I often post a comment about this issue in stories about the Senate and what everyone else in the world wants to call “the filibuster” and I know is actually called
Senate Rule #22 The Cloture Rule
The cloture rule–Rule 22–is the only formal procedure that Senate rules provide for breaking a filibuster. A filibuster is an attempt to block or delay Senate action on a bill or other matter. Under cloture, the Senate may limit consideration of a pending matter to 30 additional hours of debate.
When this rule was first created back in 1917, the U.S. Senate had only one path for legislative work — the Floor of the Senate — and it also did not regularly use a “Unanimous Consent” break during regular business, to allow for passing what amounts to motions for “daily business” or administrative motions.
Back then if someone was using the filibuster they didn’t have to file a motion and give notice 3 days in advance, they were recognized and took the Floor and just kept speaking. It was an agonizing event then. But they just kept using and using it during the Administration of Woodrow Wilson, until he lost his ability to leave them to it and urged the Senate to DO SOMETHING so they could do the work of the people.
Rule #22 was written and intended to give a super-majority of the Senate members present on the Floor the ability to tell one of their colleagues to Shut Up and give up the Floor. So that a vote on other business could take place.
Now before you dive into the terror-ridden nightmares of a new GOP majority Senate pushing thru unqualified judges to lifetime appointments on the Federal Benches? Relax, that already happened and the world hasn’t ended yet. Truthfully, look at the past 40 years of Senate action and you will see the GOP members have increased their use of the Cloture Rule to rule even from the Minority as obstructionists, and worse, when they’re in the Majority it’s the club they beat the Democrats about the head and shoulders with, endlessly, as they run rough-shod over them with things like Federal Bench judges who they seat for a lifetime appointment, even IF their own State Bar deems them “unqualified” for the job. (if you think I might be obsessed with this issue, you might be right)
So it’s time, hell it’s WAY past time for the U.S. Senate to rid itself of this anachronistic rule which in effect creates the same obstruction in the U.S. Senate which it was created to end. There can be no question about that anymore.
What I want to know is, when that occurs, what are you all going to call the Filibuster (the endless speaking of strong willed Senators on the Floor of the Senate) after they get rid of the Cloture Rule?
You won’t be able to call “filibuster”, because you will have reported that the Senate KILLED THAT RULE, the “filibuster” rule.
Thoughts?