Last week, the federal government “shut down” because the Senate could not get the required 60 votes to invoke cloture and pass a continuing resolution to keep the government funded. The CR had passed the House, was supported by a majority of the Senate, and would have been signed into law by President Trump. It was defeated, however, by a minority of senators (mostly Democrats) who refused to fund the government unless the Republicans would make concessions on some other matters.
This raises an oft-debated question: Should the Senate further limit the use of the filibuster, which per Senate rules requires a supermajority of 60 votes to proceed to a vote on most legislative items? The Senate has already disallowed filibusters in the case of presidential nominations to executive or judicial office. However, some have suggested going even further and eliminating the filibuster altogether.
These calls to remove the filibuster have typically come from Democrats. They have made this argument when they’ve controlled the Senate and have been frustrated by Republicans using the filibuster to impede their agenda. They’ve noted how some Southern senators sought to thwart the enactment of federal civil rights legislation through the use of the filibuster. More generally, they have emphasized the non-democratic character of the filibuster, which empowers a minority in the Senate to defeat legislation supported by the chamber’s majority.



