But even if he wins the White House in 2020, he will face considerable institutional obstacles in pursuing his agenda in Congress. Some senators who have been previously skeptical of change, such as Chris Coons (D-Del. Senators often speak about their principled support for the filibuster. Here’s the catch: Ending debate on a resolution to change the Senate’s standing rules requires the support of two-thirds of the members present and voting. One involves nominations to executive branch positions and federal judgeships on which, thanks to two procedural changes adopted in 2013 and 2017, only a simple majority is required to end debate. because the senate does not share a time limit on how long the bill can be debated on, unlike the house of representatives, in which the rules committee sets specific time limits and dates in which a bill can be voted on. Opponents would simply filibuster the motion to ban the filibuster. Perhaps the best known and most consequential example of these are special budget rules, known as the budget reconciliation process, that allow a simple majority to adopt certain bills addressing entitlement spending and revenue provisions, thereby prohibiting a filibuster. For example, a Senate majority could prevent senators from filibustering the motion used to call up a bill to start (known as the motion to proceed). While the first filibuster occurred in 1837, fewer than two dozen filibusters were enacted in the 19th century. For his part, Biden told reporters in July that “depend[ing] on how obstreperous [Republicans] become … I think you’re going to just have to take a look” at abolishing the procedure. And in July 2013, Democratic Senate Majority Leader Harry Reid threatened its use to stop Republicans from filibustering President Barack Obama’s executive-branch nominees. Should we believe him? This decision was not a strategic or political one—it was a simple housekeeping matter, as the Senate was using the motion infrequently and had other motions available to it that did the same thing. A second option targets the so-called Byrd Rule, a feature of the budget reconciliation process.

Darrell West explains the different vote-by-mail systems and addresses fears over the political consequences of mail voting and potential for fraud. A second includes certain types of legislation for which Congress has previously written into law special procedures that limit the amount time for debate. Joe Biden may push for the filibuster’s elimination, but it’s ultimately up to the Senate to set the process in motion. Finally, senators may be concerned about the future; in an era of frequent shifts in control of the chamber, legislators may worry that a rule change now will put them at a disadvantage in the near future. It was updated on September 9, 2020. The Senate could also move to weaken the filibuster without eliminating it entirely. Filibusters then became a regular feature of Senate activity, both in the run-up to and aftermath of the Civil War.

If a majority of the Senate votes to reverse the decision of the chair, then the opposite of the chair’s ruling becomes the new precedent. If no objection is heard, the Senate proceeds to a vote.

Senators have never successfully made good on their threat to invoke the nuclear option and bring an end to the filibuster, but if they did, it could have huge consequences for the future of the Senate and the ability to keep the majority in check. With a series of votes today, the Senate “went nuclear,” reducing the number of votes needed to end debate on a Supreme Court nomination from 60 to 51. Most often, the majority leader (or another senator) seeks “unanimous consent,” asking if any of the 100 senators objects to ending debate and moving to a vote. The Senate cloture rule—which requires 60 votes to cut off debate on most measures—is probably the highest hurdle. But the filibuster could still survive unified party control. While much of the Senate’s business now requires the filing of cloture motions, there are some important exceptions.

Brookings unpacks the issues shaping the 2020 election through fact-based analysis. The chamber’s precedents exist alongside its formal rules to provide additional insight into how and when its rules have been applied in particular ways. Republican and Democratic senators alike have taken turns on whether they approve or disapprove of the filibuster (depending on which party is in power) and have threatened to impose what they have started to call the nuclear option — changing the Senate cloture rule to 51 votes, rather than 60. This gives Senator Thurmond the record for the longest uninterrupted filibuster in the history of the U.S. Senate.

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