Susan Cornwell

WASHINGTON (Reuters] – The U.S. president Joe Biden is open to changing Senate filibuster traditions to get around a Republican blockade that threatens key components of the Democratic agenda.

Biden spent 36 years as a senator and said that the Senate should change the process which requires 60 of 100 senators agree to most legislation. Republicans used this to block voting rights bills, which in turn brought us to an unsustainable debt default.

Although Democrats have a slim Senate majority, they could eliminate or modify the rule using that power. This would however require agreement from all members of the Senate, even moderates Joe Manchin & Kyrsten Silema who have raised objections.

What is the FILIBUSTER?

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

In Frank Capra’s movie, “Mr. Smith Goes to Washington”, in 1939, the Senate filibuster captured America’s imagination. Jimmy Stewart was the first to speak for over a day. Wendy Davis from Texas spoke 13 hours to stop a bill that would have placed new restrictions on 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.

Only 60 senators can vote to stop a filibuster. This is called cloture.

WHY IS THE ROLE A PROBLEM TO DEMOCRATS

Only 50 Senators are in the caucus of Democrats. They can’t win filibusters without at least 10 Republicans backing them.

Democrats passed Biden’s $1.9 billion COVID-19 stimulus package without needing a supermajority. They did so through another Senate maneuver, “reconciliation,” which was assisted by Vice President Kamala Harris’s 51st vote. The rules prohibit the use of this process.

They did receive 19 Republican votes in favor of a $1 billion package to improve the country’s infrastructure. However, Republicans are blocking many other Democratic priorities.

The filibuster was used by Senate Republicans to prevent voting rights legislation from being passed this year. This is to counter the new restrictions Democrats have passed in Republican-led States to address false claims made by Donald Trump’s supporters that his Nov 2020 defeat was due widespread fraud.

To avoid an unfavorable debt default, they are also warning about the possibility of filibustering a vote in December. Biden indicated earlier in the month that he is open to changing filibuster after a previous roadblock was put up against this measure.

At a CNN Town Hall on Thursday, he stated that he supports changing the rules to pass the voting rights bill “and maybe more”, but he wouldn’t make any move until Congress has passed a pair bills which contain most of his domestic agenda.

WHEN DIDN’T THE SENATE APPROVE THE FILIBUSTER ROLE?

Although filibusters aren’t mentioned in the Constitution at all, lengthy Senate speeches were a common tactic during the 19th Century.

The majority of senators felt enough by 1917 and decided to vote with two thirds.

It was difficult to secure two-thirds support in the Senate, so filibusters went on. They were popularly used by Southern senators to stop civil rights legislation.

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 to any one bill at bay, but the move also changed the filibuster from being an energy-draining device that involved long speeches to just an objection, or threat of object.

Filibusters have increased in number over the years. The 2019-2020 legislative session saw 298 votes cast to defeat a filibuster. This proxy is the closest reliable count. This compares to 168 of these votes the past two years. There were six from 1969 to 1970.

IS THE FILIBUSTER AVAILABLE FOR CHANGE?

Changes have been made.

Democrats lifted the threshold of 60 votes for most nominations for administrative jobs in 2013, except for the Supreme Court. This allowed them to move on simple majority voting.

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.

There are a number of reforms that would help to end the filibuster. One of these is an exclusion for voting rights legislation, which would limit the number filibusters to any particular bill. Another option is forcing filibusters who want to continue waging a filibuster onto the Senate floor and speak until one side surrenders.

WHO PROPOSES CHANGE

For one, Senate Minority Leader Mitch McConnell. He attempted to obtain a commitment from Chuck Schumer at the beginning this year, but he was unsuccessful.

“Nobody serving in this chamber can even begin … to imagine what a completely scorched-earth-Senate would look like,” McConnell said in March, adding that Republicans would require votes on all parliamentary moves, drastically slowing the pace of business.

According to lawmakers and aides, his decision to temporarily raise the debt ceiling earlier in the month was partly motivated by the desire to preserve the filibuster.