57
votes
Accepted
Can the Democrats filibuster the vote for a new judge for the Supreme Court?
It is not possible for Democrats to filibuster the nomination under the current Senate rules, due to Mitch McConnell's use of the 'nuclear option' in 2017 which allowed a nomination debate to be ended ...
CDJB♦
- 96.2k
44
votes
Accepted
Even if Democrats have control of the Senate, won't new legislation just be blocked with a filibuster?
In the Senate, there is the so-called "Nuclear Option" that permits the rules of the Senate to be changed with a simple majority. These rules include the 60-vote rule to close debate, which ...
- 1,503
35
votes
Accepted
Why did Mitch McConnell vote against cloture for the continuing resolution on 2018-01-19 despite supporting it?
It’s for “procedural reasons to preserve his right to bring the bill up again”.
This article from the Washington Post explains why former Senate Majority Leader Harry Reid always seemingly vote ...
- 46.3k
28
votes
Even if Democrats have control of the Senate, won't new legislation just be blocked with a filibuster?
Assuming that 60 out of 100 senators will never agree on the same thing...
That's a huge assumption, which is to say that it is unrealistic. There are lots of things that will not attract the ...
- 16.4k
22
votes
Accepted
Is there anything stopping an impeachment trial from being filibustered?
Is there anything stopping an impeachment trial from being filibustered?
Yes, there is a specific rule limiting debate time; and, unlike bills, amendments and resolutions, no procedure for amendments ...
- 30.7k
18
votes
Accepted
Is Japan unique in allowing for a 牛歩 or "ox walk" filibuster?
Quoth Wikipedia on obstructionism:
Another form of parliamentary obstruction practiced in the United States and other countries is called "slow walking". It specifically refers to the extremely ...
- 15.7k
17
votes
Accepted
Historically, why is the filibuster allowed?
The Senate must close the debate in order to proceed. In the original rules, this required a motion called the previous question. In 1805, Aaron Burr argued that this was unnecessary and the rules ...
- 88.7k
17
votes
Why aren't Democrats denying Gorsuch a hearing instead of just filibustering?
The Senate Judiciary Committee is in charge of holding hearings prior to the confirmation of Supreme Court nominees.
Since Republicans control the Senate, the 20-member committee would consist of 11 ...
- 46.3k
17
votes
Even if Democrats have control of the Senate, won't new legislation just be blocked with a filibuster?
One thing they will be able to do is repeal regulations that have been finalized by the Trump administration in the last few months (many of which were rushed to completion during the lame-duck period)...
- 2,604
17
votes
Accepted
What was the one bill that Republicans filibustered in 2020?
What was the one bill that Republicans filibustered in 2020?
TL; DR: None.
Given the total of 328 and the 327 to 1 distribution in John Roberts' tweet, it appears he was referring to number of ...
- 12.5k
16
votes
Even if Democrats have control of the Senate, won't new legislation just be blocked with a filibuster?
Control of the Senate controls the agenda. Examples:
Nominations for positions and judges. In controlling the Senate agenda, The Republican majority leader took no action on a Supreme Court nominee ...
- 2,637
15
votes
Even if Democrats have control of the Senate, won't new legislation just be blocked with a filibuster?
Even without eliminating the filibuster, quite a lot of legislation can be passed through Reconciliation, which requires only a simple majority (50+VP) to pass. While this is, in theory, only ...
- 940
15
votes
Accepted
If the Democrats get rid of the filibuster to pass voting rights can the next congress repeal these voting rights with a simple majority?
If the Democrats get rid of the filibuster to pass voting rights can the next congress repeal these voting rights with a simple majority?
The next Congress? Probably not. The next Congress runs from ...
- 12.5k
12
votes
Accepted
What would happen if the filibuster rule was abolished in the current US Senate?
The tie-breaking vote that the VP has in the US Senate is set in the Constitution. The filibuster is set out in the rules of the Senate.
If the Senate decides to remove the ability to filibuster, it ...
- 27.8k
11
votes
Accepted
Why would a liberal be nervous under a conservative majority House/Senate/President, when a Senate vote for cloture requires 60 votes?
There are several reasons for this.
Nuclear Option
Basically, there is nothing stopping the Republican party from removing the 60 vote cloture and then passing everything with the 52 person majority ...
- 718
10
votes
Accepted
Is there a contingency if a power sharing agreement cannot be made?
The issue under discussion is the Organizing Resolution, which details the rules, membership, and budgets of committees, among other things. The Organizing Resolution is a "simple resolution"...
- 25.9k
9
votes
Is there anything stopping an impeachment trial from being filibustered?
Not 100% sure, but I think the rules are that Senators are not allowed to give [unlimited] floor speeches during the trial. They can mainly pass written messages.
Senators will only have the ...
- 125k
9
votes
Accepted
Did the Founding Fathers consider creating something similar to the current filibuster?
Actually, upon further research, it seems that a supermajority requirement to pass legislation was discussed and dismissed in several of the Federalist Papers.
In FEDERALIST NO. 22, Alexander Hamilton ...
- 25.9k
9
votes
Has any recent Republican legislation been blocked solely by the filibuster?
Yes, Democrats used the filibuster to kill the late-term abortion ban bill in 2018. It had passed the House, had the support of the majority of the Senate, and would’ve been signed by President Trump.
...
- 8,052
7
votes
Accepted
Filibusters in the United States Senate
Actually, the original purpose of a filibuster is to prevent a vote on the bill. At some times, a group would get together and pass the speaker's role to each other, to allow some rest.. Other times ...
- 2,652
7
votes
Why hasn't the filibuster been removed?
Perhaps someday it will be, but this is called the "nuclear option" for good reason.
Each party has used the filibuster to prevent legislation, or at least force amendments to legislation ...
- 106k
6
votes
How did Tax Reform (2017 December) pass with a simple majority in Senate?
The rule isn't that spending bills can pass with a simple majority. The rule is that up to two bills a year can be passed via budget reconciliation. This is limited to one spending bill and one ...
- 88.7k
6
votes
Can senators walk out of a filibuster?
The purpose of the filibuster is not to force everyone to listen to you read the phone book - it's to delay the matter before the Senate. So it would still be "effective" if everyone left, because if ...
- 2,337
6
votes
Accepted
Can senators walk out of a filibuster?
Yes, but
As a general rule, Senators can walk out during almost anything. They are only forced to stay by their own conscience and how it might look to voters if they left.
It's also worth noting ...
- 88.7k
6
votes
If the Democrats get rid of the filibuster to pass voting rights can the next congress repeal these voting rights with a simple majority?
Yes, they can because that is how congress works, any bill passed by a simple majority can be repealed by a simple majority.
All bills can be passed with a simple majority, the filibuster has nothing ...
- 12.8k
5
votes
Can the US Senate stop the filibuster by silencing the minority?
Elizabeth Warren was accused of being violating Senate Rule XIX.
No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any ...
- 46.3k
5
votes
Why would a liberal be nervous under a conservative majority House/Senate/President, when a Senate vote for cloture requires 60 votes?
In October of 2011, Harry Reid trigger the Nuclear Option. In short, he was able to push through the confirmation of a number of federal judges with a simple majority without threat of filibuster. No ...
5
votes
Why did Senate Democrats take the "nuclear option" in 2013?
What made the nuclear option this time around so tenable, as [o]pposed to say 2005?
It appears to have been a combination of frustration and desperation. A PolitiFact article, November 22, 2013, that ...
- 30.7k
4
votes
Why would filibuster work if opposition has more than enough votes to pass bill?
The cloture only happened for the substitute Civil Rights bill; from Wikipedia:
After 54 days of filibuster, Senators Hubert Humphrey (D-MN), Mike Mansfield (D-MT), Everett Dirksen (R-IL), and ...
- 125k
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