Cumbersome or not, the discharge petition is a weapon for sensible governance in the face of legislative nihilism. There is at least one such petition pending, which was introduced some time ago to have as a safety valve against a possible default, on a bill introduced by Democrat Mark DeSaulnier of California. It could be adapted, if need be, to prevent or end a future government shutdown. Democrats now need to begin other petitions, especially to ensure funding for Ukraine—something Jordan has already said he would not allow to come before the House.
The 45-day extension of funding to prevent an immediate shutdown on October 1, the measure that spelled McCarthy’s demise as speaker, removed funding for Ukraine. There is enough aid in the pipeline right now to prevent catastrophe, but the failure to add funding after the continuing resolution expires, whether there is a shutdown in mid-November or not, would give Putin and Russia a huge gift. A clear majority of the House, Democrats and Republicans, support giving aid to Ukraine. If the GOP leadership, bowing to the wishes of their pro-Russian minority, prevents it, there is thus a way around them.
Of course, discharge petitions will require at least some Republicans to sign on. If all the Democrats do, which is likely on both a possible shutdown and aid to Ukraine, it would only require five or six Republicans to bring it to the floor. Far more than that want to keep the government open at the funding levels McCarthy had agreed to with the debt ceiling deal, before he reneged, and want to thwart the brutal Russian invasion of Ukraine. But getting them to defy their leaders in public and face shunning by their colleagues and supporters, or threats of a MAGA-backed primary or even of physical violence, is no sure thing. The failure to support actions that are widely supported by the public and manifestly in the public interest would have its own costs, though, especially for those Republicans in swing districts. In any event, government by discharge petition may be our only hope of thwarting chaos.