In Defense of the “Hated Eight”

On Sunday, November 9, eight Senate Democrats broke party ranks and made arguably the shrewdest political move since the beginning of the second Trump administration. Yet, the Democratic Party is treating them like pariahs. 

They invoked cloture on a continuing resolution that would move the country one step closer to ending the longest government shutdown in American history. This shutdown, the first since a 35-day long shutdown during the first Trump administration, had been severely impacting the country. Close to a million federal workers were furloughed and many others, including air traffic controllers, were forced to work without pay. This prompted Transportation Secretary Sean Duffy to incrementally reduce the number of flights departing from the country’s busiest airports, upending air travel ahead of the busy Thanksgiving season. Millions of Americans were unable to access vital SNAP benefits, which created a legal dispute when federal courts determined the Trump administration was responsible for fully funding the benefits. Many other government agencies either limited or completely suspended operations. The country was thrown into an unprecedentedly extended state of uncertainty. 

The government shut down when Senate Democrats repeatedly refused to invoke cloture on appropriations legislation (which is required to fund the government) that had already passed the Republican-controlled House since it did not include an extension of Affordable Care Act subsidies, which were set to expire in November. The exclusion of these subsidies was a dealbreaker for Senate Democrats, and understandably so, considering the inherently high stakes of healthcare access and affordability. Senate Democrats refused to pass any version of the appropriations bill which did not include these subsidies, and Senate Republicans were unwilling to negotiate a version of the bill that included these subsidies. Naturally, a stalemate occurred, the government shut down, and very little progress was made.

Establishment Democratic politicians, news pundits, media personalities, and just about everyone on the Internet lambasted these eight Democrats for seemingly capitulating to the Republican majority.

Eventually, eight Senate Democrats “gave in” and invoked cloture on a revised appropriations bill, which included several concessions from Republicans but did not include the extended ACA subsidies which Democrats demanded. This revised legislation ultimately passed the Senate, the House, and was signed by President Trump, ending the shutdown. Establishment Democratic politicians, news pundits, media personalities, and just about everyone on the Internet lambasted these eight Democrats for seemingly capitulating to the Republican majority. However, one stipulation in the revised bill will eventually illustrate that, given the circumstances, this was the best bill Senate Democrats could have possibly negotiated.

The stipulation in question requires that Senate Majority Leader John Thune (R-SD) holds a vote during the first two weeks of December explicitly regarding extending these ACA subsidies. This is important since most Americans are in favor of preserving access to Obamacare, and they certainly don’t want to see their healthcare stripped away from them when an alternative plan hasn’t been fully formulated. This is not to say that the ACA isn’t a flawed piece of legislation (it is), but most Americans would rather it remain in place despite its shortcomings instead of it being fully repealed. How Senate Republicans vote when it comes to extending these subsidies will play an important role in determining their electoral future, at least in the short-term. If Republicans vote to extend the subsidies, they’ll have a decent shot at maintaining control of Congress. But if they refuse to extend the subsidies, Democrats will use this as momentum to take back control of Congress and make it difficult for President Trump to implement his agenda, which is unpopular among most Americans.

The political shrewdness of the decision made by these eight Senate Democrats has either been neglected or dismissed outright by virtually the rest of the Democratic Party, and these senators have been treated like pariahs ever since. But did establishment Democrats seriously believe that it would be possible for them to negotiate a version of the appropriations bill that extended these ACA subsidies? If they did, they could not have been more delusional. Republicans have been hell-bent on repealing and replacing the Affordable Care Act since it was passed, especially under President Trump. They came dangerously close once in 2017, although that effort failed by just one vote. A Republican Party that wants to fundamentally upend healthcare would never (and I mean never) pass an appropriations bill that extends subsidies for a piece of legislation they consider to be a disaster. They would also never dare to defy President Trump, who has made repealing and replacing the ACA an integral part of his agenda during both of his terms. Indeed, everyone knows that in the current Republican Party, it’s Trump’s way or the highway. If Senate Republicans were willing to let the government shutdown last for over forty days because of their unrelenting opposition to extending ACA subsidies, it is ridiculous to assume that they would have magically changed their minds on such a core issue if the shutdown lasted for another 20, 30, or even 40 more days. Republicans would not have budged on this issue; there are no ifs, ands, or buts about it.

It is ridiculous to assume that Senate Republicans would have magically changed their minds on such a core issue if the shutdown lasted for another 20, 30, or even 40 more days.

Eight Senate Democrats eventually came to terms with this reality, accepted that the revised appropriations bill was the best they were going to get from the stubborn Republican majority, and courageously decided to move the bill forward to end the pain and suffering Americans had been enduring because of the shutdown, which was on track to become even worse. They accepted that even though they weren’t getting exactly what they wanted in the bill, this was a sacrifice worth making if doing so meant that federal employees could return to work and families could access their SNAP benefits. This is what it looks like to put country over party, to prioritize pragmatism over idealism. Sadly, this is not something we see very often in contemporary politics.

Of course, while this reasoning certainly motivated the decisions of some of the eight Senate Democrats, such as Sen. Tim Kaine (D-VA), there is no denying that other factors were at play. Sens. Dick Durbin (D-IL) and Jeanne Shaheen (D-NH) are both retiring, and retiring senators are more willing to break from their party because the prospect of reelection is non-existent. Meanwhile, Sens. Catherine Cortez Masto (D-NV), Jacky Rosen (D-NV), John Fetterman (D-PA), and Angus King (I-ME) all represent swing states and need to have a more moderate voting record so they can appeal to their constituents on both sides of the aisle when their seats are up for reelection. But regardless of these ulterior motives, these senators all did the morally virtuous thing by voting to end the shutdown, which had no reason to last 43 days.

This is what it looks like to put country over party, to prioritize pragmatism over idealism. Sadly, this is not something we see very often in contemporary politics.

Democrats may continue to lambast these eight senators for now, and this ordeal certainly does bring into question whether Sen. Chuck Schumer (D-NY) should continue serving as Senate Minority Leader; after all, he did fail to unite his entire caucus behind his decidedly idealistic approach to the shutdown. But when Republicans are forced to vote on extending ACA subsidies, and when Democrats find themselves suddenly able to use their “no” votes to build momentum for next year’s midterms, it will become abundantly clear to the establishment just how shrewd their decision was. These Democrats will almost certainly be screaming, “We told you so,” and they will have every right to. And they will rest easy knowing they saved the country from a full-blown crisis.

Jack Samet ‘27 studies in the College of Arts & Sciences. He is a Staff Writer for the Washington University Political Review. He can be reached at jack.samet@wustl.edu.