Senate Majority Leader John Thune has an opportunity to pass a measure that 85% of Americans support, the SAVE America Act (Safeguard American Voter Eligibility). Democrats in the Senate have declared the bill dead on arrival as they know that Republicans cannot get 60 votes to stop a filibuster.
But we need understand the filibuster and the Senate rules. It is not as simple as Democrats want to make it out to be.
Over the years the filibuster has morphed into a matter as simple as handing a note to the clerk of the Senate stating that there is a filibuster on a particular vote. When that happens, all action on the vote comes to a halt and the Senate pivots over to work on other matters.
That was not the original meaning of filibuster. The original practice has been so watered down that today there are two names for the filibuster. The “silent” filibuster is what we are familiar with today. One side just “says filibuster” and that’s it.
The other name is the “standing” or “talking” filibuster. In short, the standing or talking filibuster requires one side to keep talking until one of three things happen: (1) 60 Senators vote to end debate; (2) one side gives up; or (3) the two-times rule is invoked, and the minority runs out of speakers.
Congressman Chip Roy sent a “dear colleague” letter to the Senators explaining how they could pass the SAVE act with a simple majority. (A copy of the letter is at the end of this article.) It will not be easy, but it is possible if our Republican senators will discipline themselves and, as Nike says, “just do it.”
In short, Republicans would have to vote with a simple majority to table any amendment that Democrats bring up and keep tabling amendments. Democrats, on the other hand, would have to keep someone talking the full time. The Senate rules only allow a person to speak twice on any one bill or amendment.
Even if the Democrats stayed fully in lockstep to filibuster, they would eventually come to a point of having no one left to debate and Republicans could end debate and vote on the bill. Sound complicated? It is, but it would be worth it.
Congressman Roy closed his letter with a worst-case scenario. “Democrats filibuster to death an 85% issue like Voter ID and citizen voting in front of the entire country.”
Best case, the bill passes and we have real voter ID for national elections. Senate Republicans, this is a no-brainer. All you need is the discipline to make them filibuster.
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