WASHINGTON —

Voting legislation that Democrats and civil rights groups argued is vital for protecting democracy was blocked Wednesday by a Republican filibuster, a setback for President Joe Biden and his party after a raw, emotional debate.

Democrats were poised to immediately pivot to voting on a Senate rules change as a way to overcome the filibuster and approve the bill with a simple majority. But the rules change was also headed toward defeat, as Biden has been unable to persuade two holdout senators in his own party, Kyrsten Sinema of Arizona and Joe Manchin of West Virginia, to change the Senate procedures for this one bill.

"This is not just another routine day in the Senate, this is a moral moment," said Sen. Raphael Warnock, D-Ga.

The initial vote was 49-51, short of the 60 votes needed to advance over the filibuster. Senate Majority Leader Chuck Schumer, D-N.Y., voted no for procedural reasons so Democrats can revisit the legislation.

The nighttime voting capped a day of piercing debate that carried echoes of an earlier era when the Senate filibuster was deployed in lengthy speeches by opponents of civil rights legislation.

Voting rights advocates are warning that Republican-led states nationwide are passing laws making it more difficult for Black Americans and others to vote by consolidating polling locations, requiring certain types of identification and ordering other changes.

Vice President Kamala Harris presided, able to cast a potentially tie-breaking vote in the 50-50 Senate.

Democrats decided to press ahead despite the potential for high-stakes defeat at a tumultuous time for Biden and his party. Biden is marking his first year in office with his priorities stalling out in the face of solid Republican opposition and the Democrats' inability to unite around their own goals. But the Democrats wanted to force senators on the record — even their own party's holdouts — to show voters where they stand.

"I haven't given up," Biden said earlier at a White House news conference.

Sinema and Manchin have withstood an onslaught of criticism from Black leaders and civil rights organizations, and they risk further political fallout as other groups and even their own colleagues threaten to yank campaign support.

Schumer contended the fight is not over and he ridiculed Republican claims that the new election laws in the states will not end up hurting voter access and turnout, comparing it to Donald Trump's "big lie" about the 2020 presidential election.

The Democrats' bill, the Freedom to Vote: John R. Lewis Act, would make Election Day a national holiday, ensure access to early voting and mail-in ballots — which have become especially popular during the COVID-19 pandemic — and enable the Justice Department to intervene in states with a history of voter interference, among other changes. It has passed the House.

Both Manchin and Sinema say they support the legislation but are unwilling to change Senate rules. With a 50-50 split, Democrats have a narrow Senate majority — Harris can break a tie — but they lack the 60 votes needed to overcome the GOP filibuster.

Instead, Schumer put forward a more specific rules change for a "talking filibuster" on this one bill. It would require senators to stand at their desks and exhaust the debate before holding a simple majority vote, rather than the current practice that simply allows senators to privately signal their objections.

But even that is expected to fail because Manchin and Sinema have said they are unwilling to change the rules on a party-line vote by Democrats alone.

Emotions were on display during the floor debate.

When Sen. Dick Durbin, D-Ill., asked Senate Republican leader Mitch McConnell of Kentucky whether he would pause for a question, McConnell left the chamber, refusing to respond.

Durbin said he would have asked McConnell, "Does he really believe that there's no evidence of voter suppression?"

The No. 2 Republican, Sen. John Thune of South Dakota, said at one point, "I am not a racist."

McConnell, who led his party in doing away with the filibuster's 60-vote threshold for Supreme Court nominees during Donald Trump's presidency, warned against changing the rules again.

McConnell derided the "fake hysteria" from Democrats over the states' new voting laws and called the pending bill a federal takeover of election systems. He said doing away with filibuster rules would "break the Senate."

Manchin drew a roomful of senators for his own speech, upstaging the president's news conference and defending the filibuster. He said majority rule would only "add fuel to the fire" and it was "dysfunction that is tearing this nation apart."

"For those who say bipartisanship is impossible, we have proven them wrong," Manchin said, citing the recent infrastructure bill he helped pass into law. "We can do it again. ... We can make it easier to vote."

Several members of the Congressional Black Caucus walked across the Capitol building for the proceedings. "We want this Senate to act today in a favorable way. But if it don't, we ain't giving up," said Rep. James Clyburn, D-S.C., the highest-ranking Black member of Congress.

Manchin did open the door to a more tailored package of voting law changes, including to the Electoral Count Act, which was tested during the Jan. 6, 2021, insurrection at the Capitol. He said senators from both parties are working on that and it could draw Republican support.

Sen. Lisa Murkowski, R-Alaska, said a bipartisan coalition should work on legislation to ensure voter access, particularly in far-flung areas like her state, and to shore up Americans' faith in democracy.

"We don't need, we do not need a repeat of 2020 when by all accounts our last president, having lost the election, sought to change the results," Murkowski said.

She said the Senate debate had declined to a troubling state: "You're either a racist or a hypocrite. Really, really? Is that where we are?"

Once reluctant himself to change Senate rules, Biden has stepped up his pressure on senators to do just that. But the push from the White House, including Biden's blistering speech last week in Atlanta comparing opponents to segregationists, is seen as too late.

At one point Democratic senators huddled in the cloakroom, in deep discussion with Manchin. Sinema sat in her chair throughout the debate, largely glued to her phone.

___

Associated Press writers Farnoush Amiri and Brian Slodysko contributed to this report.

Days before the anniversary of the Jan. 6 attack on the Capitol, Majority Leader Chuck Schumer announced the Senate will vote on filibuster rules changes to advance stalled voting legislation that Democrats say is needed to protect democracy.

In a letter Monday to colleagues, Schumer, D-N.Y., said the Senate “must evolve” and will “debate and consider” the rules changes by Jan. 17, on or before Martin Luther King Jr. Day, as the Democrats seek to overcome Republican opposition to their elections law package.

“Let me be clear: January 6th was a symptom of a broader illness — an effort to delegitimize our election process," Schumer wrote, “and the Senate must advance systemic democracy reforms to repair our republic or else the events of that day will not be an aberration — they will be the new norm.”

The election and voting rights package has been stalled in the evenly-split 50-50 Senate, blocked by a Republican-led filibuster and leaving Democrats unable to mount the 60-vote threshold needed to advance it toward passage.

Democrats have been unable to agree among themselves over potential changes to the Senate rules to reduce the 60-vote hurdle, despite months of private negotiations.

Two holdout Democrats, Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, have tried to warn their party off changes to the Senate rules, arguing that if and when Republicans take majority control of the chamber, they could use the lower voting threshold to advance bills Democrats oppose.

President Joe Biden has waded cautiously into the debate — a former senator who largely stands by existing rules but is also under enormous political pressure to break the logjam on the voting legislation.

How the Senate rules would be changed remains under discussion.

Voting rights advocates warn that Republican-led states are passing election legislation and trying to install elections officials loyal to the former president, Donald Trump, in ways that could subvert future elections.

Trump urged his followers last Jan. 6 to “fight like hell” for his presidency, and a mob stormed the Capitol trying to stop Congress from certifying the state election tallies for Biden. It was the worst domestic attack on the seat of government in U.S. history.

WASHINGTON —

The bipartisan infrastructure deal senators brokered with President Joe Biden is hanging precariously ahead of a crucial Wednesday test vote as they struggle over how to pay for nearly $1 trillion in public works spending.

Tensions were rising as Republicans prepared to mount a filibuster over what they see as a rushed and misguided process. With Biden preparing to hit the road to rally support for his big infrastructure ideas — including some $3.5 trillion in a follow-up bill — restless Democrats say it's time to at least start debate on this first phase of his proposals.

"It is not a fish or cut bait moment," Senate Majority Leader Chuck Schumer, D-N.Y., said Tuesday, describing the procedural vote as just a first step to "get the ball rolling" as bipartisan talks progress.

Six months after Biden took office, his signature "Build Back Better" campaign promise is at a key moment that will test the presidency and his hopes for a new era of bipartisan cooperation in Washington.

White House aides and the bipartisan group of senators have huddled privately since Sunday trying to wrap up the deal, which would be a first phase of an eventual $4 trillion-plus package of domestic outlays — not just for roads and bridges, but foundations of everyday life including child care, family tax breaks, education and an expansion of Medicare for seniors.

Biden calls it a "blue-collar blueprint for building an American economy back." He asserted Tuesday that Americans are overwhelmingly in support of his plan and "that's the part that a lot of our friends on the other team kind of miss."

The other team begs to differ.

Senate Republican leader Mitch McConnell and some outside groups decry what they call Biden's "spending spree," and McConnell has said big spending is "the last thing American families need."

A core group of Republicans are interested in pursuing a more modest package of traditional highway and public works projects, about $600 billion in new funds, and say they just need more time to negotiate with their Democratic colleagues and the White House.

Senators from the bipartisan group emerged upbeat Tuesday from another late-night negotiating session with Biden aides at the Capitol, saying a deal was within reach and even a failed vote Wednesday would not be the end of the road.

Republican Sen. Bill Cassidy of Louisiana said the test vote Wednesday afternoon could be useful in helping to "advance and expedite" the process.

"We are so close," said Democratic Sen. Jon Tester of Montana.

Biden has been in touch with both Democrats and Republicans for several days, and his outreach will continue "until he has both pieces of legislation on his desk to sign them into law," White House Press Secretary Jen Psaki said Tuesday.

While Biden proposes paying for his proposals with a tax hike on corporations and wealthy Americans who earn more than $400,000 a year, the bipartisan group has been working almost around the clock to figure out a compromise way to pay for its package, having dashed ideas for boosting the gas tax drivers pay at the pump or strengthening the Internal Revenue Service to go after tax scofflaws.

Instead, senators in the bipartisan group were considering rolling back a Trump-era rule on pharmaceutical rebates that could bring in some $170 billion to be used for infrastructure. They were also still haggling over public transit funds.

Ten Republicans would be needed in the evenly split Senate to join all 50 Democrats in reaching the 60-vote threshold required to advance the bill past a filibuster to formal consideration.

Republicans are reluctant to open debate as the bipartisan bill remains a work in progress.

At a private lunch meeting Tuesday, McConnell and others urged Republican senators to vote no, according to a person granted anonymity to discuss the session.

"We're not going to vote to proceed to a bill that doesn't exist yet," Sen. Roy Blunt of Missouri said afterward.

Some senators want to delay the vote to Monday. "We're making progress, but we need more time," said Sen. Susan Collins, R-Maine, one of the members of the bipartisan group.

By setting the vote now, Schumer is trying to nudge negotiations along, a strategy both parties have used before. If it fails Wednesday he can set another vote to proceed to the bill later.

Many Republicans are wary of moving ahead with the first, relatively slim package, fearing it will pave the way for the broader $3.5 trillion effort Democrats are preparing to pass on their own under special budget rules that only require 51 votes. Vice President Kamala Harris can break a tie.

Meanwhile, House Speaker Nancy Pelosi has been working to keep restless Democrats in her chamber in line, as rank-and-file lawmakers grow impatient with the sluggish Senate pace.

Liberal Democrats, in particular, are eager to make gains on Biden's priorities — with or without Republicans.

"Time's a-wasting, I want to get this work done," Rep. Pramila Jayapal, D-Wash., the chairwoman of the Congressional Progressive Caucus, told reporters Tuesday.

Jayapal warned against giving Republicans too much time to negotiate the deal away. "We have all the history in the world to show that this is what Republicans do time and time and time again," she said.

Rep. Peter DeFazio, D-Ore., the chairman of the House Transportation and Infrastructure Committee, dismissed the Senate's bipartisan effort as inadequate. He wants more robust spending on the transportation elements and said, "We want an opportunity to actually negotiate."

Democrat John Yarmuth of Kentucky, the chairman of the House Budget Committee, said if the bipartisan effort fails in the Senate, Democrats will simply include some of the infrastructure spending in the broader package they are compiling with Biden's other priorities.

Democrats hope to show progress on that bill before lawmakers leave Washington for their recess in August.

The legislative maneuvering marks a major test of Biden's ability to deliver on a massive package of economic promises and reforms he made during his campaign.

Biden is making the case that America needs to make up for lost time with fresh federal outlays to shore up its aging infrastructure and households struggling to recoup from a shifting economy and the COVID-19 pandemic.

The economy has come back to life as more Americans have gotten vaccinated and Biden's earlier $1.9 trillion relief package has coursed through the country. Employers have added an average of nearly 543,000 jobs a month since January, with Federal Reserve officials anticipating overall economic growth of roughly 7% this year that would be the highest since 1984. Yet there is also uncertainty as employers say they're struggling to find workers at the current pay levels and inflation concerns have yet to abate.

___

Associated Press writers Alan Fram, Darlene Superville and Josh Boak contributed to this report.

WASHINGTON —

Related video above: Biden discusses COVID-19 relief

Senate Republican leader Mitch McConnell warned ominously Tuesday of a “scorched earth” landscape if Democrats use their new majority to bring an end to the Senate filibuster in hopes of muscling legislation supporting President Joe Biden's agenda past GOP opposition.

McConnell unleashed the dire forecast of a Senate that would all but cease to function, implying that Republicans would grind business to a halt by refusing to give consent for routine operations — from the start time for sessions, to the reading of long legislative texts, to quorum call votes.

"Let me say this very clearly for all 99 of my colleagues: Nobody serving in this chamber can even begin — can even begin to imagine — what a completely scorched earth Senate would look like," McConnell said in a Senate speech.

McConnell said the partisan gridlock of the Trump and Obama eras would look like "child's play" compared to what's to come.

The GOP leader's stark remarks landed as the Biden administration is taking a victory lap over the just-passed $1.9 trillion American Rescue Plan, the big COVID-19 relief package that was approved by Congress without a single Republican vote. Republicans acknowledged privately they are struggling to pry attention away from the bill, which appears to be popular among Americans benefitting from $1,400 cash payments, vaccine distribution and other aid, as the GOP focuses on future battles.

With the Senate evenly divided, 50-50, the rest of Biden's priorities face a tougher climb in Congress. While the Democratic-controlled House is able to swiftly approve a long list of potentially popular bills — to expand voting rights, extend gun purchase background checks and other measures — the rules of the Senate are more cumbersome. It typically requires 60 votes to break a filibuster to advance most legislation.

Senate Democratic leader Chuck Schumer brushed off McConnell's remarks as a "diversion" and said he hopes to work with Republicans on the upcoming bills, but said all options for filibuster changes are on the table.

Biden told ABC News’ George George Stephanopoulos on Tuesday: "I don’t think that you have to eliminate the filibuster, you have to do it what it used to be when I first got to the Senate back in the old days. You had to stand up and command the floor, you had to keep talking."

Senate Democrats are talking privately about changing the decades-old rules for the filibuster, which allows a single senator to block a bill by objecting. In earlier eras, senators would seize the floor, speaking for hours about their objections, as was done in the Hollywood movie “Mr. Smith Goes to Washington.” They also used it to stall civil rights legislation in the middle of the 20th century.

Supporters of the process say it protects the rights of the party not in power, but detractors argue it is being used to block popular bills.

Sen. Dick Durbin, D-Ill., said Tuesday that nearly 65 years after South Carolina Sen. Strom Thurmond’s record-setting 24-hour-plus filibuster over the 1957 Civil Rights Act, "the filibuster is still making a mockery of American democracy."

It takes 51 votes to change the Senate rules and do away with the filibuster, and Democrats do not appear to have support from within their ranks to do so, even with Vice President Kamala Harris serving as the tiebreaker. At least two Democratic senators, Joe Manchin of West Virginia, and Kyrsten Sinema of Arizona, have signaled their objections, but there may be more.

The Senate will be put to the test in the weeks ahead. As senators start considering the House-passed bills, Democrats will be testing Republican willingness to participate in the legislative process by amending the bills toward eventual passage.

If Republicans simply block the bills, Democrats are expected to lean in more forcefully to try to change the rules.

Some Democrats want to require senators who engage in filibusters to be forced to hold the floor, as Jimmy Stewart did in “Mr. Smith Goes to Washington.” These days, senators can simply signal their filibuster, which Durbin derided as "Mr. Smith Phones it in."

"We must change the rules," Durbin said.

McConnell warned Democrats not to take the next step, unveiling the actions he could take in retribution.

"This is an institution that requires unanimous consent to turn the lights on before noon, to proceed with a garden-variety floor speech, to dispense with the reading of a lengthy legislative text, to schedule committee business, to move even non-controversial nominees at anything besides a snail’s pace," he said.

Changes to the filibuster have been underway for a decade, an escalating procedural arms race alongside the nation's rising partisanship.

Democrats did away with the filibuster rules to overcome Republican stonewalling of President Barack Obama's executive branch nominations and some judicial nominees.

Republicans and McConnell then escalated the process by eliminating the filibuster for Supreme Court justices, smoothing confirmation of President Donald Trump's three high court nominees.

A proposed compromise on voting rights now has the support of a key advocate.

Stacey Abrams says she "absolutely could" support Senator Joe Manchin's proposed changes to the Democrats' elections package and that she'll look to Senate Democratic leaders to build on it to protect voters and reverse state-level restrictions.

"Basic building blocks that we need to ensure that democracy is accessible no matter your geography. Those provisions that he is setting forth are strong ones that will create a level playing field, will create standards that do not vary from state to state and, I think, will ensure that every American has improved access to the right to vote despite the onslaught of state legislations seeking to restrict access to the right to vote," Abrams said.

But the top Republican in the Senate calls Manchin's changes unacceptable and says the legislation isn't necessary at all.

"I've taken a look at all these new state laws, none of them are designed to suppress the vote. There is no rational basis for the federal government trying to take over all of American elections," said Minority Leader Mitch McConnell.

McConnell doesn't expect the bill to get support from Republicans, which would be necessary to overcome a filibuster in the Senate. 

This story originally reported by Kamil Zawadzki on Newsy.com.