Mike Lee Tells Leadership How to Save the Senate

Senate Majority Leader John Thune warned this week that Republicans could lose control of the Senate in November.

He is not wrong about the danger. Cook has moved Texas and Iowa into toss-up territory. Sabato pulled Kansas off safe. The generic ballot sits at 46 to 40. Prediction markets have swung far enough that Democrats have been showing as favorites to take the chamber, a sentence nobody in Washington expected to write this cycle.

Senator Mike Lee responded publicly, and he did not soften it.

Lee wrote that Thune is mistaken, that Republicans do have the votes to pass the SAVE America Act because they have a simple majority, and that what the conference actually lacks is the will to enforce a talking filibuster and stay in continuous session until the bill passes. His conclusion was three words. It would pass.

That is the sponsor of the bill telling the Majority Leader, in public, that the obstacle is not arithmetic.

What a talking filibuster actually is.

Most Americans picture the filibuster as Jimmy Stewart collapsing on the Senate floor. That is not how it works anymore and has not been for decades.

Under current practice, a senator does not have to say anything. An objection is registered, the threshold quietly becomes sixty, and everyone goes to dinner. The filibuster costs the minority nothing. It is a form that gets filled out.

A talking filibuster restores the price. Senators blocking a bill would have to hold the floor and keep speaking. When they stop, the Senate proceeds. Combine that with continuous session, meaning nights and weekends until it breaks, and the burden shifts to the people doing the blocking.

Here is why this matters for conservatives who have been uneasy about the calls to abolish the filibuster entirely: this is not that. Nobody has to nuke anything. The sixty-vote threshold survives. What changes is that Democrats would have to physically stand on the Senate floor, in October, taking turns explaining to C-SPAN why Americans should not have to prove citizenship to register.

Several House Republicans have been pushing this same mechanism since the spring. Lee is now saying it out loud from the Senate side.

The honest part nobody wants to say.

Even if the SAVE America Act passed tomorrow, it would almost certainly not be in effect for the November midterms. Implementation takes time. States need to build processes. Nobody is rewriting registration rules seventy days out.

Lee has acknowledged this and answered it about as well as it can be answered. The best time to pass it was two years ago, he said. The next best time is today.

But be clear about what that concession does to the argument, because it does not help leadership. It removes it.

If the bill cannot change how November is administered, then the only remaining reasons to bring it to the floor are principle and politics. Both of those favor holding the fight. Force the votes, make the opposition defend the position in public, and let Republican voters see their party fighting for the thing it promised them.

Leadership's position now amounts to declining a fight that costs nothing and might help, on the grounds that it cannot be won on the merits this year.

That is not caution. That is an unwillingness to be seen trying.

The connection Thune is missing.

Republicans hold the money advantage in the fall. Analysts across the board give Democrats the advantage on enthusiasm. Every serious person watching this cycle has said the same thing, and four Democratic primaries in a row have confirmed which of those two actually moves votes.

So when the Majority Leader warns that Republicans could lose the Senate, conservatives are entitled to connect two things he has not connected.

The base was told for a year that election integrity was the signature issue. The Senate adjourned in August without a vote. Six failed cloture attempts and a punt. And when the chamber returns on September 14, the announced calendar shows a district judge on day one and a cryptocurrency bill on day two.

You cannot warn about an enthusiasm problem while declining to do the one thing your most enthusiastic voters have been asking for.

What to ask for.

Not a shutdown. Not the nuclear option. Not a miracle.

A talking filibuster and continuous session. That is Lee's ask, it requires no rules change, and it puts the burden exactly where it belongs.

If Democrats want to block proof of citizenship, let them stand up and do it on camera, for as long as it takes, with the country watching.

Thune is right that Republicans could lose the Senate. He should ask himself why the people who would have to save it are not particularly motivated to try.

 
Mike Lee
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