Every few months someone on the news says a bill “can’t get past the filibuster,” and every few months a lot of us nod along without being sure what that means. Here’s the short version.
The rule
The Senate has 100 members, so a simple majority is 51. But before most bills get a final vote, the Senate has to agree to stop debating them. Ending debate, called cloture, takes 60 votes.
So a bill with 55 supporters can pass in theory and still go nowhere in practice. The other side doesn’t need to talk for hours like in old movies. They just need 41 senators who won’t vote to end debate.
What it doesn’t cover
There are carve-outs. Some budget bills can pass with a simple majority through a process called reconciliation. Judicial and cabinet nominations also need only a majority now, after rule changes in 2013 and 2017.
Why people fight about it
Supporters say it forces compromise and protects whichever party is in the minority, which every party eventually is. Critics say it lets a minority block things most of the country wants.
Both parties have defended the filibuster when they were losing and attacked it when they were winning.
What to watch
When you hear a senator talk about “changing the rules,” this is usually what they mean. Doing it takes only a majority, which is why the threat comes up so often.