The filibuster has a long and storied history as a delaying tactic employed by members of the minority party in U.S. Senate. In its most simple form, the filibuster means the minority can prolong or delay a vote as long as they can keep a solid block of 41 senators behind the effort.
The problem isn’t really the filibuster in and of itself. It’s the fact that since the 1970s, the threat of a filibuster has been enough to derail legislation. Since then, all a senator has had to do is signal their intent to filibuster and the majority leader most often opts not to bring the bill to the floor. It wasn’t always thus.
Rather than eliminate the filibuster – and the need to get to 60 senators to invoke cloture – simply fall back on the more historic rules of the Senate. If the minority party, a small segment of senators, or even an individual wants to block legislation, go back in time to when they had to earn it. Make the bastards hold the floor. Make them talk until their exhausted. Don’t let them eat. Don’t let them drink. Don’t let them sleep. Make them grind the machinery of state to a halt right there in the chamber with the cameras on them. Make them stay in session on Fridays and over the weekend. If they want to filibuster, make these octogenarian asshats do the work.
Right now, the minority party can weaponize the filibuster and the majority just stands around and takes it… but the majority can weaponize the rules and procedures of the Senate just as easily. Plus, taking the filibuster back to the future is the far more poetic option than throwing it over and turning the Senate into a smaller, more elderly, simple majority needing version than the House.
Make the Filibuster Painful Again. That’s Ol’ Doc Tharp’s prescription.