Momentum is building to eliminate the U.S. Senate’s filibuster rule. The tactic, which dates back to the beginnings of the Senate, requires 60 votes to end debate on a bill and advance to a final vote, essentially meaning that most bills require more than a simple majority vote to pass. Increasingly, however, the filibuster has become a tool used by the minority party to stall or block the legislative agenda of the majority party. For example, Senate Republicans used the filibuster several times in 2021 to block voting rights legislation. That’s prompted increasingly serious discussion among leading Democrats — including…

Republicans in Congress are following through on their pledge to make approval of the Keystone XL pipeline an early item on their agenda as they take control of both the House and Senate. On January 9, the House easily approved a bill (H.R. 3) authorizing the pipeline’s construction; however, the vote, which was 266 to 157, fell short of the two-thirds majority necessary to override a presidential veto. On the same day, the Nebraska Supreme Court, after months of deliberation, reached a decision that allowed a route for the pipeline to cross the State. The case focused on whether the…

In its first votes of the 113th Congress, the Senate adopted several rule changes designed to make it easier to bring bills and nominations to the floor for a vote. The changes, which were broken into two separate resolutions, were based on a bipartisan agreement reached between Senate Majority Leader Harry Reid (NV-D) and Senate Minority Leader Mitch McConnell (KY-R) in response to a growing chorus of calls for filibuster reform. It is hoped that the new rules, though modest, will help to some extent to break the legislative logjam that characterized the last Congress and to action on the…

Perhaps wary that they might soon find themselves back in the minority, most Democratic senators opted against major reforms in the filibuster rules, settling instead for modest changes in the way the chamber conducts its business. Senate leaders also fashioned a “gentlemen’s agreement” designed to avoid some of the procedural battles that have caused legislative gridlock in recent years.

Democratic and Republican Senate leaders are currently engaged in negotiations regarding proposed changes in Senate rules that would decrease the threat of filibusters and promote bipartisan cooperation. In the wake of the Tucson shootings and the President’s call for more civil discourse, will these negotiations result in changes that are acceptable to both sides and might help alleviate legislative gridlock? The upcoming issue of Congressional Digest will discuss the history and use of the filibuster, and whether or not it should be reformed.