Senate Democrats to test filibuster in June with election reform and equal pay legislation

Senate Democrats will put the filibuster to the test in June with a lineup of major policy legislation that the GOP is poised to block.

Senate Majority Leader Chuck Schumer told reporters Friday he is running out of patience with the Republicans and the 60-vote threshold required for passing most legislation.

“Democrats are doing everything we can to move bipartisan legislation when we can when the opportunity exists,” the New York Democrat said. “But we will not wait for months and months to pass meaningful legislation that delivers real results for the American people.”

Republicans filibustered the first major bill under the Democratic Senate majority when GOP lawmakers voted Friday to block the creation of a commission to study the Jan. 6 riot at the Capitol. They also stalled a bipartisan measure aimed at making the United States more competitive against China.

It’s not likely to be the last filibuster unless Democrats take steps to lower the threshold for passing legislation from 60 votes to a simple majority of 51 votes.

“I think the events of the last few days probably made every member of our caucus realize that a lot of our Republican colleagues are not willing to work with us on a whole lot of issues — even issues where we try to be bipartisan,” Schumer said.

When Democrats return during the week of June 7, Schumer will bring up a House-passed measure aimed at ensuring men and women receive equal pay for equal work. The House passed the measure in April with just one vote from Republicans, and the GOP is unlikely to provide the 10 votes needed to clear the filibuster threshold in the Senate.

Schumer said he will also bring up a major election and voting reform bill that Republicans unilaterally oppose, saying it will increase voter fraud and will ensure Democrats enjoy an advantage in future elections.

The Senate will also vote for a sweeping gay and transgender rights bill that amends the Civil Rights Act to protect people based on sexual orientation and gender identity. It passed the House with only three GOP votes, and it faces similar Republican opposition in the Senate.

Schumer declined to say that the looming GOP filibusters will provoke Democrats to end the Senate tradition, but he said it would be considered.

“Everything is going to be on the table,” the senator told reporters.

Schumer sent a memo to fellow Democrats Friday, moments after Republicans blocked the Senate from proceeding to legislation that would have created an independent, bipartisan commission to study the Jan. 6 riot at the U.S. Capitol.

Republicans rejected the commission, citing Justice Department arrests and Senate committee investigations, as well as the concern that it would be politically weaponized by the Democrats to tie the GOP with those who were rioting in the Capitol.

But Schumer pointed to the GOP’s obstruction of the commission legislation as an indication that it may be time to abandon efforts to win bipartisanship and instead move to circumvent the Republicans by ending the 60-vote legislative threshold.

Republicans also delayed action on a bipartisan bill to increase America’s competitiveness against China. The bill appeared poised for passage Thursday or Friday, but several Republicans blocked it because they wanted more of their amendments added.

“We’ve seen the limits of bipartisanship and the resurgence of Republican obstructionism,” Schumer said Friday.

The Senate majority leader will need the cooperation of all 50 Democrats to end the filibuster. A small group of Democrats does not support getting rid of the filibuster, led by Sen. Joe Manchin of West Virginia, who has urged bipartisanship instead.

Democrats can avoid the filibuster by using a budgetary tactic that allows them to pass certain legislation with only 51 votes. Schumer is weighing whether to employ such a tactic to pass a major infrastructure bill that is under negotiation between the two parties.

“We try to work with Republicans where we can. But we need big, bold action, and reconciliation is certainly a serious consideration to get that big, bold action if we can’t get it with Republicans,” Schumer said.

Republicans are set to discuss a new round of infrastructure proposals next week with President Joe Biden, who remains eager to strike a deal with the GOP.

Biden’s latest infrastructure proposal would cost $1.7 trillion and include $400 billion for elder care and $100 billion in electric vehicle tax credits. Republicans have proposed a $928 billion infrastructure package that sticks to roads, bridges, waterways, and broadband improvements.

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