A growing number of Senate Republicans said they are considering a rule change that would allow them to go around the filibuster and approve government funding with a simple majority. Their statements come as President Donald Trump continues his calls to abolish the filibuster.
“Every day that this goes on, every hour that this gets worse, changing the filibuster looks a lot more reasonable to me,” Sen. Josh Hawley, R-Mo, told Straight Arrow News. “I’m just saying.”
Currently, there aren’t enough votes in the Republican caucus to abolish the filibuster, a move that lawmakers on both sides of the aisle say would permanently alter the dynamics of the Senate. Majority Leader John Thune, R-S.D., has made clear he wants the legislative filibuster to remain intact, a sentiment shared by many GOP lawmakers.
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“The filibuster has saved the country from a lot of terrible ideas,” Sen. John Cornyn, R-Texas, said to SAN. “But I think the longer the shutdown goes on, the more likely people like me are going to be open to changing it in order to allow the government to reopen and relieve the American people from this senseless hardship.”
If Republicans tried to approve a continuing resolution with a simple majority, they would be invoking what’s called the “nuclear option.” That’s when the Senate changes the rules to allow a simple majority to approve a specific measure — in this case government funding. The chamber already changed the rules to allow a simple majority to approve executive and judicial nominations, in addition to budget reconciliation packages.
“I think there may be a role to look at things like appropriations bills or continuing resolutions so we can at least reopen the government. Because we can’t tolerate the continued shutdown caused by Sen. Schumer and Democrats,” Cornyn said.
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The Senate can end debate on a measure, or end a filibuster, with a three-fifth’s vote. The 60 vote threshold was established in 1975.
So far, only Sen. Ron Johnson, R-Wis., endorsed President Trump’s statement. He said Democrats will abolish the filibuster the next time they win a majority, so Republicans might as well beat them to it.
Historically, Republicans have been outspoken about maintaining the filibuster. The caucus relied on it in previous sessions to block Democratic administrations’ high-priority bills, with a select few Democrats defecting to maintain the rule. Now, more Republicans are publicly musing about a rules change.
“The arguments that the President’s making get a lot more attractive by the hour,” Hawley said. “So if you’re going to tell me I have to choose between helping people eat or defending the rules of the Senate, I’m going to choose people eating.”
Those who support the filibuster contend it’s essential to ensuring new laws have consensus. They don’t want legislation rushed through by a simple majority, they want thoughtful and careful work on a bipartisan basis.
“This isn’t just changing the threshold for votes. This is redefining this institution, redefining this country,” Sen. Thom Tillis, R-N.C., told SAN.
Tillis warned that if the Senate eliminates the filibuster, it will have negative consequences across the country.
“I’m a business guy. You change this, and every two or four years, you could have massive swings and tax policy, regulatory policy,” Tillis said. “People pay a premium to invest in the United States because we have certainty. We are thoughtful. It is hard to get bad stuff done here.”
Tillis believes enough Republicans will hold their positions in the heat of the moment to prevent an institutional change.
