation’s mediator.” Unfortunately, what we have instead is a body that, among other things, cannot pass a bill to create an independent commission to examine the Jan. 6 insurrection or to defend national voting rights.

Senators must confront what has proved to be a debilitating obstacle: the legislative filibuster — more precisely, the minimum 60-vote supermajority requirement for most legislation.

This problem has fallen to Senate Democrats, who hold a narrow majority, and Senator Joe Manchin of West Virginia will be a decisive vote for any reform of the arcane rule. Mr. Manchin has defended the need for the filibuster, often citing the legacy of his predecessor Robert C. Byrd.

Mr. Byrd was the keeper of the Senate flame: The longest-serving senator and its foremost parliamentarian and historian, he never stopped believing that the Senate was “the premier spark of brilliance that emerged from the collective intellect of the Constitution’s framers.”

He might be an inspiration to senators like Mr. Manchin as they consider the filibuster, but that inspiration should push against devotion to an outdated, often abused and damaging rule. The filibuster should not shape the workings of the Senate, but the other way around. For Mr. Byrd and other senators of his era, the overriding goal was to ensure not that certain rules were respected above all else but that the Senate could deliver for the nation — even if it meant reforming rules like the filibuster.

The arc of Mr. Byrd’s half-century career in the chamber is instructive. In the deliberations around the 1964 Civil Rights Act, he conducted one of the most disgraceful filibusters in Senate history, joining a two-month effort by Southern senators to derail the landmark legislation. But about 13 years later, Senate Democrats showed their confidence in his changed attitude by making him majority leader. He repaid their trust by becoming one of the greatest leaders in Senate history (and later expressed regret for that filibuster).

Mr. Byrd once said that “filibusters are a necessary evil, which must be tolerated lest the Senate lose its special strength and become a mere appendage of the House of Representatives.” But his later actions clearly demonstrated a changed view of the uses and potential abuses of the filibuster. The nightmare scenario of a paralyzed Senate that could not pass urgent legislation was always on his mind.

When he became Senate majority leader in 1977, Mr. Byrd confronted an ingenious form of obstruction utilized by Senator Jim Allen, a conservative Democrat from Alabama — the postcloture filibuster. Mr. Allen found a way to delay the passage of bills by filing numerous amendments and requesting attendance calls even after 60 senators had agreed to invoke cloture, meaning that debate was coming to an end.

Mr. Byrd recognized this obstruction as a mortal threat to a functioning Senate. Working with Vice President Walter Mondale, who was presiding in the Senate, Mr. Byrd moved forcefully to crush the next post-cloture filibuster in 1978 (this time brought by two liberal Democrats).

At the beginning of the next Congress in 1979, Mr. Byrd and the minority leader, Howard Baker, created a bipartisan group that worked out a major revision of the rules to curb the use of postcloture filibusters. In the 1980s, Mr. Byrd orchestrated a series of parliamentary rulings to further restrict the filibuster.

Filibusters used to be real but rare, reserved for truly major issues. The constant use of the filibuster as a partisan weapon is a product of the past two decades, particularly the last 12 years, correlating with the Senate’s downward spiral into bitterness and gridlock. When the Senate was at its best — from the 1960s through the 1980s — it regularly had intensive debates and passed major legislation without filibusters. The Senate often approved landmark legislation with fewer than 60 votes, including the loan guarantees needed to rescue New York City in 1978 and the Chrysler Corporation in 1979. Each passed with 53 votes, because the senators were satisfied that the issues had been debated fully.

It is fundamental to the distinctive nature of the Senate that the minority party must have its rights protected. But the best way to do that is through regular order — a legislative process that involves public hearings, committee work in which bipartisan understanding of issues develops and principled compromise occurs, and a vigorous amendment process and serious debate on the Senate floor, leading to a final vote, with the majority prevailing.

Moreover, there is no convincing rationale for establishing two classes of legislative action. It should be unacceptable that the $2.1 trillion tax cut in 2017 or the effort to repeal the Affordable Care Act could be done by majority vote (through reconciliation) but that 60 votes are required before helping the Dreamers, requiring background checks for guns, combating climate change or protecting the right to vote.

A Senate that operates by majority vote empowers Mr. Manchin and other dealmakers from both parties because their votes become decisive. A minimum 60-vote requirement empowers obstructionists, particularly one named Mitch McConnell, who has turned the Senate into a partisan instrument to block Democratic presidents from governing.

This year, Mr. McConnell disabused any naïve observers who thought his long relationship with President Biden would change his behavior, getting every Senate Republican to oppose the president’s popular American Rescue Plan. Mr. McConnell more recently stated that he was “100 percent focused” on stopping the Biden administration. He deserves to be taken at his word but not permitted to hold the Senate, and our country, hostage.

Today’s Senate includes many able public servants on both sides of the aisle. They should give themselves the opportunity to work with the Biden administration to hammer out the laws that America needs rather than lock themselves into preordained paralysis and failure.


Ira Shapiro, a former Senate staffer, is the author of “The Last Great Senate: Courage and Statesmanship in Times of Crisisand “Broken: Can the Senate Save Itself and the Country?