WASHINGTON (AP) \u2014 Seemingly frustrated by the government shutdown and Democrats\u2019 unwillingness to accept a Republican funding bill, President Donald Trump is once again demanding that the Senate eliminate the legislative filibuster.<\/p>\n
The filibuster is a longstanding parliamentary tool that halts action on most bills unless 60 senators in the 100-member chamber vote to move forward. Over the years, it has stymied policy priorities for Democrats and Republicans alike, and Trump has been complaining about the maneuver since his first White House term. <\/p>\n
Getting rid of it would be a way for Republicans to immediately end the now month-long shutdown, he said. \u201cIt is now time for the Republicans to play their \u2018TRUMP CARD,\u2019 and go for what is called the Nuclear Option \u2014 Get rid of the Filibuster, and get rid of it, NOW!\u201d the president wrote on his social media site Thursday night. <\/p>\n
But majority Republicans have strongly resisted calls to eliminate the legislative filibuster, since it would dilute their power if and when they are in the minority again. In its best form, the filibuster encourages compromise and dealmaking. <\/p>\n
Here are some common questions about the filibuster, and why it\u2019s coming up now in the shutdown debate. <\/p>\n
What is a filibuster?<\/p>\n
Unlike the House, the Senate places few constraints on lawmakers\u2019 right to speak. But senators can use the chamber\u2019s rules to hinder or block votes. That\u2019s what\u2019s effectively a filibuster \u2014 a term that, according to Senate records, began appearing in the mid-19th century. <\/p>\n
The filibuster isn\u2019t in the Constitution and it wasn\u2019t part of the Founding Fathers\u2019 vision for the Senate. It was created inadvertently after Vice President Aaron Burr complained in 1805 that the chamber\u2019s rule book was redundant and overly complicated, according to historians.<\/p>\n
But how the filibuster is used today doesn\u2019t resemble the public\u2019s longstanding perception of the tactic, which was made famous by the 1939 film, \u201cMr. Smith Goes to Washington,\u201d in which James Stewart played a senator who spoke on the floor until exhaustion. <\/p>\n
Now, senators inform their leaders \u2014 and often confirm publicly \u2014 that they will filibuster a bill. No lengthy speeches required. Nonetheless, the Senate still needs to muster 60 votes to move past that obstacle. If they get that, then senators can move to final passage, which only requires a simple majority.<\/p>\n
Wait \u2014 isn\u2019t the filibuster already gone?<\/p>\n
Yes, but only for nominations. In 2013, then-Senate Majority Leader Harry Reid, D-Nev., led Senate Democrats in eliminating the filibuster for all nominations except for candidates to the Supreme Court, triggering what\u2019s known in the Senate as the \u201cnuclear option.\u201d Democrats were fed up with repeated Republican filibusters of President Barack Obama\u2019s nominees, especially to the influential U.S. Court of Appeals for the District of Columbia Circuit. <\/p>\n
Kentucky Sen. Mitch McConnell, then the minority leader, furiously warned Democrats that they\u2019d come to regret going nuclear. And he returned the favor in 2017, when Republicans moved to eliminate the filibuster on Supreme Court nominees as they confirmed Neil Gorsuch to the high court. <\/p>\n
Trump mentioned in his Truth Social post that eliminating the filibuster would help Republicans get the \u201cbest Judges\u201d and the \u201cbest U.S. Attorneys,\u201d but it\u2019s unclear what he meant since he needs only a simple majority to install those picks. <\/p>\n
Democrats came close to dumping the legislative filibuster for voting rights legislation in 2022, but faced resistance from then-Sens. Kyrsten Sinema of Arizona and Joe Manchin of West Virginia. They said changes to the filibuster would haunt Democrats if Republicans regain control of Congress and the White House \u2014 which the GOP did, not long after. <\/p>\n
Earlier this year, Republicans changed the Senate\u2019s rules further to make it easier to confirm large groups of the least controversial executive branch nominees. But they have resisted calls from Trump to eliminate so-called \u201cblue slips\u201d that allow both senators to sign off on some lower court judges regardless of party.<\/p>\n
What does this have to do with the shutdown?<\/p>\n
As with any government funding bill \u2014 and most other legislation \u2014 Republicans need help from at least a handful of Democrats to clear the 60-vote threshold in the Senate since they control just 53 votes. <\/p>\n
In exchange for their votes on a stopgap funding bill, most Democrats have been demanding an extension of subsidies for people who purchase health coverage under the Affordable Care Act. Republicans say that\u2019s a costly nonstarter, especially on a bill that keeps the federal government operating for a mere seven weeks. <\/p>\n
Democrats argue that because the Senate needs 60 votes to advance funding bills, that gives them leverage. As the shutdown drags on, frustrated Republicans have been floating the idea of getting rid of the filibuster in order to erase that leverage. <\/p>\n
\u201cMaybe it\u2019s time to think about the filibuster,\u201d said Sen. Bernie Moreno, R-Ohio, on Fox News earlier this month. \u201cLet\u2019s just vote with Republicans. We\u2019ve got 52 Republicans. Let\u2019s go, and let\u2019s open the government. It may get to that.\u201d (There are 53 GOP senators, but one \u2014 Kentucky Sen. Rand Paul \u2014 is a committed \u2018no\u2019 on funding bills.)<\/p>\n
Where do Republicans stand on dumping the filibuster?<\/p>\n
Unlike many other demands from Trump, GOP senators have generally resisted his calls to get rid of the filibuster. <\/p>\n