There's precedent for Democrats' plan to circumvent the filibuster
Democrats' attempts to circumvent the filibuster to pass a major voting rights bill are "a rule-breaking power grab" that would not be "harmless" or "cost-free," Senate Minority Leader Mitch McConnell (R-Ky.) said Tuesday.
But what exactly are Democrats proposing?
Senate rules stipulate that 60 votes are needed to end debate on a bill — a procedure known as "cloture." As long as debate remains open, senators can filibuster, delaying or even preventing the passage of the legislation in question.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
But, the Senate also has the power to change its own rules at any time with a simple majority vote.
In this case, changing the rules could mean a one-time exception limited to this particular bill — as Sen. Tim Kaine (D-Va.) has suggested — or a rule change allowing cloture by a simple, 51-vote majority for all future voting rights bills. Lowering the cloture threshold in this manner is known as the "nuclear option."
It's unlikely to happen. Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) both oppose the rule change, leaving Democrats with only 48 votes.
If it were to happen, though, it would be the third use of the "nuclear option" in Senate history.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
The first was in 2013, when then-Majority Leader Harry Reid (D-Nev.) allowed cloture by simple majority "for all nominations other than for the Supreme Court." This change enabled Reid to overcome Republican filibusters that were holding up several of then-President Barack Obama's nominees, NY1 reported.
At the time, McConnell threatened, "You'll regret this, and you may regret this a lot sooner than you think."
McConnell made good on his word in 2017 when he expanded Reid's carveout to include Supreme Court nominees. This ended what McConnell called the "first, and last, partisan filibuster of a Supreme Court justice," according to NPR. Democrats filibustered the nomination of Neil Gorsuch after McConnell refused to hold confirmation hearings for Obama nominee Merrick Garland.
Grayson Quay was the weekend editor at TheWeek.com. His writing has also been published in National Review, the Pittsburgh Post-Gazette, Modern Age, The American Conservative, The Spectator World, and other outlets. Grayson earned his M.A. from Georgetown University in 2019.
-
Quiz of The Week: 1 – 7 NovemberQuiz Have you been paying attention to The Week’s news?
-
How to invest in the artificial intelligence boomThe Explainer Artificial intelligence is the biggest trend in technology, but there are fears that companies are overvalued
-
The Week Unwrapped: Are British rappers the world’s best?Podcast Plus can the Maldives quit smoking? And can whales lead us to immortality?
-
Has Zohran Mamdani shown the Democrats how to win again?Today’s Big Question New York City mayoral election touted as victory for left-wing populists but moderate centrist wins elsewhere present more complex path for Democratic Party
-
Senate votes to kill Trump’s Brazil tariffSpeed Read Five Senate Republicans joined the Democrats in rebuking Trump’s import tax
-
Border Patrol gets scrutiny in court, gains power in ICESpeed Read Half of the new ICE directors are reportedly from DHS’s more aggressive Customs and Border Protection branch
-
Shutdown stalemate nears key pain pointsSpeed Read A federal employee union called for the Democrats to to stand down four weeks into the government standoff
-
Trump vows new tariffs on Canada over Reagan adspeed read The ad that offended the president has Ronald Reagan explaining why import taxes hurt the economy
-
NY attorney general asks public for ICE raid footageSpeed Read Rep. Dan Goldman claims ICE wrongly detained four US citizens in the Canal Street raid and held them for a whole day without charges
-
Trump’s huge ballroom to replace razed East WingSpeed Read The White House’s east wing is being torn down amid ballroom construction
-
Trump expands boat strikes to Pacific, killing 5 moreSpeed Read The US military destroyed two more alleged drug smuggling boats in international waters
