Sunday, Jun. 27, 2021
Did Democrats make record use of the filibuster in the last Congress?
The filibuster, which allows the Senate minority party to block legislation by refusing to end debate, has been used by both Democrats and Republicans, almost always while occupying the Senate minority.
While filibusters are used frequently, they are only recorded when a cloture vote is called by the majority party, which can end debate with 60 votes.
During the 2019-2020 Congressional term, a record-breaking 328 filibusters were recorded with Democrats in the minority.
Since 2009, 657 filibusters were recorded under Democratic minorities while 609 filibusters were recorded under Republican minorities.
Research by Slate on filibusters between 1991 and 2008 found that Democrats successfully filibustered 63 times while Republicans successfully filibustered 89 times.
President Biden recently proposed requiring a Senator to be on the floor speaking to preserve a filibuster. Filibuster rules may be changed by a simple majority vote, as they are not mentioned in the Constitution or legislation.
This fact brief is responsive to conversations such as this one.
Sources
- US Senate Filibuster
- Brookings What is the Senate filibuster, and what would it take to eliminate it?
- US Senate Senate action on cloture motions since 1917
- Google Docs Filibusters by Party (2008-2021)
- Slate Why the filibuster is OK for Democrats but not for Republicans
- Vox Biden’s plan for a 'talking filibuster,' briefly explained
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