What Is a Filibuster? How the Senate 60-Vote Rule Works

What is a filibuster? In the US Senate it is any tactic that prolongs debate to delay or block a vote on a bill or nomination. Senators can end debate through a process called cloture, which for most legislation needs three-fifths of the Senate, normally 60 of 100 votes. That is why many bills need 60 votes, not 51.

This explainer summarises Senate procedure from the sources below. It does not take a side on whether the filibuster should be kept or changed.

How does cloture end a filibuster?

At least 16 senators sign a cloture motion. The Senate votes on it two days of session later. If enough senators agree, debate is limited, generally to no more than 30 more hours, and then the measure gets a final vote that usually needs only a simple majority.

Where did the 60-vote rule come from?

Before 1917 the Senate had no way to force an end to debate. That year it adopted the cloture rule, now Rule XXII, which required two-thirds of senators voting. In 1975 the Senate lowered the threshold to three-fifths of senators duly chosen and sworn, which is 60 when there are no vacancies.

Do all votes need 60?

No. In 2013 the Senate set a precedent allowing a simple majority to invoke cloture on most presidential nominations, and in 2017 it extended that to Supreme Court nominations. Budget reconciliation bills have limited debate under the Congressional Budget Act, so they can pass with a simple majority. Changes to the filibuster are debated regularly in Congress, and readers should check senate.gov for the current rules.

What is a talking filibuster?

It is the older, classic form, in which senators hold the floor by speaking for hours. Senate records list Strom Thurmond's 24-hour-18-minute filibuster in 1957 as the longest. Today most filibusters are simply the threat of opposing cloture, with no long speech needed.

FAQ

Does the House have a filibuster? No. House rules strictly limit debate, so the filibuster is a Senate practice.

What is the nuclear option? A nickname for changing how a Senate rule applies by majority-vote precedent instead of formally amending it, as happened for nominations in 2013 and 2017.

Is the filibuster in the Constitution? No. It comes from Senate rules and practice, not the constitutional text.

Related

• What is habeas corpus?
• What is the Insurrection Act?
• What is the Posse Comitatus Act?

Sources

• 01senate.gov/about/powers-procedures/filibusters-cloture.htm
• 02senate.gov/about/powers-procedures/filibusters-cloture/senate-adopts-cloture-rule.htm
• 03congress.gov/crs-product/R43331
• 04everycrsreport.com/reports/R44819.html