Democrats abolished the filibuster for executive nominees and lower court judges in 2013 to approve President Obama’s appointees, a move that also eased approval of President Trump’s nominees.
President Trump urges Senate Republicans to abolish filibuster to end government shutdown
Republicans strongly oppose ending the filibuster, even though President Trump has called for it to end the government shutdown.
WASHINGTON – President Donald Trump has called on the Senate to abolish the filibuster so he can pass legislation with a simple majority and end the government shutdown, but even fellow Republicans are reluctant to lay down arms to block controversial legislation.
President Trump pushed for changes that would allow a simple majority in the House and Senate, currently controlled by his own Republican Party, to approve his priorities. The end of the government shutdown has become more urgent as SNAP food benefits are scheduled to end on November 1st. That day, health insurance premiums for millions of people are skyrocketing under the Affordable Care Act, known as Obamacare.
“It’s time for Republicans to play their trump card and implement the so-called nuclear option. Abolish the filibuster and abolish it now!” Trump wrote.
But many of his fellow Republicans appear to be fighting to block the rule change.
Senate Majority Leader John Thune (R-South Dakota) told reporters he has no intention of abolishing the filibuster, even though it can be “frustrating at times.” His spokesperson confirmed on October 31 that his position remains unchanged.
“The filibuster serves an important purpose,” Thune said on the Senate floor in January, just days after President Trump was sworn in for a second term. “The filibuster serves to block frivolous or unconsidered legislation. It forces debate and compromise.”
Here’s what you need to know about why some people defend the filibuster, even in politically polarized times.
What is the Senate filibuster?
The crux of the controversy centers on Senate Rule XXII, which requires a 60-vote threshold to end debate. Previously, this threshold was more difficult to cross. Before the rules were changed in 1975, a two-thirds majority, or 67 votes, was required.
The movie version of the filibuster is similar to “Mr. Smith Goes to Washington,” where one senator keeps talking until he collapses. In recent examples, Democratic Sens. Jeff Merkley (Oregon) and Cory Booker (New Jersey) each took to the floor throughout the day to denounce the Trump administration’s policies.
But in practice, what this means is that a 60-vote majority is required to carry out nearly all Senate business. This is because even the simplest strategies, such as convening a bill or adjourning for the night, are subject to debate. One senator can force a vote that cannot be taken until two days later.
In the event of a government shutdown, Republican leaders are trying to send a House-passed bill to President Trump that would reopen the government until Nov. 21. But with only 53 Republicans and 47 Democrats, it would take a small number of Democrats to get a majority across the aisle.
One Republican, Sen. Rand Paul of Kentucky, has opposed the bill every time it has been voted on in the Senate. But three other senators, Democrats John Fetterman of Pennsylvania and Catherine Cortez Masto of Nevada, and independent Angus King of Maine, have consistently voted yes. So Republicans need five more Democrats to cross the aisle to approve the bill.
What is the “nuclear option”?
Congress’s move to abolish the filibuster has been dubbed the “nuclear option” because it is so egregious.
The process is possible by having Senate leaders call a vote and then asking lawmakers to rule on whether the filibuster is legitimate. If a majority votes to overrule a member, that sets a precedent for future votes. In this way, a simple majority can overcome a filibuster, which normally requires a 60-vote majority.
The late Sen. Harry Reid (D-Nev.) used the maneuver in 2013 to eliminate the filibuster for executive nominees and lower court judges when he led the chamber. This cleared up confusion among Republican opponents of then-President Barack Obama’s nominee.
Republicans abandoned the filibuster on Supreme Court nominees in 2017 by invoking the nuclear option to confirm Justice Neil Gorsuch. The move also opened the court’s door to two other nominees to the high court during President Trump’s first term.
Some of President Trump’s nominees benefited from this change, winning the slimmest majorities in approval votes. Secretary of Defense Pete Hegseth was confirmed in January with Vice President J.D. Vance breaking the tie.
Sen. Mitch McConnell (R-Ky.), the long-serving majority and minority leader, warned Reid in July 2013 that he would regret what he called “dangerous and far-reaching” changes.
“If the Republicans are making the nomination, they’re not even interested in what this means going forward,” McConnell said of Democrats on the Senate floor. “They wanted power, and they still want it. They don’t care about the consequences.”
Even Trump’s fellow Republicans oppose ending the filibuster.
Republicans oppose abolishing the filibuster, including Sens. McConnell and John Barrasso of Wyoming, Susan Collins of Maine, John Cornyn of Texas, John Curtis of Utah, James Lankford of Oklahoma, Lisa Murkowski of Alaska, Rand Paul of Kentucky, and Thom Tillis of North Carolina.
The nuclear option would fail if four Republicans joined Democrats in voting against ending the filibuster. Thun and Barrasso don’t even need to call for votes.
Longtime senators typically become the filibuster’s biggest defenders after serving in the minority.
“Power is ephemeral, and at some point there’s always going to be a reversal,” Cornyn said when Sen. Chuck Schumer (D-N.Y.), the majority leader under the Biden administration, was considering ending the filibuster.
Even Curtis, a relative newcomer, opposes abolishing the filibuster.
“The filibuster forces us to find common ground in the Senate,” Curtis said on social media on Oct. 31. “Power may shift, but principles should not. I am adamantly opposed to abolishing the filibuster.”
House Speaker Mike Johnson (R-Louisiana), whose chamber controls a simple majority, said both sides cherish the filibuster.
On Oct. 9, he told C-Span viewers that eliminating the filibuster “opens up Pandora’s box,” adding that if Democrats were to take control again, they could “raise taxes through the roof and take over everything.”
