NEWS
ANALYSIS
In the Senate, Chasing an Ever-Elusive Gun Law
Deal
After a string of Democratic failures on marquee
issues, Senator Chuck Schumer’s decision to give bipartisan gun talks time is a
test of the Senate — and of democracy itself.
Jonathan
Weisman
By Jonathan
Weisman
May 30,
2022
https://www.nytimes.com/2022/05/30/us/politics/senate-guns-democracy.html
WASHINGTON
— The decision of the Senate majority leader, Chuck Schumer of New York, to try
for a negotiated compromise on new gun laws in the wake of the latest pair of
mass shootings may prove to be a high-stakes bet on representative democracy
itself, made at a time when faith in Congress — and the Senate in particular —
is in tatters in both parties.
President
Biden’s promise on Sunday to the families of the shooting victims in Uvalde,
Texas — assuring them that “we will” do something about gun violence — raised
the pressure on a Senate in which filibusters and disunity have been the
watchwords of the past year.
By raising
expectations that a bipartisan deal on gun safety, mental health and school
security is even possible, Mr. Schumer is intensifying the spotlight — not only
on Republicans and whether they will come to the table in good faith, but also
on the institution of the Senate and its ability to grapple with a pressing
national issue like gun violence, so searing in its trauma and obvious in its
impact.
On Monday,
the government in Canada banned handgun sales and proposed legislation
requiring that most owners of “military-style assault weapons” turn over their
rifles to a government buyback program.
Nothing
like that is on the offing in Washington. But even if a compromise means
scaling back gun control legislation, it would be worth it, said Senator
Christopher S. Murphy of Connecticut, the Democrats’ chief negotiator, to get
legislative momentum for more stringent measures and to reassure the parties
and their voters that representative democracy can still function.
“We need to
show Republicans that they can strengthen the background check system in a
meaningful way and get politically rewarded for it,” he said in an interview.
“That’s why I’m willing to look at things that might be less than what I would
like.”
The
bipartisan group of 10 senators working on the issue was to have a Zoom call on
Tuesday to work out a framework for negotiations during the holiday recess,
Senator John Cornyn, Republican of Texas, told reporters on Monday. Congress will
be back in session June 6.
Failure on
this — which many Democrats, including Mr. Schumer, concede is likely after a
decade of similar efforts have collapsed — would be lumped onto a growing pile
of disappointments that have depressed Democratic voter enthusiasm since the
party took control of Washington.
Among the
defeats: a major bill on voting rights and democracy reform, far-reaching
legislation on social welfare and climate change, and an effort to guarantee
abortion access. Then there are the achievements that are being wiped away
because Democrats lack the 60 votes to keep them alive, including the
expiration of an expanded child tax credit that dramatically lowered child
poverty rates while it was in place and the looming expiration of enlarged
health insurance subsidies under the Affordable Care Act.
Mr. Murphy
said that even on sports talk radio, commentators and callers were talking
about the mass shootings — and glumly dismissing the prospects of action. But
that does not obviate the urgency.
“When
people give up on us dealing with the most important and most existential
issues, it means they’re giving up on democracy itself,” he said. “And so I
think the stakes are high — not just because we’ve got to save lives but also
because people’s faith in this whole enterprise is going to disappear if we
can’t deliver.”
In an
evenly divided Senate and facing Republican obstruction, Democrats say they
should be commended for their successes on measures like a $1 trillion
infrastructure bill and postal reform, which have been discussed for years but
never accomplished. More achievements could be coming, such as aiding veterans
harmed by open-air “burn pits” in Iraq and Afghanistan and expanding domestic
semiconductor manufacturing.
But none of
that is likely to have the resonance of action on guns — which polls show is
supported on both the left and the right. The negotiations also come at a
moment when some in both parties are ready to give up on the Senate’s ability
to function without major structural changes.
Already,
some liberals are pressing to expand the Supreme Court and do away with the
filibuster, arguing that Senate Republicans’ partisan treatment of nominees has
unfairly stacked the court and that compromise with the Republican Party is
impossible.
Some
conservatives have questioned the very bedrock of representative democracy,
nominating Republican candidates for the coming midterm elections who have
falsely declared the 2020 election stolen and indicated a willingness to warp
the outcome of future elections.
And in
truth, though Americans’ faith in Congress is minute, most do not even know how
bad the Senate has become. Without time to watch C-SPAN, few are aware that the
world’s supposedly greatest deliberative body has spent most of its time of
late churning through confirmations of midlevel executive branch officials and
federal judges. Those nominations — once routinely approved unanimously — now
take days and must be considered one at a time.
Robert
Dallek, a historian and biographer of Lyndon B. Johnson, said such sclerosis
had ebbed and flowed in the past. Harry S. Truman routinely railed against the
“good-for-nothing, do-nothing Congress” that failed to pass legislation to
establish federal health insurance, protect civil rights or even stop the
lynching of Black Americans in the South.
“They are
putting democracy in danger because the frustration that comes can lead to
civil strife,” Mr. Dallek said. “The nation is terribly divided at the moment.”
David W.
Blight, a Yale historian and expert on the breakdown of American governance
before the Civil War, spoke of the hollowing of the political center in the
mid-19th century and, after the passage of the Kansas-Nebraska Act of 1854,
congressional paralysis.
A
successive string of Southern or pro-Southern presidents, from James K. Polk in
1845 to James Buchanan in 1857, and a Supreme Court stacked with pro-slavery justices
left a Northern majority enraged by minority rule.
As the
nation began tearing apart, lawmakers embarked on ever more desperate searches
for compromise, he said, and their failures only accelerated the dissolution.
“Today, we
don’t have a single issue like slavery but five or six huge issues that we are
horribly divided over,” Professor Blight said, ticking off guns, voting rights,
abortion, climate change and election administration. “My worry is that we
don’t have institutions that can hold us anymore, and that is what happened in
the 1850s. The institutions broke down.”
A handful
of Senate Republicans have indicated a willingness to come to the table on gun
safety, perhaps to dust off the failed 2013 legislation by Senators Patrick J.
Toomey, Republican of Pennsylvania, and Joe Manchin III, Democrat of West
Virginia, to strengthen background checks on gun purchasers. Another possible
point of negotiation are so-called red flag laws that make it easier for judges
and law enforcement to confiscate weapons from people deemed potentially
dangerous to themselves or others.
“I do
believe that we will be looking at ways to improve our background checks,” said
Senator Mitt Romney, Republican of Utah. “I’ve been looking at Toomey-Manchin
as a piece of legislation and seeing if that would make a difference. And I do
believe that red flag laws and states are helpful.”
Bipartisan
discussions helped produce the infrastructure law that so far might be
President Biden’s biggest legislative achievement. But other efforts, such as
talks to rewrite the Electoral Count Act of 1887 and to find common ground on
voting rights, have produced nothing, despite pronouncements of great optimism.
To get to
60 votes on a gun bill, Democrats would need unanimity on their side and 10
Republicans, not the four who began negotiating last week. The worst mass
shooting at an elementary school, the massacre in Newtown, Conn., nearly a
decade ago, was not enough to break a Republican filibuster. This time,
Democrats are being careful not to raise expectations too high that the
second-worst slaughter, the death of 19 children in Uvalde, will yield a
different result.
The ranks
of Senate Republicans have grown only more conservative since the carnage in
Newtown, and a vast majority of them have not budged in their opposition to any
measure that would limit gun access.
“To be
clear: Using this horror to infringe upon the Second Amendment rights of
law-abiding citizens — before we even know what might have prevented this
tragedy — and accusing anyone who disagrees of being complicit in this
abhorrent crime is not a solution that will make us safer,” said Senator Bill
Hagerty, Republican of Tennessee.
Representative
Colin Allred, Democrat of Texas, said he understood the need to try
negotiations.
“We know we
can pass legislation that will be supported by 88 percent of Americans, for
example in the case of background checks, but we need to have 60 votes in the
Senate for that to become law,” he said.
If it
fails, he said, voters will have the last word in November at the ballot box.
But many
Democrats simply do not believe Republicans are willing to negotiate in good
faith, even after the heartbreak of Uvalde. Republicans insist that protecting
individual liberty is more important than a collective response to gun
violence, then push to criminalize abortion, said Senator Elizabeth Warren,
Democrat of Massachusetts.
“This is
about a set of far-right views that entail using the government aggressively
when it advances their agenda and leaving the government behind when that’s
what gets them as far as they want to go,” she said, adding, “These are not
people of principle.”
How this
plays out in November’s midterm elections is unknown. With voters most
concerned about inflation, gas prices and anger at the ruling party in
Washington, the nonpartisan Cook Political Report downgraded the Democrats’
chances of holding the House again on Thursday, predicting a Republican pickup
of between 20 and 35 seats.
That result
would give the Republican Party one of its largest majorities in decades. In
turn, Republican leaders would declare a mandate to relax regulations on gun
ownership, not tighten them.
Those
political prospects could inform how willing Republicans will be in the coming
days to compromise on gun rights, an issue that has become central to their
party.
“It’s one
thing to say that, regardless of the facts, you should just do something,” said
Senator Mike Rounds, Republican of South Dakota. “The question is whether
something you would do would actually make a difference.”
Jonathan
Weisman is a congressional correspondent, veteran Washington journalist and
author of the novel “No. 4 Imperial Lane” and the nonfiction book
“(((Semitism))): Being Jewish in America in the Age of Trump.” His
career in journalism stretches back 30 years. @jonathanweisman
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