Understanding the Filibuster and its Role in the Government Shutdown

The government shutdown has been ongoing for over a month, and President Donald Trump is growing increasingly frustrated with the Democrats’ unwillingness to accept a Republican funding bill. In an attempt to break the deadlock, Trump has once again called for the Senate to eliminate the legislative filibuster. But what exactly is a filibuster, and why is it such a crucial aspect of the Senate’s functioning?

The filibuster is a parliamentary tool that allows senators to halt action on most bills unless 60 senators in the 100-member chamber vote to move forward. This means that even if a majority of senators support a bill, it can still be blocked by a minority of 41 senators. The filibuster has been a part of the Senate’s rules for over a century and has been used by both Democrats and Republicans to stall or block legislation.

Trump has been complaining about the filibuster since his first term in office, and he believes that getting rid of it would allow Republicans to immediately end the shutdown. “It is now time for the Republicans to play their ‘TRUMP CARD,’ and go for what is called the Nuclear Option — Get rid of the Filibuster, and get rid of it, NOW!” he wrote on his social media site. However, majority Republicans have strongly resisted calls to eliminate the legislative filibuster, as it would dilute their power if and when they are in the minority again.

What is a Filibuster?

Unlike the House, the Senate places few constraints on lawmakers’ right to speak. But senators can use the chamber’s rules to hinder or block votes. That’s what’s effectively a filibuster — a term that, according to Senate records, began appearing in the mid-19th century. The filibuster isn’t in the Constitution and wasn’t part of the Founding Fathers’ vision for the Senate. It was created inadvertently after Vice President Aaron Burr complained in 1805 that the chamber’s rule book was redundant and overly complicated, according to historians.

The public’s perception of the filibuster is often shaped by the 1939 film “Mr. Smith Goes to Washington,” in which James Stewart played a senator who spoke on the floor until exhaustion. However, the reality of the filibuster is far less dramatic. Today, senators simply inform their leaders — and often confirm publicly — that they will filibuster a bill, without needing to deliver lengthy speeches. Nonetheless, the Senate still needs to muster 60 votes to move past that obstacle, and if they get that, then senators can move to final passage, which only requires a simple majority.

Wait — Isn’t the Filibuster Already Gone?

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’s known in the Senate as the “nuclear option.” Democrats were fed up with repeated Republican filibusters of President Barack Obama’s nominees, especially to the influential U.S. Court of Appeals for the District of Columbia Circuit.

Kentucky Sen. Mitch McConnell, then the minority leader, furiously warned Democrats that they’d 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. Trump mentioned in his Truth Social post that eliminating the filibuster would help Republicans get the “best Judges” and the “best U.S. Attorneys,” but it’s unclear what he meant since he needs only a simple majority to install those picks.

What Does This Have to Do with the Shutdown?

As with any government funding bill — and most other legislation — 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. 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’s a costly nonstarter, especially on a bill that keeps the federal government operating for a mere seven weeks.

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. “Maybe it’s time to think about the filibuster,” said Sen. Bernie Moreno, R-Ohio, on Fox News earlier this month. “Let’s just vote with Republicans. We’ve got 52 Republicans. Let’s go, and let’s open the government. It may get to that.” (There are 53 GOP senators, but one — Kentucky Sen. Rand Paul — is a committed ‘no’ on funding bills.)

Where Do Republicans Stand on Dumping the Filibuster?

Unlike many other demands from Trump, GOP senators have generally resisted his calls to get rid of the filibuster. Senate Majority Leader John Thune has long defended the filibuster, and began his tenure as the Senate’s top official in January pledging to preserve it. He reiterated those sentiments in early October, saying the filibuster is “something that makes the Senate the Senate” and that the “60-vote threshold has protected this country.” His spokesman emphasized on Friday after Trump’s comments that Thune’s position hasn’t changed.

Veteran senators who have seen the chamber swing back and forth from Democratic to Republican control are generally the ones who are the most firm on keeping the filibuster. But even some newer members agree. “The filibuster forces us to find common ground in the Senate,” Sen. John Curtis, R-Utah, elected in 2024, said on social media on Friday. “Power changes hands, but principles shouldn’t. I’m a firm no on eliminating it.”

Conclusion

The filibuster is a complex and often misunderstood aspect of the Senate’s rules. While it can be frustrating for lawmakers and the public, it serves an important purpose in promoting compromise and dealmaking. As the government shutdown continues, it’s unlikely that the filibuster will be eliminated, despite Trump’s demands. Instead, lawmakers will need to find other ways to reach a compromise and pass a funding bill.

Frequently Asked Questions

Q: What is a filibuster? A: A filibuster is a parliamentary tool that allows senators to halt action on most bills unless 60 senators in the 100-member chamber vote to move forward.

Q: Why is the filibuster important? A: The filibuster promotes compromise and dealmaking in the Senate by requiring lawmakers to work together to pass legislation.

Q: Can the filibuster be eliminated? A: Yes, the filibuster can be eliminated, but it would require a significant change to the Senate’s rules. It’s unlikely that the filibuster will be eliminated, despite Trump’s demands.