Amicus With Dahlia Lithwick | Live From SXSW, With Sen. Jeff Merkley

Date: March 20, 2021
Host: Dahlia Lithwick
Guest: Senator Jeff Merkley (Oregon)
Theme: The urgent need for democracy reform and voting rights legislation in the U.S., focusing on the For the People Act (S1/HR1), and addressing vote suppression, dark money, and gerrymandering.

Episode Overview

In this special live episode from SXSW, Dahlia Lithwick sits down with Senator Jeff Merkley to discuss the critical structural challenges facing American democracy post-Trump administration. The conversation centers on the urgent need for legislative reform through the For the People Act (S1/HR1), which aims to protect voting rights, tackle dark money in politics, and end extreme gerrymandering. Lithwick and Merkley emphasize that, despite recent political transitions, the architecture undermining democracy persists and requires immediate, robust action.

Key Discussion Points & Insights

1. The Fragility of American Democracy

• Dahlia Lithwick sets the stage by noting that while many Americans believe democracy "held" during Trump’s term, she and Merkley see it as barely surviving unprecedented attacks.

  • Memorable quote:

    “The American vision of representative government has slid over the cliff and it's like we caught a root and we are just clinging onto it by our fingertips.” — Dahlia Lithwick, quoting the Senator (03:56)

• The Insurrection & Current Trends:

  • Lithwick references events like the January 6th Capitol insurrection and the surge of restrictive voting bills (over 250 in 43 states), warning these are not isolated but part of an escalating trend. (03:30)

2. Structural Challenges to Democratic Governance

• Merkley frames the challenge:

  • In a republic, a "tension” exists between the powerful—who bend laws to serve their interests—and grassroots democratic forces.
    • Quote:

      “In any republic you have a tension between the very powerful, using all the instruments that they have to enact laws that favor the very powerful and against that force, you then have grassroots voices…who want to use the power of the ballot box to address the fundamental needs of ordinary people.” — Sen. Merkley (04:26)

• Tools of the Powerful:

  • Concentrated wealth is used for lobbying, electioneering, media manipulation, and legal challenges, all to perpetuate their advantage.
  • A central tactic: making voting harder for ordinary people to suppress opposition and maintain control. (05:00–07:00)

• Current State-Level Actions:

  • Many Republican-controlled legislatures and governors are moving to:
    • Limit early voting and vote-by-mail
    • Purge voter rolls
    • Reduce polling places and drop boxes
    • Manipulate election logistics to disenfranchise voters (05:45–07:25)

3. The For the People Act (S1/HR1): Reform Blueprint

• Merkley’s summary:

  “S1 comes in, the For the People Act. It says...our job under the Constitution here in the Senate...is to defend the constitutional vision of the participation of Americans...That is government of, by, and for the people.” — Sen. Merkley (07:28)

• Three Main Targets of Reform:

  1. Dark Money:

     • Untraceable funds distort democracy; “dark money moves through shell operations” to fund anonymous campaign ads.
     • The system exploited after campaign finance reforms like McCain-Feingold, which initially sought to limit individual donations but resulted in new loopholes.
     • Attempts at additional transparency, such as the DISCLOSE Act, were blocked by those previously advocating “sunshine” as the solution.
       • Quote:

         “When we voted on disclosure, suddenly they voted against it, protecting that money…The hundreds of millions of dollars that really stemmed from [the] Citizens United decision.” — Sen. Merkley (09:12)

  2. Voter Suppression:

     • Ongoing efforts to make voting more difficult, particularly for marginalized communities.
     • Erosion of basic voting access is seen as a direct threat to representative government. (08:30–09:10)

  3. Gerrymandering:

     • While the Senate isn’t directly affected, extreme partisan gerrymandering in states impacts Congressional representation.
     • Independent commissions are crucial to restoring fairness in redistricting.
     • There is a current bias of “about 15 to 20 votes” in favor of Republicans in the House due to gerrymandering.
       • Quote:

         “You hear these explicit discussions. Let's further gerrymander our state to basically reclaim control of the U.S. House of Representatives…most political scientists say it amounts to about 15 to 20 votes currently in favor of Republicans.” — Sen. Merkley (09:38)

4. Persistent Anti-Democratic Infrastructure

• Lithwick emphasizes:
  • The anti-democratic infrastructure — from court capture to dark money — predates Trump and will continue unless reformed.
    • Quote:

      “…the capture of the courts, the dark money influence…. state Republican efforts to disenfranchise minority voters, that's been going on for a very long time. Removing Donald Trump…doesn't change any of that infrastructure. The money is continuing to pour into that.” — Dahlia Lithwick (07:39)

  • The need for ongoing vigilance and structural fixes is paramount.

Notable Quotes & Memorable Moments

• Dahlia Lithwick (03:56):

  “The American vision of representative government has slid over the cliff and it's like we caught a root and we are just clinging onto it by our fingertips.”

• Sen. Merkley (04:26):

  "In any republic you have a tension between the very powerful...and...grassroots voices…who want to use the power of the ballot box to address the fundamental needs of ordinary people."

• Sen. Merkley (07:28):

  “…our job under the Constitution here in the Senate…is to defend the constitutional vision of the participation of Americans…That is government of, by, and for the people.”

• Sen. Merkley (09:12):

  “When we voted on disclosure, suddenly they voted against it, protecting that money…The hundreds of millions of dollars that really stemmed from [the] Citizens United decision.”

• Dahlia Lithwick (07:39):

  “Removing Donald Trump…doesn't change any of that infrastructure. The money is continuing to pour into that. And that's one of the things you want to turn off?”

Timestamps for Important Segments

• 00:02–02:39 — Episode setup: The urgency of democracy reform after four years of “illiberalism” and the passing of S1/HR1.
• 03:00–04:26 — The perception of democracy’s survival and its actual frailty.
• 04:26–07:30 — Merkley on structural power vs. grassroots democracy; practical vote suppression tactics.
• 07:30–09:55 — S1/HR1’s objectives: attacking dark money, voter suppression, and gerrymandering; the persistence of anti-democratic forces.

Conclusion

This episode underscores the urgent and ongoing battle for the soul of American democracy. Lithwick and Senator Merkley stress that the threats of authoritarianism, dark money, and disenfranchisement are not in the past — they're entrenched, systemic, and escalating. The For the People Act (S1/HR1) is presented not as a partisan maneuver but as a constitutional imperative to revitalize government “of, by, and for the people.”