Changing the Rules: The Senate Filibuster




Federalist Society Practice Groups Podcasts show

Summary: Last month, the U.S. Senate changed its procedural rules well into the tenure of a Congress. The rules change concerned the filibuster. Where previously a cloture vote to end debate on all filibusters required 60 votes, cloture votes on a President's Executive Branch and judicial nominees now require only 51 votes. The rules change stipulates that U.S. Supreme Court nominees are not covered by the change. -- Did the Senate act contrary to its own rules, procedures, and customs by making this change in the middle of a Congress, instead of at the beginning of a Congressional term? Is the rule change a proper corrective measure in light of the growth of the use of the filibuster over the past 20 years? Or is the change an example of a majority determined to accomplish its ends merely by virtue of its being a majority? Perhaps more importantly, is the rule change here to stay, or might it be reversed in the future? These and other questions were addressed by our experts. -- Featuring: Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network and M. Edward Whelan III, President, Ethics and Public Policy Center. Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society.