2.5 Filibuster
A filibuster Links to an external site. in the United States Senate Links to an external site. usually refers to any dilatory or obstructive tactics used to prevent a measure from being brought to a vote. The most common form of filibuster occurs when a senator attempts to delay or entirely prevent a vote on a bill by extending the debate on the measure, but other dilatory tactics Links to an external site. exist. The rules Links to an external site. permit a senator, or a series of senators, to speak for as long as they wish and on any topic they choose, unless "three-fifths of the Senators duly chosen and sworn" (usually 60 out of 100 senators) brings debate to a close by invoking cloture Links to an external site. under Senate Rule XXII Links to an external site..
According to the Supreme Court Links to an external site. ruling in United States v. Ballin Links to an external site. (1892), changes to Senate rules could be achieved by a simple majority. Nevertheless, under current Senate rules, a rule change itself could be filibustered, with the votes of two-thirds of those senators present and voting (as opposed to the normal three-fifths of those sworn) needed to end debate.Despite this written requirement, the possibility exists that the Senate's presiding officer could on motion declare a Senate rule unconstitutional, which decision can be upheld by a simple majority vote of the Senate.
Modern Use- The Nuclear Option
In 2005, a group of Republican Links to an external site. senators led by Senate Majority Leader Links to an external site. Bill Frist Links to an external site., responding to the Democrats' threat to filibuster some judicial nominees of President Links to an external site. George W. Bush Links to an external site. to prevent a vote on the nominations, floated the idea of having Vice President Dick Cheney Links to an external site., as President of the Senate, rule from the chair that a filibuster on judicial nominees was inconsistent with the constitutional grant of power to the president to name judges with the advice and consent of the Senate (interpreting "consent of the Senate" to mean "consent of a simple majority of Senators," not "consent under the Senate rules").[33] Links to an external site. Senator Trent Lott Links to an external site., the junior Republican senator from Mississippi Links to an external site., had named the plan the "nuclear option Links to an external site.."
On November 21, 2013, the Senate used the so-called "nuclear option
Links to an external site.," voting 52-48, with all Republicans and 3 Democrats voting against, to eliminate the use of the filibuster on executive branch nominees and judicial nominees other than to the Supreme Court. At the time of the vote there were 59 executive branch nominees and 17 judicial nominees awaiting confirmation.
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The Democrats' stated motivation for this change was what they saw as expansion of filibustering by Republicans during the Obama administration, especially with respect to nominations for the United States Court of Appeals for the District of Columbia Circuit
Links to an external site., which "Republicans said they wanted to refuse Mr. Obama any more appointments to the appeals court...." Republicans had asserted that the D.C. Circuit was underworked,and also cited the need for cost reduction by reducing the number of judges in that circuit. Democrats responded that Republicans had not raised these concerns earlier when President George W. Bush had made nominations to this court, and also cited the need to maintain the size of the court because of the complexity of the agency cases this court hears.
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As of November 2013, President Obama presented 79 nominees who received a vote to end debate (called "cloture
Links to an external site." votes), compared to just 38 votes received during the preceding eight years under George W. Bush
Links to an external site.. However, most of those cloture votes successfully ended debate, and therefore most filibustered nominees cleared the filibuster hurdle; Obama won Senate confirmation for 30 out of 42 federal appeals court nominations, compared with Bush's 35 out of 52. Regarding President Obama's federal district court nominations, the Senate approved 143 of 173 as of November 2013, compared to George W. Bush's 170 of 179, Bill Clinton's 170 of 198, and George H.W. Bush's 150 of 195.Filibusters were used to block (at least temporarily) 20 Obama nominations to U.S. District Court positions, compared to 3 times in previous U.S. history; Republicans ultimately allowed confirmation of 19 out of those 20.
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