Susan Cornwell

WASHINGTON, (Reuters) – Faced with the possibility of the U.S. Federal Government defaulting on its debt within the next two week period, President Joe Biden said Tuesday that he is open to a temporary change to the Senate filibuster practice to avoid a Republican roadblock.

In the face of Republican resistance in the narrowly divided chamber, Senate Democrats suggested that the rule be changed. The law requires the 60-member chamber to consent to the passage of most legislation.

Biden served 36 years as a senator and previously stated that he was opposed to changes in the filibuster. Tuesday he said it was a “real possibility” Democrats would bypass the filibuster to prevent a debt default https://www.reuters.com/world/us/schumer-sets-us-debt-ceiling-vote-wednesday-tensions-rise-2021-10-05.

What IS A FILIBUSTER?

Filibuster is a term that refers to delaying action on a bill, or any other issue by speaking.

First captured in Frank Capra’s 1939 film “Mr. Smith Goes to Washington,” Jimmy Stewart played the role of a senator. In 2013, Wendy Davis, a Texas state senator spoke for thirteen hours to attempt to block a bill to restrict abortion.

It is a common image that a single lawmaker will argue for hours, but the truth of today’s Senate is different. A mere threat can initiate a filibuster or hold up a bill.

Filibuster cannot be stopped by a majority of 60 senators voting to terminate the debate through a procedure called Cloture.

WHY IS THE ROLE A PROBLEM TO DEMOCRATS

Only 50 Senators are available to Democrats, but they cannot overcome filibusters without at least 10 Republicans voting with them.

Democrats managed to pass Biden’s $1.9 trillion COVID-19 stimulant plan without the need for a supermajority. This was achieved through a Senate maneuver known as “reconciliation” with help from Vice President Kamala Harris’s tiebreaking 51st vote. However, the rules restrict the process’s use.

They did receive 19 Republican votes in favor of a $1 billion package to improve the nation’s roads, bridges, and other infrastructure. However, Republicans are blocking many Democratic priorities, such as a voting rights measure. Senate Minority Leader Mitch McConnell has blocked any vote to lower the debt ceiling. It raises the danger of a catastrophe default.

This changed everything for Biden.

WHEN WAS THE SENATE CONFIRMED THE FILIBUSTER RULE?

Although filibusters are not mentioned in the U.S. Constitution, lengthy Senate speeches have become a more common strategy since the 19th century.

The majority of senators were fed up by 1917 and agreed that the debate could be ended with a simple vote of two-thirds.

It was difficult to secure two-thirds support in the Senate, so filibusters went on. These filibusters were used to great effect by the southern senators, who tried to block civil right laws.

1973: The Senate reduced the Senate’s requirement to limit debate to three fifths of its members. There are currently sixty senators.

The Senate leadership agreed to let measures facing filibuster be put aside, while other bills were being considered.

It was meant to keep opposition from a single bill from bringing all the work in the chamber halt. But it also changed the filibuster’s energy-draining technique that involves long speeches into an object, or threat to object.

Filibusters have increased in number over the years. Due to the uncertain nature of threats, it is impossible to know how many bills get filibustered each year. A count of votes cast to override a filibuster is the best proxy. It shows that 298 such votes were recorded in the 2019-2020 legislative session. This is an increase of 168 votes from the two previous years. Six were present in 1969-1970.

Filibustering became more effective and less expensive when filibuster bills were removed. This was contrary to what it had been intended. “And it may have, paradoxically,” Sarah Binder from George Washington University, who was a co-author of a book on filibuster.

IS THE FILIBUSTER AVAILABLE FOR CHANGE?

In addition to the changes in voting requirements for cloture, there have been other modifications.

Democrats eliminated the 60 vote threshold to elect nominees for Administration jobs.

For Supreme Court nominees, the Republicans made it exactly the same in 2017. Both changes in 2013 and 2017 were approved by simple majority vote.

The question is: After making exceptions to the rule in order to avoid a crisis of debt, will Democrats, or future Republican majorities, limit or even eliminate the use of filibuster?

WHO PROPOSES CHANGE

McConnell for one. He tried to secure a promise by Chuck Schumer, his Democratic counterpart to preserve the filibuster at the beginning of the year but was unsuccessful.

Kyrsten Silena and Joe Manchin (both centrists) have both supported the threshold with at least 60 votes. Schumer is unable to get the necessary majority support without these senators.

Manchin and Sinema were unable to be reached immediately Tuesday for comment about whether Biden’s recent change in heart, and the imminent debt crisis would affect their position.