Filibustering

Filibustering is a legislative tactic intended to delay or block action on a bill or other business by prolonging debate or using procedural hurdles. The term originates from the Spanish filibustero, referring to privateers, and was adopted in the United States to describe tactics that extend debate to prevent a vote; it is most closely associated with the U.S. Senate, where the rules allow extended debate that is more limited in other chambers.

In the Senate, a filibuster can take the form of a single senator speaking for long periods, or of leveraging procedural devices such as holds, blocking unanimous consent, and slow-moving amendments. The effect is to compel negotiation, changes to the measure, or to prevent an up-or-down vote.

Ending a filibuster requires cloture. Since 1975, cloture typically requires 60 votes to limit further debate and proceed to a vote. Once cloture is invoked, the ensuing debate is limited, and a simple majority can pass the measure, subject to other rules.

Notable examples include Strom Thurmond’s 1957 filibuster of the Civil Rights Act, the longest in U.S. history, which ultimately failed to prevent passage after cloture was invoked. The 1964 Civil Rights Act was enacted despite a lengthy filibuster.

Contemporary debates emphasize the balance between minority rights and legislative efficiency. In recent years, Senate rules have been reformed to reduce the impact of filibusters on presidential nominations, with changes in 2013 and 2017 allowing confirmation of many nominees by simple majority, including a 2017 change to permit Supreme Court nominees to be confirmed without a supermajority. Despite these changes, filibuster-like obstruction remains a factor in legislative deliberations.

Outside the United States, the term is used in some parliamentary contexts, but practices vary by country.