What happens during a filibuster?

During a filibuster, a senator or group of senators uses extended debate or other dilatory tactics to delay or prevent a vote on a bill, nomination, or other Senate matter. The filibuster is rooted in the Senate's tradition of unlimited debate and is one of the most distinctive features of the U.S. Senate. In a traditional filibuster, a senator holds the floor by speaking continuously, refusing to yield.

Famous historical filibusters have included Strom Thurmond's 24-hour filibuster against the Civil Rights Act of 1957, the longest individual filibuster in Senate history. Senator Robert La Follette, Jr. and others held lengthy filibusters in the early 20th century. Frank Capra's 1939 movie Mr. Smith Goes to Washington portrayed an idealistic filibuster by a fictional senator.

Modern filibusters generally do not involve continuous speaking. Instead, the threat of a filibuster causes the Senate Majority Leader to require 60 votes for cloture before bringing many measures to a final vote. If the Majority Leader cannot find 60 votes, the bill is generally not brought up at all. This procedural reality means that the filibuster effectively imposes a 60-vote supermajority requirement on most major legislation, even though no actual extended debate occurs.

The filibuster has changed significantly in recent years. The Senate eliminated the filibuster for executive branch nominations and most judicial nominations in 2013, when the majority Democrats used what is called the nuclear option. In 2017, the Republican Senate majority eliminated the filibuster for Supreme Court nominees through a parallel rules change. The legislative filibuster remains, though it has been the subject of ongoing debate.

The 60-vote threshold gives the minority party significant power. When the minority can hold 41 senators together, it can prevent legislation from advancing even if the majority and the President strongly support it. This dynamic has frustrated leaders of both parties and has led to proposals to abolish the legislative filibuster entirely.

Defenders of the filibuster argue that it forces bipartisan negotiation, protects minority rights, and prevents whipsawing of national policy as control of the Senate shifts. Critics argue that it allows a minority of senators to block legislation supported by majorities of voters and elected representatives, contributing to gridlock and failure to address major problems.

Budget reconciliation provides a way around the filibuster for certain budget-related legislation, allowing simple-majority passage. This procedure has been used to pass major laws including the Affordable Care Act of 2010 and the Inflation Reduction Act of 2022.