A List of Every Senate Democrat Who Voted With Republicans to Overrule D.C.’s Criminal Reforms

On Wednesday, the Senate voted 81–14 to overturn the District of Columbia’s criminal codes, subverting many months of work that residents and officials invested to update laws that haven’t been dusted off in over 100 years.

It was all part of a right-wing charade against D.C.’s autonomy and fearmongering against even modest criminal justice reform. One D.C. resident described it as a “slap in the face.” Here’s every Senate Democrat and independent who joined Republicans in that slap:

• Tammy Baldwin
• Michael Bennet
• Richard Blumenthal
• Sherrod Brown
• Maria Cantwell
• Bob Casey Jr.
• Chris Coons
• Catherine Cortez Masto
• Kirsten Gillibrand
• Maggie Hassan
• Martin Heinrich
• John Hickenlooper
• Tim Kaine
• Mark Kelly
• Angus King
• Amy Klobuchar
• Ben Ray Luján
• Joe Manchin
• Bob Menendez
• Patty Murray
• Jon Ossoff
• Alex Padilla
• Gary Peters
• Jacky Rosen
• Brian Schatz
• Chuck Schumer
• Jeanne Shaheen
• Kyrsten Sinema
• Tina Smith
• Debbie Stabenow
• Jon Tester
• Mark Warner
• Ron Wyden

Thirteen Democrats plus Bernie Sanders voted “nay.” Raphael Warnock voted “present,” while Senators Tom Carper, Dianne Feinstein, and John Fetterman did not vote.

On Wednesday, the Senate voted 81–14 to overturn D.C.’s criminal code reforms, subverting months of work that residents and officials invested to update codes that haven’t been dusted off in over 100 years.

The vote signals the official death of D.C.’s proposed criminal code updates. Local officials will have to continue using archaic codes until the D.C. City Council can pass new ones that again have to be approved by the federal government.

The House voted last month to block both the updated criminal codes and another bill that would have extended voting rights to noncitizens in D.C. (An estimated 7 percent of D.C. residents are noncitizens of some form.) It did so with the help of 31 Democrats, including Elissa Slotkin, the party’s heir-apparent Senate candidate in Michigan, and lone anti-abortion Democrat Henry Cuellar.

Inspired by the moderate wing of his party, President Joe Biden announced last week his own support for joining the right-wing campaign against D.C.’s duly owed autonomy. Though Biden called “denial of self-governance” in Washington, D.C., “an affront to the democratic values on which our Nation was founded,” in April 2021, he announced last week that “if the Senate votes to overturn what D.C. Council did–I’ll sign it.”

He cited only one specific change, “lowering penalties for carjackings,” as a cause for concern. In reality, the bill updated an obsolete and unusual 40-year maximum sentence for carjacking to a more realistic 24-year maximum (still higher than most actual sentences).

With the Senate now joining the House in the rejection, and Biden presumably set to finish the task, the rule of a government overseeing 700,000 residents has been wholly subverted by the federal government. Not only is this a complete federal takeover of local government rule (one that seldom happens in any other community in America), but it also was one spurred forward by a dishonest fearmongering campaign propelled by conservatives.

The bill was approved unanimously by the D.C. City Council. It then voted 12–1 to override Mayor Muriel Bowser’s veto of it (she had said she approved 95 percent of the bill anyhow). And the reforms did not haphazardly reduce criminal sentences. The council tasked with updating the code (staffed by legal experts, including representatives from the D.C. attorney general’s and U.S. attorney’s offices) used data from a decade’s worth of cases to align the code with the kinds of penalties judges were already sentencing people to.

The bill also updated the court’s ability to stack offenses like building blocks. Though maximum sentences for various stand-alone offenses might’ve gone down (often because the existing ones were outdatedly high), the new codes defined many more offenses, and degrees of them, enabling courts to put together more proportional and logical sentences. For instance, in cases related to carjackings that also have a violent component, court sentences would more accurately reflect each characteristic of the crime.

The D.C. City Council was simply dusting off old codes and making them more efficient for courts. The updates didn’t even embody the larger shift of resources from overpolicing to community investment actually needed to start making the public safer. But moderate Democrats joined the right-wing charade anyway. Predictably, Democrats are getting no reward from Republicans for playing along; in her remarks today advocating to overturn D.C.’s reforms, Senator Joni Ernst displayed a sign that read “Life in Biden’s America,” depicting a crime scene with a chalk outline, yellow tape and all. Moderate Democrats, led by Biden, betrayed their supposed principles just to embarrassingly lose the politics of it all too.

The Ohio Senate passed a bill Wednesday loosening labor protections for minors, a measure that is likely to become law as Republicans also control the state House and governor’s office.

The bill, which passed 25-7 along party lines, would allow 14- and 15-year-olds to work until 9:00 pm any time of the year if they have permission from their legal guardian. Current law prohibits kids under the age of 16 from working between those hours during the school year.

The bill would still limit kids under age 16 from working more than three hours a day on a school day and for more than 18 hours a week during the school year.

Republican backers of the bill argued that the measure would help tackle the workforce shortage seen as a result of the Covid-19 pandemic, as well as teach teenagers work ethic.

But Democrats argued that letting kids work wouldn’t address the root of the problem. Senator Kent Smith noted that two million people retired due to the pandemic and have not rejoined the workforce.

Instead, he said, lawmakers should focus on addressing the shortage of child care workers. More than half of the country without access to child care after child care workers quit en masse during the pandemic, according to the Center for American Progress.

“Twenty percent of stay-at-home mothers would enter the workforce if they had child care assistance,” Smith said. “That’s where we need to be targeting our workforce shortage.”

Ohio’s bill comes at a time when U.S. labor protections for minors are at a high-stakes crossroads. On Tuesday night, Arkansas Governor Sarah Huckabee Sanders signed a measure that rolls back child labor protections. The new law eliminates one of the state’s only means of oversight for child labor.

Sanders’s easing of child work protections also comes shortly after states including Iowa, Wisconsin, Minnesota, and New Hampshire introduced bills that would roll back child labor protections.

But all of these measures have come alongside a shocking New York Times investigation into a “shadow work force” of migrant children “across industries in every state,” working dangerous jobs that violate existing child labor protections.

The report has outraged labor activists and lawmakers, but apparently that hasn’t stopped state-level politicians from making it easier for children to end up in those roles.

On Wednesday, Republican Representative Mike Collins of Georgia’s 10th congressional district found the real reason for the disastrous train derailments happening across the country. It’s not the massive railroad companies throwing hundreds of millions into lobbying politicians, presidents who deregulated the railroad industry, or politicians who imposed corporate friendly contracts on already overworked rail workers. No, Collins suspects the real culprit is diversity, equity, and inclusion.

“After seeing another Norfolk Southern train derailed this weekend, I was reminded of the fact that the company wrote to shareholders stating that it is focused on DEI,” Collins said on the House floor. “This administration’s focus on DEI is forcing private companies to rethink their goals and one has to wonder, was Norfolk Southern’s DEI policies directing resources away from the important things like greasing wheel bearings? Now this insanity must stop.”

Using his precious taxpayer-funded time on the floor of the nation’s Capitol to spew nonsense, Collins seemed, like most conservatives, completely unconcerned with how things actually go wrong in the railroad industry. This is not revelatory, particularly given this outcome is exactly what conservative governance aims for: corporate friendly deregulation that prioritizes profits over the actual welfare or material outcomes for impacted people (workers, residents suffering from derailments, all taxpayers whose money funds a government that allows it all to keep happening).

But it’s worth taking a closer look at Collins’s personal record.

A freshman Republican in Congress, Collins has studiously avoided any mention of the influence of corporations in politics when he talks about the rail industry. Perhaps because of his own history. About 72 percent of his 2022 campaign fundraising came from large individual contributions and 12 percent from PAC contributions. He also pulled $531,000 from his own wallet, after he had received a now-forgiven PPP loan of $920,000.

Collins also wrote a Fox op-ed last month blaming “wokeness” at the Department of Transportation for its response to the train derailment in East Palestine, Ohio. While there are some legitimate concerns with the department’s response, wokeness isn’t one of them. In the op-ed, Collins lauded the “private sector” for its ability to “solve challenges,” ignoring that if there are over 1,000 train derailments every year, the private sector doesn’t really do this.

Collins leaned on his experience running a trucking company for over 30 years to preach about the private sector’s primacy anyhow. A review of Department of Transportation records showed that nearly 30 percent of Collins’s company trucks inspected in the last two years were deemed to be “out of service” and not authorized to operate. That’s higher than an already high national average of 22.1 percent.

In noninfrastructure news, Collins also recently hired veteran Republican operative and serial criminal Brandon Phillips to be his chief of staff.

Phillips was arrested in November 2022 for kicking a dog with his boot, cutting the animal’s stomach. He received one misdemeanor charge of animal cruelty and was held on a $1,200 bond, which he posted to get released.

In 2016, Phillips resigned from the Trump campaign after more parts of his history were revealed. In 2008, Phillips attacked a man, slashed his tires, and threw a woman’s laptop.

Phillips was said to have caused “visible bodily harm” and “cuts and bruises to the head and torso” of the male victim. He was arrested on charges of battery and felony criminal damage; before going to trial, Phillips pleaded guilty to lesser charges of criminal trespassing and battery. He was sentenced to three years of probation, 50 hours of community service, and a $1,567 fine, but Phillips got off with a year of probation after early release. That same year, Phillips allegedly pointed a gun at a woman. He was arrested on one charge of simple assault and battery, but the charges were dropped after Phillips completed pre-trial counseling.

Amid Tucker Carlson’s campaign to whitewash the violent January 6 riots, Collins, who seems to be a benefactor of lenience from the criminal justice system, has also demanded the release of January 6 attackers.

One could suggest Collins stay in his lane—whether it be trucking, or getting elected off of tons of corporate cash—but it seems like he ought not to be trusted in those ones either.

Washington, D.C., Delegate Eleanor Holmes Norton had some choice words for Joe Biden and her fellow Democrats Wednesday, hours before the Senate was set to vote on a motion to block changes to the city’s criminal code.

Republicans have led a successful fearmongering campaign against the overhaul of D.C.’s criminal code, which would provide badly needed updates to local legislation. Many Democrats have said they will vote alongside Republicans, and Biden said he won’t veto their efforts, denying the national capital the right to self-governance.

“Shame on him!” Norton said of Biden at a protest against the Republican disapproval resolution. “You either support D.C. home rule or you don’t. There are no exceptions, and there is no middle ground.”

About 200 people braved the cold to gather outside Union Station, just blocks away from the Capitol building. They beat bucket drums and danced to gogo music, both classic and historic D.C. sounds.

“What is happening in Congress is undemocratic,” Norton charged. “None of the 435 voting members of Congress were elected by D.C. residents; none of them are accountable to D.C. residents. Yet if they vote in favor of the disapproval resolution … they will choose to govern D.C. without its consent.”

She also warned that if the bill passes and Biden signs it, the win could “embolden Republicans to interfere in D.C.’s local affairs.”

“Just let ’em try!” she challenged.

Nearly 700,000 people live in the nation’s capital, most of them Black or brown. They do not have a voting member of Congress, and the federal government has the right to override policy decisions made by the D.C. City Council. If the disapproval measure passes, it will be the first time Congress has used that right in 30 years.

Biden has come under particular fire because he has been a vocal supporter of D.C.’s right to self-governance in the past. His announcement last week that he would not veto the disapproval measure if it came to his desk was seen as a massive betrayal.

Other protesters were equally frustrated with Biden and Congress. “Our autonomy is under attack,” Fari Gahmina Tumpe, 58, a community organizer, told The New Republic. “Not only do we deserve the right to have a voting seat at the table, but we also deserve the right to make our own laws and govern ourselves.”

Kesh Ladduwahetty, 59, a graphic designer, told TNR she was “just so angry.”

“I’m angry because our country talks so big about democracy,” Ladduwahetty, who has worked with states advocating for D.C. statehood for a decade, said. “This was a reasonable … law that we passed. It was a thoughtfully done thing, and it was done democratically. And now it’s being stamped on for purely political reasons.”

“We thought we were making such progress, and this has been such a slap in the face.”