The filibuster must fall to save the republic 

The U.S. Senate was designed for serious debate, thoroughly vetting and refining laws before they are deployed to reshape the nation. In practice, though, the upper chamber has become a graveyard for bills, thanks to the filibuster’s 60-vote threshold. Why? While all legislation passes by majority, both starting and ending debate requires a supermajority. 

I used to defend keeping the filibuster intact, arguing only to eliminate the now-abused motion to proceed, which lets senators kill measures without ever debating them publicly. That change would force transparency and votes on the record, while preserving the second filibuster for compromise.  

But Democrats’ recent statements and the party’s leftward shift have changed my mind.  

Chuck Schumer, then Senate majority leader, made it clear last August that Democrats would end the filibuster if they won big in 2024: “We got it up to 48, but, of course, Sinema and Manchin voted no; that’s why we couldn’t change the rules. Well, they’re both gone, Ruben Gallego is for it, and we have 51. So even losing Manchin, we still have 50.”  

With moderates like Manchin and Sinema gone, a Democratic Senate majority will easily find enough votes to nuke the filibuster. Had Democrats won in 2024, it would have been bye-bye filibuster and hello court-packing, extreme expansion of voter eligibility, and D.C. and possibly Puerto Rican statehood, creating a near lock on enduring Democratic Senate and House majorities. 

President Trump’s election stopped Schumer’s plans, at least temporarily. This month’s off-year pummeling in New Jersey, Virginia and New York reminds Republicans how quickly their fortunes can reverse.  

Blue states these may be, but the GOP did serious backsliding with independents and women. Republicans should take note: Unless they can make a better case that theirs is the way to affordability (which it is), midterms will be bleak. If the GOP loses the House and Senate, Trump’s agenda stalls, and we’re back to impeachment and a likely Democratic presidency in 2028.  

What about the senators who crossed the aisle to end the shutdown?  

In the January 2022 filibuster fight, the one where Manchin and Sinema were its last defense, all but one voted to end the filibuster. That leaves Pennsylvania Sen. John Fetterman, who wasn’t yet in the Senate and is therefore an unknown. 

This window between now and the midterms may be the GOP’s last chance to right the ship before it lists hard left. Trump needs to frame the call for an end to the filibuster as the only way to gain major reforms that could reshape the nation. Here’s a wish list:

First, restore trust in elections with verifiable systems, paper trails, and real penalties for fraud — not half-measures, but safeguards to ensure every vote counts fairly. 

Second, codify DOGE cuts and eliminate departments and entities that achieve nothing beyond increasing costs. Hand the president a machete to hack through the administrative jungle. Grant authority, resolving many of the outstanding lawsuits, to fire bureaucrats, sunset agencies and curb unelected overreach. 

Third, the Senate should enact legislation to finally transform our health care system. President Trump signed executive orders to radically bring down costs across the board through price transparency. But the administration is primarily working on rules that affect less than 10 percent of costs tied to retail prescription drugs. Target the opaque 90 percent to achieve a transparent and functional market so patients can choose the $300 MRI over the $3,000 one, and stop overcharging fraud and errors. Returning power to patients by funding health care savings accounts (HSAs) only really works if there are upfront prices people can see,  and choice. Without that there is no market. The ability to see prices in advance will significantly lower prices for patients and businesses, helping solve affordability without mandates. 

Fourth, move constitutional amendments to fix the Supreme Court at nine justices and keep D.C. a federal district. 

Fifth, even supporters of free markets and robust trade recognize that the president’s ability to impose and withdraw tariffs creates critical negotiating leverage — not only to protect America’s economic interests, but also our national security. Should the court rule against the president, the legislature could restore that negotiation tool.  

Finally, tackle the debt crisis head-on: cut federal spending back to pre-COVID levels adjusted for inflation, and pass Rand Paul’s Six Penny Plan, which, by cutting just 6 percent annually would balance the budget in five years, reining in inflation and creating an even stronger growth engine in the private sector. 

This isn’t scorched-earth politics; it’s surgical strikes for the survival of the American system of limited government and a market economy.  

The filibuster, once a tool for deliberation, now shields inaction while Democrats plot its demise. Republicans shouldn’t hesitate; act now, or risk a future where the opposition rewrites all of the rules.  

Heather R. Higgins the CEO of Independent Women’s Voice and the president of Suasion Insights.