Jonathan Bernstein: “The way that filibusters work in the Senate now is mostly invisible. The minority (typically the minority party, although it could be any group of senators who want to block a bill or an amendment) informs the majority that it will object to allowing a vote. The majority then either backs off and pulls the item off the Senator floor, or — if it has the votes — files for cloture to end debate and bring the matter to a vote and, if there are 60 votes, defeat the filibuster and eventually pass the item. No one gives extended speeches. A successful filibuster is usually invisible, with the majority never bringing the bill up for debate.”
“This makes people carried away by Jimmy Stewart sad. Or perhaps they mistakenly believe that the majority is letting the minority get away with something. But the truth is that the modern silent filibuster was invented by ruling Democrats a half-century ago to help the majority, not the minority. Filibustering by notification allows the majority party to get other things done, instead of wasting scarce Senate time on something that doesn’t have the votes for cloture.”
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