Analysis
Why Senators Prefer Cloture
Senators accept the closed cloture process because it makes their work predictable, convenient, and insulated from responsibility - even as it prevents them from debating legislation, offering amendments, and advancing their priorities. The Senate’s dysfunction therefore results not simply from its rules, but from rank-and-file senators choosing to surrender their power to party leaders.
The Senate Has More Than One Way to Work
The Senate has no single way of considering legislation. The Republican debate over the SAVE America Act reflects a larger choice among collegial, majoritarian, and structured-consent approaches to debate, amendments, and decision-making.
The Senate’s Cloture Cop-Out
Republican leaders say the Senate cannot debate the SAVE America Act because they lack the votes to invoke cloture, but cloture is not the only way to overcome obstruction. The Senate’s history shows that when senators believe Rule XXII prevents them from acting, they can either force opponents to hold the floor or try to change the rule.
Why GOP Leaders Oppose Talking Filibuster
The Senate’s growing reliance on cloture does not prove that major legislation cannot pass without 60 votes. It shows instead leaders’ reliance on cloture to manage debate, block unwanted amendments, and avoid difficult votes.
Data Shows Senate Hasn’t Always Relied on Cloture to Pass Legislation
Has the Senate always relied on cloture to overcome obstruction and pass legislation? The historical record says no.
How to Move the Senate from Debate to Decision
The Senate does not need to choose between preserving debate and reaching decisions, and restoring a modified previous question motion would help the chamber do both.
What the Byrd Rule Actually Does — and How to Navigate It
Senators who understand how to draft policy changes as terms and conditions on federal spending or revenue and frame them that way can overcome the Byrd Rule’s most subjective tests.
How Republicans Can Break Democrats' SAVE America Act Filibuster
A step-by-step guide to how a determined majority can overcome minority obstruction without abolishing the filibuster.
House Makes Ending Talking Filibuster Easier
This post highlights how the House can make it easier for the Senate to pass legislation.
Senate Rules Can Limit Talking Filibuster
This piece reviews the procedural tools that can shorten, structure, or otherwise discipline extended debate in the Senate.
Republicans Don’t Need Cloture to Overcome SAVE America Act Filibuster
Senate rules provide alternative ways to outlast or outmaneuver a filibuster.
Republicans Can End Shutdown Without Nuking Filibuster
This piece lays out how existing procedures can be used to move the process forward without nuking the rules.
The Senate’s Shutdown
The article explores how Senate rules shape the timing, leverage, and possible resolution of fiscal brinkmanship.
