Weekly Opinion Editorial
CLOTURE
by Steve
Fair
A cloture vote is a procedural
vote in the U.S. Senate used to end a filibuster and limit debate. It allows a bill, nomination, or other
measure to proceed to a final vote. Invoking cloture generally requires a
three-fifths supermajority (60 votes) in the Senate, though exceptions exist
for some nominations and legislation. The vote to invoke cloture occurs
two calendar days after the motion is filed and, if successful, typically sets
a 30-hour limit for further debate before the final vote. Three
observations:
First, the cloture vote process is not in the Constitution. The U.S. Senate adopted its first cloture
rule in 1917 (Rule 22). That rule required
a two-thirds vote to end debate in the Senate.
The rule change came about largely due to a filibuster led by a small
group of anti-war senators, notably Senators Robert La Follette and George W. Norris,
both liberal Republicans, who opposed arming merchant marine ships at the start
of WWI. Rule 22 was further modified in 1975,
lowering the threshold for most legislation to three-fifths (60 votes). Cloture is not the law of the land- it's a rule
in the Senate.
President Trump has called for the permanent elimination of the cloture. If that is done, the stalled budget bill
would likely pass. Republicans hold a 53-47
majority in the Senate, and could pass the bill without any Democrat support. But many Republican senators oppose the
canning of the cloture, including both Oklahoma senators. Senate majority leader John Thune, (R-SD) has
said he would oppose as well, calling the action short sighted.
Second, historically, the cloture was used sparingly. Sadly, consensus and bi-partisan legislation doesn't
exist in the modern Congress and cloture is now used most often to block legislation.
Several times in recent years, the U.S.
Senate has reduced the number of votes needed to a simple majority to approve
nominations or to pass legislation. It
has happened under Republican and Democratic control. That may occur again if the government
shutdown drags on much longer.
Third, eliminating the cloture could have consequences. Republicans have
the majority in the Senate and are currently in the majority (53-47). That could change as soon as Jan. 2026. Sen. Markwayne Mullin, (R-OK) recognizes the GOP
may not always control the upper chamber.
"If we want to do something very, extremely limited" to
"avoid shutdowns in the future, I may consider that," he said."
But to nuke, to go nuclear into the filibuster — we all know that the Senate
goes back and forth, and it's in our favor when we have the minority," Mullin
said.
Many Congressional Democrats ran in 2024 on nixing the filibuster, but the
Ds have used Rule 22 to stop the funding bill and shut down the
government. "We ran on killing
the filibuster and now we love it." Sen. John Fetterman, D-Pa. said. Has
Rule 22's time past? Is the cloture rule
outdated and hurting the country?
Rule 22 can be eliminated by either changing Senate rules with a
two-thirds vote or using the 'nuclear option.'
The 'nuclear option' involves a senator raising a point of order against
the 60-vote requirement, the presiding officer ruling it out of order, and then
a simple majority vote to uphold the ruling, thereby changing the threshold to
51 votes.
It is not likely the Senate will vote to permanently eliminate Rule 22, but perhaps its time to put closure to the Democrat cloture.
