Harkin Resolution Restores Senate Tradition; Reduces Filibuster Threat That Has Mired Chamber In Gridlock

Press Release

Senator Tom Harkin (D-IA) today introduced a Senate resolution that preserves the Senate tradition of extended debate and deliberation; but reduces the threat of filibuster that has mired the chamber in gridlock. Harkin first introduced this measure in 1995, when Senate Democrats were in the minority. The measure was cosponsored by Senator Jeanne Shaheen (D-NH).

"The filibuster was once an extraordinary tool used in the rarest of instances," said Harkin. "In the 71 years since Hollywood filmed 'Mr. Smith Goes to Washington,' the aim of the filibuster has been turned completely upside down. Seven decades ago, Jimmy Stewart, 'Senator Smith,' was the little guy using the filibuster to battle the special interests. Today, it is the special interests that are using the filibuster to kill legislation that would benefit the little guy."

"Again and again, the minority party is abusing the rules of the Senate, wasting taxpayer money and grinding the Senate to a halt," said Shaheen. "We can't afford to put important issues on hold any longer. It's time to end the gridlock that's crippling our government and hurting our ability to tackle the big challenges facing our country."

In the 1950s, there was an average of one filibuster per Congress. From 1995, when Harkin first introduced his reform proposal, through 2008, the number of filibusters per Congress increased 75 percent. In the last Congress, the 110th Congress, there were an astonishing 139 motions to end filibusters. In the current 111th Congress, now near its midpoint, there have been 74. Moreover, unlike the eight percent of major bills subject to a filibuster 40 years ago, 70 percent of major bills were targeted last Congress.

The sheer number of filibusters today is now used or threatened to be used on virtually every measure and every nominee. For example:

A motion to proceed to the Defense Appropriations bill for the sole purpose to delay a vote on health care reform.
A motion to proceed to a bill to extend unemployment compensation. After delaying and then grinding Senate business to a halt, the bill passed 98-0. Similar actions occurred with the:
The Agriculture Appropriations bill that funded key agriculture, conservation and nutrition programs. That bill passed 83-11.
The Credit Card Holders Bill of Rights. That bill passed 92-2.
The Fraud Enforcement and Recovery Act. That bill passed 84-4.

The resolution introduced today amends the Standing Rules of the Senate to permit a decreasing majority of Senators to invoke cloture. On the first cloture vote, 60 votes would be needed to end debate. If one did not get 60 votes, one could file another cloture motion and 2 days later have another vote. That vote would require 57 votes to end debate. If cloture was not obtained, one could file another cloture motion and wait 2 more days. In that vote, one would need 54 votes to end debate. If one did not get that, one could file one more cloture motion, wait 2 more days, and 51 votes would be needed to move to the merits of the bill.

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