Filibuster Primer Posted July 18, 2013 Updated November 25, 2014 National Journal Presentation Credits Producer: Dana Walters Director: Jessica Guzik

Filibusters Block Senate Action with Lengthy Debates Longest Filibusters in Senate History Strom Thurmand (R-S.C.) Year: 1957 Opposing: Civil Rights Act of 1957 24 hours, 18 minutes Analysis Filibuster is an informal term for any attempt to block or delay Senate action on a bill or other matter by debating it at length, by offering numerous procedural motions, or by any other delaying or obstructive actions In 1842 the House placed a time limit on all debate, making the filibuster primarily a Senate tool Alfonse D’Amato (R-N.Y.) Year: 1986 Opposing: Military appropriations reduction 23 hours, 30 minutes Wayne Morse (I-Ore.) Year: 1953 Opposing: Tidelands Oil bill 22 hours, 26 minutes Ted Cruz (D-Tx.) Year: 2013 Opposing: Affordable Care Act 21 hours, 19 minutes Robert La Follette (D-Wis.) Year: 1908 Opposing: Currency bill 18 hours, 23 minutes William Proxmire (D-Wis.) Year: 1981 Opposing: Raising the debt ceiling 16 hours, 12 minutes Source: Al Kamen, “Filibusters ain’t what they used to be,” Washington Post, In the Loop Blog, March 6, 2013.

Filibusters Criticized for Exploiting Senate’s Small-State Bias Distribution of Senate Votes by State Constituent Population State Constituents per State Senate Votes Six votes for roughly one-fourth of U.S. constituents Sixty-two votes for roughly one-fourth of the U.S. constituents Key 600,000 Constituents Senate Votes Analysis While the Constitutional Congress’s “Great Compromise” was founded upon establishing two chambers—one with proportional representation (House) and one with equal representation (Senate)—critics argue that the exponential population growth in large states now gives small states an unfair advantage in the Senate With two senators per state, the Senate voting power of a Wyoming citizen is more than six times that of one in California Source: U.S. Census Bureau, 2013; New York Times, “The Small State Advantage in the United States Senate,” March 10, 2013; Adam Liptak, “Smaller states find outsize clout growing in Senate,” New York Times, March 2013; Ezra Klein, “This is not your founding fathers’ Senate,” Washington Post Wonk Blog, April 18, 2013.

Senate Invokes Cloture to Halt Filibusters Steps to Invoke Cloture No: Cloture fails Senator files a motion for cloture Judicial or Executive Branch Nominee? Voted for by at least 51 senators? Yes: Cloture invoked and filibuster is blocked Yes: Motion for cloture is taken to vote Signed by 16 senators? Piece of legislation or U.S. Supreme Court Nominee? Voted for by at least 60 senators? No: Motion for cloture fails and is not taken to vote No: Cloture fails Analysis Cloture, established by U.S. Senate Standing Rule XXII, is the Senate’s only procedure to place a time limit (30 hours) on debate over a bill, by which it may stop a filibuster In 1975, the Senate reduced the number of votes necessary to invoke cloture from two-thirds to three-fifths In November 2013, the Senate changed cloture rules as they apply to votes to confirm most judicial and executive branch nominees Source: Source: U.S. Senate Reference, 2013; Richard S. Beth and Valerie Heitshusen, “Filibusters and Cloture in the Senate,” Congressional Research Service, Nov. 29, 2012.

Spike in Motions for Cloture Bring About Talks of Reform Motions for Cloture Filed, Taken to Vote, and Invoked 94th Congress: Number of senators required to invoke cloture dropped from two-thirds to three-fifths Congress Analysis The Senate’s use of cloture has risen dramatically in the last two decades, peaking in 2007-08 during the 110th Congress when the Senate filed 139 motions for cloture It is becoming common practice for the Senate to assume the threat of filibuster and to motion for cloture so that the bill may simply be considered; likewise, if the Senate doesn’t invoke cloture, it is a given that the Senate won’t approve the related bill Source: Ezra Klein, “The history of the filibuster, in one graph,” Wonk Blog, Washington Post, May 15, 2012; U.S. Senate Reference, April 30, 2013; U.S. Senate Glossary, 2013.