WASHINGTON (AP) – It’s not that different from the movies. President Joe Biden said the Senate should function as it did in the “old days”, with senators forced to stand up and speak all day and night if they plan to oppose their legislative agenda with an obstruction.
Changing the rules of obstruction is an idea supported by some Senate Democrats eager to advance Biden’s 50-50 Senate agenda. But Republicans are warning Democrats of any change.
See how obstruction works in the Senate.
WHAT IS A FILIBUSTER?
Obstruction is among the Senate’s “most distinct procedural features”, according to the Congressional Research Service.
The Senate has a long-standing practice of allowing any senator to oppose procedures, which is often called an obstruction that can interrupt actions or votes.
Senators were famous for hours at their tables defending their position, as did the character played by Jimmy Stewart in “Mr. Smith goes to Washington ”or as Senator Strom Thurmond of South Carolina did to prevent the Civil Rights Act of 1957.
Today, senators can only signal their intention to object, even in private, and that is enough for Senate leaders to act. Leaders sometimes simply drop the issue. On other occasions, they move forward, taking complicated steps to break the obstruction and move on.
HOW TO END A FILIBUSTER?
Over time, the senators grew tired of the endless obstructions and established rules to end the debate.
In the early 20th century, a two-thirds vote was needed to end an obstruction. In 1975, the Senate agreed to lower it to 60 votes.
Once the debate is over, senators can proceed with the consideration of the measure in question, amendments or even in the final vote.
WHAT IS THE PROBLEM?
As the country and Congress became more partisan, obstruction became a key weapon in what is often described as a procedural arms race in the Senate.
Year after year, more and more senators threaten to hire obstructionists to block the legislation. Overcoming obstructions can take days, if not weeks.
Even without a senator in power, obstructors forced senators to vote all night and on weekends to move the legislation forward, as it did during the approval of the Affordable Care Act.
“Obstruction and the prospect of obstruction greatly influence the way the Senate does its work,” said the CRS report.
CAN THE SENATE CHANGE THE FILIBUSTATOR?
51 votes are needed to change the Senate rules, a difficult task most of the time, but especially in the now equally divided 50-50 Senate. Democrats hold a small majority because Vice President Kamala Harris could be a tiebreaker vote.
But senators have changed obstruction rules before.
Fed up with Republicans blocking Barack Obama’s executive and judiciary nominees, the Democrats led by the then senator. Harry Reid, from Nevada, changed the rules to set a simple limit of 51 votes to confirm people in those positions. ′
Republicans under Senator Mitch McConnell of Kentucky took it one step further by removing the obstruction for Supreme Court nominees, which allowed Donald Trump’s three Supreme Court justices to be confirmed.
While several Democrats and advocacy groups are clamoring to free the Senate from obstruction of legislation, there does not appear to be enough support from Democratic senators at this time to do so.
BACK TO FILIBUSTER ‘TALKING’?
Biden advocates a return to the “old days”, as he said, from talking obstruction, forcing senators to sit at their desks and articulate their opposition to procedures, as was the practice when he entered the Senate decades ago.
“You have to work for the obstruction,” he said in an interview with ABC News that aired on Wednesday.
The idea has the support of Democrats, who see it as a possible alternative to end the practice of obstruction entirely. But it still presents risks, and Democratic leaders are reluctant to follow that option.
Several Republican senators, especially those considering running for president in 2024, may see political advantage in taking the floor to ceaselessly criticize the White House’s priorities. Obstructors can also prevent action on other Democratic priorities, including Biden’s nominees.
McConnell warned of a “scorched earth” reaction if Democrats remove the obstruction.
At the same time, many Democrats are ready to take the chance to end the obstruction, realizing that their small majority is fragile, and Republicans can end it anyway to advance their priorities the next time they control the Senate and the House. White.