It would be really nice if in the 116th Congress, the Senate changed their rules to prohibit secret legislation.
Unfortunately, as long as the Republicans control the Senate, this is unlikely to happen. Especially once they discover that this is the only way to create legislation that will please their masters without tipping off the people they represent.
So what will it take to return the Senate back to the Democrats? The Democrats need to flip three seats in the 2018 midterms. Should be easy, right? Not so fast. Of the 33 seats up for re-election next year, only eight are currently held by Republicans. Those magic eight are:
Arizona — Jeff Flake
Mississippi — Roger Wicker
Nebraska — Deb Fischer
Nevada — Dean Heller
Tennessee — Bob Corker
Texas — Ted Cruz
Utah — Orrin Hatch
Wyoming — John Barrasso
As anyone can see, there are some very red states and some very entrenched GOP fossils on that list. Flipping three will be difficult (and that would have to be done without the Republicans flipping a single Democratic seat).
But it’s not impossible. If the Senate continues to pass legislation supported by only 17% of the American people, and they decide that secrecy is going to be their SOP, even the deeply red entrenched fossils may need to worry.