Trump escalates fight to eliminate the Senate filibuster
Image: J. Scott Applewhite
President Trump this week intensified his push for Senate Majority Leader John Thune (R-SD) to eliminate the filibuster so Republicans can pass his voting bill, known as the SAVE America Act, before the midterm elections.
Let’s back up: The filibuster dates back to the Senate's earliest days, when lawmakers could delay or block legislation by debating for as long as they could (known as “filibustering”). In 1917, the Senate adopted a rule allowing lawmakers to end filibusters with a two-thirds vote, which was later reduced to 60.
- Most filibusters today are "silent" filibusters, meaning senators aren’t required to hold marathon speeches on the Senate floor.
- Instead, lawmakers can signal they'll prolong debate, meaning most legislation needs 60 votes to invoke cloture and move to a final vote.
- Most legislation can't advance in the Senate without a filibuster-proof majority of 60 votes, though specific exceptions include budget reconciliation bills, budget resolutions, and federal nominations.
Why is the filibuster back in the spotlight?
President Trump has ramped up pressure on Senate Republicans to eliminate the filibuster in recent weeks, after the Trump-backed SAVE America Act stalled amid firm Democratic opposition in the Senate, where Republicans are seven seats shy of a filibuster-proof majority (53-47).
Despite Trump’s push, Senate Majority Leader John Thune says there still aren't enough Republican votes in support of eliminating the filibuster, despite near-unanimous GOP support for the SAVE America Act.
The arguments
Lawmakers and officials who support abolishing the filibuster say America’s governing party should have greater authority to enact its agenda. This argument was voiced by many Democrats when they recently controlled the White House and Congress, and is now being embraced by President Trump.
Other criticisms include the fact that the filibuster allows a minority of senators to block legislation supported by a majority of the chamber, and that today's "silent filibuster" allows lawmakers to stall legislation without the effort and public accountability it once required (speaking continuously on the Senate floor).
On the flip side: Supporters of the filibuster, including veteran lawmakers from both parties, say it should remain in place for a wide range of reasons:
- It provides protection for the minority party by preventing the majority from passing major legislation that doesn’t carry broad support.
- The filibuster encourages bipartisan compromise, since bills would require support from members of both parties without an overwhelming majority.
- It also helps stabilize federal policy, making it harder for Congress to reverse major laws every time political control changes in Washington.
What’s next?...The Senate is still scheduled to begin its annual month-long summer recess on August 7, despite Trump demanding lawmakers stay in Washington until they pass the SAVE America Act or eliminate the filibuster.
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Sprinkles from the Left
- Some commentators argue that both Republicans and Democrats have treated the filibuster as expendable whenever it stands in the way of their priorities, which reinforces the need to preserve a rule that encourages bipartisan compromise.
- Others contend that despite growing frustration with the filibuster, it continues to encourage bipartisan compromise and prevent narrow congressional majorities from repeatedly reshaping national policy as political power shifts.
- “Both parties have been hypocritical on the filibuster” –Tony Vanderhoef, Sun Sentinel
- “In Defense of the Detested Filibuster” –David M. Drucker, Bloomberg
- “Now I see the truth about the filibuster” –Sen John Fetterman (D-PA)
Sprinkles from the Right
- Some commentators argue that eliminating the filibuster to pass the SAVE America Act sacrifices a long-term safeguard that helps conservatives limit sweeping progressive policies, making the short-term political win not worth the lasting risk.
- Others contend that Republicans risk making the same mistake they criticized Democrats for if they treat the filibuster as expendable, and that the rule must be preserved to prevent whichever party is in power from forcing its agenda, even if it means losing out on short-term victories like passing the SAVE America Act.
- “Trump Is Wrong About Nixing the Filibuster” –WSJ Editorial Board
- “Preserving filibuster matters more than passing the SAVE Act” –Ingrid Jacques, USA Today
- “Republicans are doomed if they listen to Trump on SAVE America Act” –Melik Abdul, Washington Examiner
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