Anyone who understands American politics also understands how uniquely undemocratic the United States Senate has become, giving equal representation to sparsely populated states like Wyoming and Alaska as to a state like California with fifty times the number of resident. In practice, Republicans are vastly overrepresented in the chamber formerly known as “the world’s most deliberative body,” meaning Democratic priorities, as well as judicial appointments, have been dead on arrival ever since the GOP captured the Senate in 2014 and elevated Mitch McConnell to the position of Majority Leader.

In this clip from The Damage Report, John Iadarola and The Nation Justice Correspondent Elie Mystal discuss the problem of the senate, and how the upcoming Georgia runoff elections may affect the balance of power in 2021 and determine whether Joe Biden will have any chance of getting his legislative agenda passed. In just one example, Elie points out that if McConnell retains the leader’s gavel, he could legitimately refuse to vote on any of the estimated hundred or so federal judge nominees that are likely to come up rather quickly, as aging Democratic-leaning judges take the opportunity to retire now that a Democrat is in the White House.

Elie says the solution to that problem would be for Biden to go ahead and appoint the judges and instruct them to show up for work, and then let McConnell and the Republicans try to stop him. However, he admits that, quote, “Biden’s not that guy,” so the prospect of the senate as a black hole from which nothing escapes remains a very real possibility, depending on what happens in Georgia this January.