Dems can beat a GOP filibuster without changing the rules

For example, any Democratic senator—or Harris, as the Senate’s presiding officer—can limit a Republican filibuster of voting rights legislation by enforcing rule XIX. This rule bars senators from speaking “more than twice upon any one question in debate on the same legislative day without leave of the Senate, which shall be determined without debate.”

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The Senate begins a new legislative day whenever it convenes after voting to adjourn. Consequently, a legislative day may last up to two years because Democrats can vote not to adjourn the 50-50 Senate with Harris’ tie-breaking vote (if they all vote together). And former Senate Majority Leader Harry Reid (D–Nev.), kept the Senate in the same legislative day for weeks in 2013 to pressure Republicans to go along with Democrats’ plan to reform the Senate rules. Reid announced his plans on the Senate floor on the first day of the 113th Congress. “It is my intention that the Senate will recess today, rather than adjourn, to continue the same legislative day.”

Using rule XIX to end Republicans’ filibuster instead of rule XXII requires Democrats to keep the Senate in the same legislative day until the Republican senators who are willing to mount a physically demanding filibuster have exhausted their ability to speak on the motion to proceed to voting rights legislation. Then, the Senate votes on the motion when the Republicans committed to filibuster it have delivered the two speeches they are allowed by the rule. At that point, the Senate’s presiding officer can “put the question,” or call for a vote on adopting the motion to proceed to the legislation.

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