Indivisibles,

If you’re following along with the Senate’s dash to get the Build Back Better (BBB) Act over the finish line before heading home for the holidays, you’ve likely seen the reporting that the Senate is expected to shelve Build Back Better until next year and “move forward aggressively on voting rights.”

If you’re anything like all of us, we know you’re probably asking two big questions:

1. Are we finally going to get around the filibuster and get voting rights done?
2. Is Build Back Better dead? 

Let’s take them one by one, and then talk about what we need to do in these last few days before the Senate goes home for the holidays (real-talk: those jet fumes get strong around this time of year and they’re eager to get the hell out of D.C.). 

Are we finally going to get around the filibuster and get voting rights done?

In short: We're closer than we've been all year, but we're not there yet.

Over the last couple of weeks, we have seen incredible forward momentum on democracy reform. Last Thursday, the Senate agreed to a change to the filibuster to increase the debt limit and save the national economy. On Monday's Maddow, we called on Senate Dems to prioritize a filibuster change for democracy in their weekly meeting the next day. Then, Senator Mark Warner – a longtime filibuster reform holdout – came out for a filibuster change (read more here), and a trio of conservative Dems met with Manchin to discuss filibuster reform options, which Manchin expressed openness to earlier this week (more on Manchin’s filibuster news here). Afterwards, Senate leadership announced they were focusing on democracy for the remainder of the year. 

Today’s reporting that the Senate is expected to move ahead aggressively on voting rights is a heartening sign that we might finally get our democracy priorities across the finish line. We’re definitely headed in the right direction – but we still don’t have a deal on a rules change that would actually allow legislation to clear the filibuster and pass into law. We’re incredibly encouraged by this news, this is closer than we’ve ever been, and now is the time to push.

All of this news comes from the Senate, not the White House. We still need President Biden and Vice President Harris to get off the sidelines and join us in this fight. While this swirl of news certainly indicates he might be about to, we still have some work to do. Talk is great, but we need Biden to deliver 50 votes for rules reform in the Senate that will allow a robust democracy package to pass (finally).

This has been a long fight. There have been discouraging moments. But we have a window now. We wouldn’t be here if it wasn’t for you and all the work you’ve done to fight for our democracy. Your dedication, your calls, your tweets, every event you’ve hosted or attended, and everything else you’ve done to get us here have brought us to this point. When we win, it will be because of your work.

Is Build Back Better dead?

In short: No. 

Joe Manchin is testing our resolve. Rewind a few weeks to just before Thanksgiving when the House agreed to pass the Bipartisan Infrastructure package without a vote in the Senate on Build Back Better: President Biden assured everyone involved that he’d get the 50 votes in the Senate we needed to (finally) get it over the finish line. As of right now, negotiations with Senator Joe Manchin (D-WV) are ongoing, but they haven’t reached an agreement yet; reporting suggests that there remains a lot of room between the President and Senator Manchin on extending the childcare tax credit in particular. And based on this, we want to be real with you: it’s highly unlikely that this happens before the end of the year.

Delay isn’t just bad because it means longer before critical benefits reach people. It also creates the danger that Congress won’t end up passing BBB at all. It’s always easier for Congress to not do anything – and that’s what will happen unless they keep hearing from you. How much do you care that the Senate is dragging BBB out? And do you continue demanding that they pass this much-needed package at the beginning of 2022? We need you to call and tell your Senators about it.

There’s simply too much at stake to throw in the towel now. Just today, millions of families received what could be the last child tax credit check if the extension in BBB isn’t passed. Not to mention the other urgent provisions of the bill, from childcare and pre-k, to climate action, to lowering health care costs, and more - we must make sure this Democratic trifecta delivers. 

There’s no reason for the Senate to give up on popular public investments right now. Your senators and President Biden need to hear clearly from you that we’re counting on them to fulfill their commitment to passing BBB and delivering on democracy reform. Urgently. 

So, what now?

What we need you to do right now whether you live in a blue, red, or purple state, or not in a state at all.

We know that it’s been a long year and you’re really frustrated with our Senate Democrats who need to get both the Freedom to Vote Act and Build Back Better over the finish line. We are too. But right now, more than ever, we need you to be loud -- and we need you to make sure your Senators (and President Biden) hear two messages loud and clear: You want to get voting rights done by the end of the year? Great. Get it done. And when you’re done, we expect you to pass Build Back Better and sign it into law.

If you live in a Blue State and have 2 Democratic senators:

• Call both of your senators and tell them you’re thrilled to hear they’re going to aggressively focus on voting rights before the end of the year, you’re paying attention, and it’s time to get it done. No more excuses.
• Call both of your senators and tell them failure on Build Back Better isn’t an option. Congress must do their job and pass this critical piece of legislation as soon as possible.
• Tweet at White House Chief of Staff Ron Klain (@WHCOS) and tell him that you’re counting on the President to finally get involved in the fight on voting rights. We’re not going to let him off the hook. (Truthfully, we had been saving this tactic for January -- but since it sounds like the Senate is all in on voting rights, it’s time to get Joe Biden in this fight -- and we think Ron is particularly susceptible to pressure on Twitter.)

If you live in a Red State and have 2 Republican senators:

• We aren’t going to ask you to call your Republican senators again (we know they’re not going to do the right thing). But, we are going to ask you to get in on the social fun and put pressure on White House Chief of Staff Ron Klain on Twitter. Tell him that you’re from a red state, you can’t count on your Republican senators to do the right thing when it comes to our democracy and voting rights, and that you’re counting on President Biden to use his bully pulpit to get democracy reform over the finish line. He’s been on the sidelines, and if the Senate is serious about getting this done before the end of the year, we need him in the game.

If you live in a Purple State and have 1 Democratic and 1 Republican senator:

• Call your Democratic senator and tell them you’re thrilled to hear they’re going to aggressively focus on voting rights before the end of the year, you’re paying attention, and it’s time to get it done. No more excuses.
• Call your Democratic senator and tell them failure on Build Back Better isn’t an option. Congress must do their job and pass this critical piece of legislation as soon as possible.
• Tweet at White House Chief of Staff Ron Klain (@WHCOS) and tell him that you’re counting on the President to finally get involved in the fight on voting rights. And, remind him that he assured us he had 50 votes on Build Back Better. We’re not going to let him off the hook.

If you live in D.C., Puerto Rico, the U.S. Virgin Islands, Guam, or anywhere else without representation: 

• First off, we feel you, and we’ll continue to fight for self-determination as a part of our overall democracy work.
• Second, please join in the social media fun, and reach out to White House Chief of Staff Ron Klain on Twitter. Tell him where you’re from, and since you don’t have representation, you’re counting on President Biden to use his bully pulpit to get democracy reform over the finish line. Biden’s been on the sidelines, and if the Senate is serious about getting this done before the end of the year, we need him in the game.

Deep breaths. We know this was a lot. But, there’s no one else we’d rather have with us in this fight. 

Let’s go.

In solidarity,
Indivisible Team