Unique Rules of the Senate: Filibuster and Cloture
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What is a filibuster?
A filibuster is a procedural tactic used in the U.S. Senate where a senator extends debate—often by giving a long speech—to delay or prevent a vote on a bill, resolution, or other measure.
Why is the filibuster possible in the Senate but not the House?
The Senate has a tradition of 'unlimited debate,' meaning there are generally no time limits on how long a senator can speak, which opens the door for the filibuster tactic.
What is the primary purpose of a filibuster?
The main goal is to block a measure from being voted on. A minority of senators can use it to force the majority to either withdraw the bill or compromise on its content.
What is 'cloture'?
Cloture (Rule XXII) is the formal procedure that the Senate can use to end a filibuster and bring a matter to a vote.
How many senators must vote for cloture to end a debate?
To invoke cloture on most legislation, a supermajority of three-fifths of the senators (\(60\) out of \(100\)) must vote in favor.
What is a 'hold' in the Senate?
A 'hold' is an informal practice where a senator informs their party's floor leader that they do not wish a particular measure or nomination to reach the floor for consideration. It often signals a threat to filibuster.
Has the cloture rule for nominations changed?
Yes. The Senate has changed its rules to allow executive branch nominations and all judicial nominations (including for the Supreme Court) to be confirmed with a simple majority vote, effectively eliminating the filibuster for appointments.
