Bringing Back Real Filibusters

One of the most popular ideas for Senate reform is to make would-be filibusterers do a "real filibuster" where you talk and need to hold the floor. But how do you do that in practice? Tom Udall explains his idea to Brian Beutler:

As things currently stand, the onus is on the majority to put together 60 votes to break a filibuster. Until that happens, it's a "filibuster," but it's little more than a series of quorum calls, votes on procedural motions, and floor speeches. The people who oppose the underlying issue don't have to do much of anything if they don't want to.

Here's how they propose to change that. Under this plan, if 41 or more senators voted against the cloture motion to end debate, "then you would go into a period of extended debate, and dilatory motions would not be allowed," Udall explained.

As long as a member is on hand to keep talking, that period of debate continues. But if they lapse, it's over — cloture is invoked and, eventually, the issue gets an up-or-down majority vote.

That doesn't do away with the principle of unlimited debate. If the minority is determined — and what senator doesn't like to talk — it can wait out the majority and force them to pull the legislation.

This seems like a pretty modest change, but I imagine it would have a real impact on things like nominations.