From David Dayen, The American Prospect <[email protected]>
Subject Opposition party decides to oppose
Date August 4, 2025 7:05 PM
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Democrats are fighting in Washington and Austin, denying quick victories to authoritarians.View this email in your browser [link removed]

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****AUGUST 4, 2025****

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****Dayen on TAP****

**Opposition Party Decides to Oppose**

**Democrats are fighting in Washington and Austin, denying quick victories to authoritarians.**

It’s been clear for a while that the dividing line in the Democratic Party in the midst of an authoritarian power grab is entirely about **whether or not you’re willing to fight on behalf of the country** [link removed]. It’s amazing that there was ever anyone on the “unwilling” side of that line, given the role of an opposition party and the threat Trump posed. But backs against the wall, Democrats are finally figuring out their purpose.

Last week, the Republican leadership kept the Senate in session, trying to force weary Democrats to agree to a **nomination deal** [link removed] as a condition for going home for August. Democrats have forced Republicans to eat up floor time on low-level appointees. When Senate Majority Leader John Thune (R-SD) wanted to bundle up a bunch of nominees for confirmation, Democrats said sure—as long as President Trump stopped denying funding already appropriated by Congress (in particular, for the National Institutes of Health and some foreign aid) and refrained from another rescission package to nullify previously approved spending.

In other words, Democrats were using their ability to grind floor time to get concessions that shouldn’t even be seen as concessions (they amount to “stop breaking the law” and “don’t supersede deals already agreed to”). Trump said no to this mild imposition on his power, and the deal blew up. So the Senate wrapped up nominations already in motion and **left on Saturday** [link removed].

Thune is **warning** [link removed] that in September, Republicans will pursue a rules change to speed up executive branch nominations. Frankly, presidents need congressional approval for too many nominees, and freeing up the Senate to do actual legislating instead of advise and consent is a good thing. But that doesn’t mean you willingly give up leverage, and for once, Democrats didn’t do so.

Amusingly, Trump demanded to do recess appointments in retaliation, which would require the Senate and the House to formally adjourn. But the House is afraid to come back to Washington to pass an adjournment resolution, knowing that Democrats would force them to vote on releasing the Epstein files. So that avenue was closed, again because Democrats decided to take a stand.

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The fight extended out to the Texas legislature, where House Democrats **fled the state** [link removed] to deny Republicans a quorum to pass a congressional gerrymander that could net the GOP up to five seats. If 51 of the 62 House Democrats stay away from the Texas capital indefinitely, Republicans can’t vote on the maps. The special session that includes redistricting only lasts until August 20, though Gov. Greg Abbott could call another one.

Texas Democrats have tried these quorum-denying actions before, in 2003 to block another mid-cycle redistricting map and more recently in 2021 to stop voting rights restrictions. After the 2021 affair, Texas adopted a $500-a-day fine for each lawmaker who breaks a quorum, with no ability to pay with campaign funds; part-time Texas lawmakers only make $600 a month for serving. (There’s been a **fundraising effort** [link removed] to cover the costs.)

Texas Gov. Greg Abbott has gone a step further, **threatening** [link removed] that if the Democrats are not at a quorum call at 3 p.m. CT today, they will have abandoned their offices, will be removed from the Texas House, and will be replaced by people handpicked by Abbott. But the threat is kind of empty, as **Quinn Yeargain notes** [link removed]: The legal opinion Abbott relies on, from Attorney General Ken Paxton, **merely says** [link removed] that the law is unclear and a judge would have to decide, and Abbott only has power to call special elections, not to fill the positions himself. For their part, the Texas House Democrats responded to the threat with **four words** [link removed]: “Come and take it.”

I should note that Texas Democrats’ 2003 efforts to flee the state did not ultimately work. And on Capitol Hill, the blowup over nominees and spending could lead to more rescission bills and even a government shutdown. But Democrats are doing the right thing by using their power. Trying does not automatically translate into winning. But giving up is a sure loss. 

The base of the party has made its decision: In the current environment, where weakness begets more belligerence, there’s no other choice but to fight. It took six months of searching around for other options before most Democrats reached the same conclusion.

**– DAVID DAYEN**

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