The Democrats are only "free" of filibuster if all 60 Democratic Senators always vote the same way. Events show this is not a given.
Filibusters could have been stopped before this if some of the republicans or the independents voted along with the Democrats. Events show that this is not uncommon.
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abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.
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