facebook linkedin twitter

Joe Biden, LBJ and the Future of Voting Rights
COMMENTARY

March 8, 2021 by Robert B. Reich
President Lyndon B. Johnson hands a pen to civil rights leader Rev. Martin Luther King Jr. during the the signing of the voting rights act as officials look on behind them, Washington, D.C., August 6, 1965. (Photo by Washington Bureau/Getty Images)

In 1963, when the newly sworn-in Lyndon Baines Johnson was advised against using his limited political capital on the controversial issue of civil and voting rights for Black Americans, he responded: “Well, what the hell’s the presidency for?”

America is again approaching a crucial decision point on the most fundamental right of all in a democracy — the right to vote. The result will either be the biggest advance since LBJ’s landmark Civil Rights Act of 1964 and Voting Rights Act of 1965, or the biggest setback since the end of Reconstruction and start of Jim Crow in the 1870s.

The decisive factor will be President Joe Biden.

On one side are Republican lawmakers who now control most state legislatures and are using false claims of election fraud to enact an avalanche of voting restrictions on everything from early voting and voting by mail to voter IDs. They also plan to gerrymander their way back to a House majority.

After losing the Senate and the presidency, they’re determined to win back power by rigging the rules against Black and brown voters, who disproportionately vote for Democrats. As a lawyer for the Arizona Republican party put it baldly before the Supreme Court, without such restrictions Republicans are “at a competitive disadvantage relative to Democrats.”

On the other side are congressional Democrats advancing the most significant democracy reform legislation since LBJ’s civil rights and voting rights laws — a sprawling 791-page “For the People Act” establishing national standards for federal elections.

The proposed law mandates automatic registration of new voters, voting by mail and at least 15 days of early voting. It bans restrictive voter ID laws and purges of voter rolls — changes that studies suggest would increase voter participation, especially by racial minorities. It also requires that congressional redistricting be done by independent commissions and creates a system of public financing for congressional campaigns.

The legislation sailed through the House last week on a party-line vote. The showdown will occur in the U.S. Senate, where Republicans are determined to kill it. Although Democrats now possess a razor-thin majority, the bill doesn’t stand a chance unless Democrats can overcome two big obstacles.

The first is the filibuster, requiring 60 votes to pass regular legislation. Notably, the filibuster is not in the Constitution and not even in law. It’s a rule that has historically been used against civil rights and voting rights bills, as it was in the 1960s, when LBJ narrowly overcame it.

Democrats can — and must — finally end it now, with their 51-vote majority.

But if they try, they face a second obstacle. Two Democratic senators — West Virginia’s Joe Manchin and Arizona’s Kyrsten Sinema — have said they won’t vote to end the filibuster, presumably because they want to preserve their centrist image and appeal to Republican voters in their states. A few other Democratic senators are lukewarm to the idea.

Well, I’m sorry. The stakes are too high. If Democrats fail to enact the “For the People Act,” Republicans will send voting rights into retreat for decades. There’s no excuse for Manchin and Sinema or any other Senate Democrat letting Republicans pull America backwards towards Jim Crow.

And no reason Biden should let them. It’s time for him to assert the kind of leadership LBJ asserted more than a half-century ago on civil and voting rights.

Johnson used every tool at his disposal, described by journalist Mary McGrory as “an incredible, potent mixture of persuasion, badgering, flattery, threats, reminders of past favors and future advantages.”

He warned Georgia Sen. Richard Russell, a dedicated segregationist, “Dick, I love you and I owe you. But … I’m going to run over you if you challenge me on this civil rights bill.” He demanded his allies join him in pressuring holdouts. Sen. Hubert Humphrey later recalled “the president grabbed me by my shoulder and damn near broke my arm.”

Historians say Johnson’s importuning, bribing and threatening may have shifted the votes of close to a dozen senators, breaking the longest filibuster in Senate history and clearing the way for passage of the Civil Rights Act of 1964 and Voting Rights Act of 1965.

We are once again at a crucial juncture for civil rights and voting rights that could shape America for the next half-century or more. Joe Biden is not LBJ, and the times are different from the mid-1960s. But the stakes are as high.

Biden must wield the power of the presidency to make senators fall in line with the larger goals of the nation. Otherwise, as LBJ asked, “what the hell’s the presidency for?”

©2021 Robert Reich. Distributed by Tribune Content Agency, LLC.

Opinions

Medicare Open Enrollment Is Here: What Beneficiaries Need to Know

Medicare’s annual Open Enrollment Period is here. From now until December 7, 63 million seniors and those with certain disabilities... Read More

Medicare’s annual Open Enrollment Period is here. From now until December 7, 63 million seniors and those with certain disabilities can shop for and enroll in Medicare coverage that suits their needs. There’s a lot for seniors to consider at Open Enrollment, and the choices can... Read More

Loud Climate Policy

Let me set the stage: There’s a Democratic majority in both houses of Congress and a Democrat in the White... Read More

Let me set the stage: There’s a Democratic majority in both houses of Congress and a Democrat in the White House. Climate advocates have spent the last few years in the exile of a Republican Administration, one quarter drawing more and more attention to hurricanes and... Read More

My Mom is Living with Alzheimer’s, But We’re Some of the Lucky Ones.

Six years ago, my mother started to show signs of dementia. She would constantly lose personal items around the house... Read More

Six years ago, my mother started to show signs of dementia. She would constantly lose personal items around the house and often became confused in casual conversations. I wish that was the worst of it.  Months later, she began to hallucinate that there was a boy... Read More

The US Needs an Updated Approach to Post-Disaster Housing

“By failing to prepare, you are preparing to fail.” As we process the reach and devastation of Hurricane Ida, leaving dozens... Read More

“By failing to prepare, you are preparing to fail.” As we process the reach and devastation of Hurricane Ida, leaving dozens dead and hundreds of thousands without power, Benjamin Franklin’s admonition about preparedness reads as if it could’ve been spoken yesterday.  We know we live in a... Read More

October 5, 2021
by Rachel Marsden
If You Cared About This Week’s Facebook Outage, You’re a Target for Manipulation and Control

On Monday, Oct. 4, major social media applications run by Facebook, including WhatsApp, Instagram, and the social media giant itself,... Read More

On Monday, Oct. 4, major social media applications run by Facebook, including WhatsApp, Instagram, and the social media giant itself, all went dark worldwide for several hours. Not only did the outage prevent billions of users from accessing these services, but even those who only signed... Read More

October 1, 2021
by Mary Sanchez
The Hypocrisy of the Abortion Access Debate

Through more than five hours of testimony, the Congressional hearing on the nation’s ever-decreasing access to abortion showcased a lot... Read More

Through more than five hours of testimony, the Congressional hearing on the nation’s ever-decreasing access to abortion showcased a lot of erroneous thinking. There were twisted interpretations of eugenic's history, a flimsy albeit adamant concern specific to abortions in the Black community, a Pollyanna belief that... Read More

News From The Well
scroll top