State lawmaker vows to filibuster all bills until GOP withdraws
February 25, 2023 2:24 PM   Subscribe

Nebraska state Sen. Machaela Cavanaugh (D) on Thursday pledged to filibuster every bill on the state’s legislative agenda this session if two Republican-backed bills seeking to ban both abortion and gender-affirming health care for transgender youth are not immediately withdrawn. [...] “I have nothing, nothing but time,” Cavanaugh said, “and I am going to use all of it.” posted by aniola (32 comments total) 44 users marked this as a favorite
 
Generally not a fan of the filibuster because it's inherently anti-democratic, but I'll give a pass this time.
posted by hippybear at 2:30 PM on February 25, 2023 [15 favorites]


The sight of someone standing up to fight for us is always welcome. And I think the effect of that has a larger effect than just the actual bills passed or not passed into law.
posted by Emmy Rae at 3:04 PM on February 25, 2023 [33 favorites]


Now that's allyship.
State dems in othet states could learn something.
posted by kokaku at 3:27 PM on February 25, 2023 [12 favorites]


Ah, the good old Ernie Chambers play!
posted by escabeche at 3:29 PM on February 25, 2023 [3 favorites]


because it's inherently anti-democratic

If democracy is just about majority rules then it is inherently anti-democratic, but if democracy is also about human rights then it depends.
posted by trig at 3:35 PM on February 25, 2023 [31 favorites]


Here is the Wikipedia page for Ernie Chambers.
posted by aniola at 3:48 PM on February 25, 2023 [9 favorites]


Generally not a fan of the filibuster because it's inherently anti-democratic, but I'll give a pass this time.

This statement bothers me. On the face it sounds like a double standard, but then I realize that in America we don't live under an actual functioning democracy. Winning by any means necessary is the only logical move. And that's what bothers me.
posted by swift at 3:52 PM on February 25, 2023 [31 favorites]


Wow - aniola, I don't think I had ever heard of Senator Chambers before, and I am extremely grateful for the chance to learn about him.

trig, thank you for saying what I was going to say. The filibuster can be an essential tool in overriding the worst cases of tyranny of the majority, and has sometimes served that role in the federal government; it's only among the current obstructionist, anti-democracy Republicans that it's become such a consistently undemocratic wrench.

aniola, thank you for this post - it's great to learn about such an inspiring stand by such an extraordinarily inspiring man.
posted by kristi at 4:00 PM on February 25, 2023 [7 favorites]


Hell yes.
posted by rmd1023 at 4:04 PM on February 25, 2023 [5 favorites]


The filibuster can be an essential tool in overriding the worst cases of tyranny of the majority, and has sometimes served that role in the federal government; it's only among the current obstructionist, anti-democracy Republicans that it's become such a consistently undemocratic wrench.

The filibuster's history has been one of opposition to human rights and progress - the longest filibuster on record was done to delay passage of the Civil Rights Act. It has always been a hindrance to democracy.
posted by NoxAeternum at 4:55 PM on February 25, 2023 [17 favorites]


You use the tools you have at your disposal but the filibuster is bad and serves an inherently conservative agenda. It's not something to defend even if it occasionally serves your purpose, especially when it can be overruled by the majority if they want to.
posted by Ferreous at 4:58 PM on February 25, 2023 [5 favorites]


See:

On April 6, 2017, the Republican-majority Senate invoked the nuclear option[49] and voted 52–48 along partisan lines[50] to remove the Supreme Court exception created in 2013 by voting against the decision of the chair,[51] who had reaffirmed that the 2013 changes to Rule XXII did not apply to Supreme Court nominees.[52] This established a new precedent which effectively allowed the motion on cloture regarding Supreme Court nominations to pass with a simple majority vote.[53] The vote came after Senate Democrats filibustered the nomination of Neil Gorsuch to the Supreme Court of the United States and after the Senate Republicans had previously refused to take up Merrick Garland's nomination by President Obama in 2016.[54][55][56]


posted by Ferreous at 5:01 PM on February 25, 2023 [1 favorite]


What does that mean in small words, please?
posted by aniola at 5:26 PM on February 25, 2023 [2 favorites]


More or less that the majority can actually ignore a filibuster if it wants, one of the biggest issues in the past for democrats has been that institutionalists have refused to use this maneuver to their advantage because of various reasons.
posted by Ferreous at 5:44 PM on February 25, 2023 [7 favorites]


Good to see someone's playing the role of Ernie Chambers.
posted by ockmockbock at 6:11 PM on February 25, 2023


The filibuster only works (and even then it's of dubious worth) when both parties treat it as an extreme measure. There's an implied sense of having done all you can but because of a moral imperative, you have to throw a wrench in the works, because the works are bad for society in some way. That would track with my reading of this situation with Cavanaugh.

But Republicans have tainted the whole idea of a filibuster. They don't have a sense of urgency of desperation to justify filibustering anything--they do it because it works. They don't care that it makes them look like bad actors. It should be a "break glass in case of emergency" situation; if you needed to do that you'd hesitate, at least a little, and wonder "Is it really necessary?" But Republicans just look to break that glass as a matter of course; they view it as just a step in the legislative process/game.
posted by zardoz at 6:11 PM on February 25, 2023 [8 favorites]


The "nuclear option" is a specific mechanism that applies to the United States Senate, and this article is talking about the Nebraska state legislature.
posted by teraflop at 6:14 PM on February 25, 2023 [6 favorites]


Winning by any means necessary is the only logical move. And that's what bothers me.

Republican fascists do not play by rules or logic, let alone recognize concepts of basic human dignity and civil rights. Pragmatism in the face of Republican fascism may be the best the rest of us can manage under the circumstances.
posted by They sucked his brains out! at 6:48 PM on February 25, 2023 [39 favorites]


“If this legislature collectively decides that legislating hate against children is our priority, then I am going to make it painful; painful for everyone,” Cavanaugh, one of just 17 Democrats in Nebraska’s unicameral legislature, said Thursday at the state capitol in Lincoln. “Because if you want to inflict pain upon our children, I am going to inflict pain upon this body.”

...

“You cannot stop me,” Cavanaugh said Thursday. “I will not be stopped.”
Genuinely a little teary about this. As a kid I constantly felt abandoned by adults; stuff like the It Gets Better Project made me angry because WHAT ABOUT NOW? Whether this is politically effective or not, it means a fucking lot to see someone take such a fighting stance for trans kids.
posted by brook horse at 7:22 PM on February 25, 2023 [56 favorites]


U.S. Republicans Target Transgender Youth Healthcare in Legislative Push - "Republican legislators across the United States have escalated a campaign to ban certain healthcare for transgender youth, in some cases seeking to charge parents and doctors with child abuse if they provide treatment."
This year's legislative agenda, unprecedented in the number and scope of bills around transgender issues, also includes measures to block teachers from using pronouns that match a student's gender identity, ban trans girls from playing on girls' sports teams and require trans people to use the bathroom corresponding to their sex assigned at birth.

The aggressive legislative push comes as battles over gender and sexuality increasingly are being fought in U.S. classrooms, courtrooms and political campaigns. Republicans including former President Donald Trump have embraced restricting trans rights ahead of the 2024 White House race, a push that trans advocates fear will harm transgender children.
@databyler: "When Roe was overturned and Rs started facing fallout, they had three options: 1) cross fingers/ride it out; 2) moderate on abortion; 3) find an issue that the base likes, but is more popular than full abortion bans. Looks like they're going for 3) Trump is exploiting an anti-trans turn in public opinion [ungated]."*

What's going on with the wave of GOP bills about trans teens? Utah provides clues - "In 2022, Republican politicians proposed over 150 bills limiting trans rights in state legislatures across the country. By February 2023, the GOP had already surpassed that record by proposing over 200 similar bills."
The focus on transgender health care in solidly Republican Utah is representative of how the GOP has turned opposition to transgender rights into a core political issue over the past few years. In a 2022 survey from PRRI (Public Religion Research Institute), 61% of Republicans expressed support for laws prohibiting children from gender-affirming health care, compared to 46% of independents and 22% of Democrats.
Utah just banned gender-affirming healthcare for transgender kids. These 21 other states are considering similar bills in 2023. - "Utah joins six states that already ban a variety of gender-affirming healthcare for people under 18, and at least 21 other states are considering similar anti-trans healthcare bills in 2023, according to a database from the ACLU. Republicans are leading that push for restrictive new laws. "

Moves To Limit Sex, Gender Education In Florida Echoed In Other Red States - "The Washington Post says that controversial laws in Florida that target teaching of gender and sexual issues up to fourth grade are being replicated by lawmakers in other places. Stateline notes "dozens" of bills disrupting trans health care have been filed by Republicans across the country."

Ban on health care for trans youth to go into effect in March. More is coming, Fine says - "Florida's upcoming ban is the latest in a growing trend of restrictions being placed against trans youth throughout the country."
Tuesday, Mississippi's Senate passed the Regulate Experimental Adolescent Procedures Act, which — if signed by the state's governor — will outlaw the use of hormone replacement therapy and puberty blockers for trans youth by hospitals and organizations receiving public funds.

In Idaho, on Feb. 14, the House of Representatives voted on a bill to make providing gender-affirming care for minors a felony. The bill would ban hormone replacement therapy, puberty blockers and surgeries.

The day prior, Feb. 13, South Dakota's governor signed a law banning gender-affirming care for trans people under the age of 18. In late January, care including puberty blockers, hormones and surgeries were banned for people under the age of 18 in Utah, the first bill banning gender-affirming care to pass this year.

Some states are also attempting to ban care for some adults. In South Carolina and Oklahoma, bills attempting to ban such care until age 26 have been filed. Kansas has filed a bill that would prohibit medical professionals from performing gender-affirming care on anyone under the age of 21 and would make such care a felony. There are some exceptions to the bill, such as in the case of someone born intersex.
LGBTQ Texans brace for conservative session targeting books, gender-affirming care [ungated] - "The proposals would also bar children from attending drag shows and ban transgender athletes in college sports."

Tennessee takes lead in Republican effort to restrict drag shows - "The state's legislature also voted Thursday to send a bill to the governor's desk that would ban affirming care for Tennessee's transgender minors."

Republicans Are Trying to Ban Drag Shows Now - "Tennessee could become the first state in the country to enact a ban."

Missouri bills on trans athletes, health care advance amid GOP push on LGBTQ+ issues - "Their passage is the latest move by Republican supermajorities in both chambers to advance legislation aimed at transgender youth, with the issue now a political priority for the party nationally."

Idaho House passes ban on gender-affirming medical care - "The bill would subject physicians to felony charges if they provide puberty blockers, hormone treatment or transition-related surgery to transgender minors."

Transgender rights advocates push back on Idaho Republicans' school bathrooms bill - "Most of the public testimony supported the legislation and centered on fears that transgender students would violate the privacy of other students if they were allowed to use restrooms that align with their gender identity. Others said they fear transgender students would harm other students in bathrooms."

Anti-transgender rules, rhetoric and legislation are a shameful stain on America's soul - "Is another person's identity threatening to you? Do you have so little respect for your own children that you think the mere mention of gender identity is going to turn them into someone they aren't?"
posted by kliuless at 8:42 PM on February 25, 2023 [32 favorites]


There is no scenario under which trans people are denied their rights and everyone else keeps theirs—none. Anyone that thinks the trans fight isn't their fight has misapprehended the nature of the problem.
posted by ivanthenotsoterrible at 9:12 PM on February 25, 2023 [59 favorites]


I'm not the biggest fan of the filibuster, either. But since it is a tool that remains on the table, and the Republicans aren't going to stop using it/threatening to use it, I don't really have a problem with the Democrats also using it when other tools fail.
posted by The Underpants Monster at 11:16 PM on February 25, 2023 [19 favorites]


Republican fascists do not play by rules or logic, let alone recognize concepts of basic human dignity and civil rights. Pragmatism in the face of Republican fascism may be the best the rest of us can manage under the circumstances.
posted by They sucked his brains out!


The one 'good' thing to come out of the last few years is that there is now no denying who Repubs really are and what they really want to do, and just how bad that will really be.

So let's not be too precious about what is required here: Any and all legal means are on the table, and should be employed ruthlessly.
posted by Pouteria at 2:12 AM on February 26, 2023 [13 favorites]


It is nice to see somebody, anybody, drawing lines in the sand and not only saying that's what happening in our country is completely unacceptable but actually trying to fight it.
posted by hydropsyche at 4:04 AM on February 26, 2023 [12 favorites]


I appreciate the Senator's energy and stance, but I am distracted as always by feeling sorry for legislative staff. It really is hard to be flunkies in a fight.
posted by JanetLand at 4:33 AM on February 26, 2023


The proposed laws in question: LEGISLATIVE BILL 626 , LEGISLATIVE BILL 574
posted by BWA at 6:00 AM on February 26, 2023 [1 favorite]


On the topic of Democrats getting stuff done, here in Minnesota the DFL (equivalent of Democrats, but here it is the Democratic Farmer-Labor party) controls both houses (in recent history Rs have held the Senate) and the governorship, and the Supreme court is liberal too.

They are having a whirlwind legislative session, doing things like codifying abortion rights into law, prohibiting discrimination against ethnic hairstyles, speeding up the clean energy transition, requiring paid sick and safe time and more. Still in the works: prohibiting conversion therapy, providing driver's licenses to undocumented residents and all sorts of other stuff.

Considering they just barely have a majority in the Senate I was expecting a bit more restraint and I couldn't be happier to have been wrong!

I haven't followed all of the bill specifics so I'm sure there are disappointing aspects, but based on the inaccurate, pissy rants my Republican rep & senator publish in the local paper every week, they are making the right people real mad.
posted by Emmy Rae at 8:47 AM on February 26, 2023 [12 favorites]


When One Party Controls State Government - "We're one country, but increasingly, we experience two different Americas."*

also btw, from box's FPP today...
Gilsinan: Why is this such a politically salient issue in Missouri in 2023?

Razer: Hell if I know. Some think tank in D.C. a few years ago said, “Look at this, transgender people are starting to come out in bigger and bigger numbers. Boy, can’t we make this a social war?” And they win those social wars, the battles in the short term.

[...]

Gilsinan: What would you rather be working on, on behalf of Missourians?

Razer: We have got to take a serious look at the continual funding of infrastructure in the state of Missouri. [...] I was very pleasantly surprised by the [Republican Governor Mike Parson’s] state of the state. You could make that into a liberal speech, if you wanted to: We’re gonna spend a lot of money on people who need help. Or you can turn that into a very conservative argument, saying we are going to invest on Missourians and then we’re going to get a higher return off of that investment. Either way you spin it. I think it’s good for Missouri.
posted by kliuless at 9:30 AM on February 26, 2023 [2 favorites]


> Ah, the good old Ernie Chambers play

Yeah, was going to say, surprised this even made the news, Nebraska State Government-wise.
posted by Back At It Again At Krispy Kreme at 2:26 PM on February 26, 2023


There is no scenario under which trans people are denied their rights and everyone else keeps theirs—none. Anyone that thinks the trans fight isn't their fight has misapprehended the nature of the problem.

Which we've known since at least the Second World War.
posted by Gelatin at 5:10 AM on February 27, 2023 [1 favorite]


The IWW motto “An injury to one is an injury to all” predates WWII and also had precedents.
posted by eviemath at 7:02 AM on February 27, 2023 [2 favorites]


Map: Where gender-affirming care is being targeted in the US - "States across the country are considering bans on gender-affirming youth care."
posted by kliuless at 7:28 AM on February 27, 2023


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