As the balance of power in the Senate shifts following the 2024 elections, Senate Democrats are preparing to reinstate their support for the very procedural tool they once sought to eliminate: the filibuster.

After a loss of the majority and a defeat in their bid to make significant changes to the legislative process, many Democrats are now planning to use the filibuster as part of their strategy to block Republican initiatives and President-elect Donald Trump’s policies.

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Senator Richard Blumenthal (D-CT) acknowledged the evolving stance, explaining, “I’d be lying if I said we’d be in a better position without the filibuster. We have a responsibility to stop autocratic and long-headed abuse of power or policy, and we’ll use whatever tools we have available. We’re not going to fight this battle with one hand tied behind our back.”

Sept. 13, 2023; Washington, D.C., USA; Chairman Richard Blumenthal (D-CT) holding a hearing to examine the PGA Tour-LIV deal, focusing on the Saudi Arabian Public Investment Fund’s investments in the United States on Sept. 13, 2023 in Washington, D.C.. Mandatory Credit: Jack Gruber-USA TODAY

Mar 7, 2024; Washington, DC, USA; Senate Majority Leader Chuck Schumer (L) chats with Democratic Senator from Illinois Dick Durbin (R) in the House of Representatives ahead of US President Joe Biden’s third State of the Union address to a joint session of Congress at the U.S. Capitol in Washington on March 7, 2024. Mandatory Credit: Shawn Thew/Pool via USA TODAY.

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Senator Dick Durbin (D-IL), the Senate Majority Whip, also highlighted the importance of the filibuster as part of the Democrats’ approach in the new Congress, stating, “We had to live with it when we were in the majority.” Democrats are gearing up to use the filibuster, a tool many had previously sought to weaken, as part of their resistance to the 53-47 Republican majority in the Senate.

The filibuster, a rule requiring 60 votes to break a legislative hold, has been a point of contention in recent years, with Democrats pushing for its elimination to advance their progressive agenda.

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However, with the shift in Senate control, Democrats are now adopting a more pragmatic approach, seeking to use the filibuster to prevent Republicans from pushing through their policies.

Earlier in the Biden-Harris administration, Senate Democrats, including leaders like Chuck Schumer, had called for the elimination of the filibuster to facilitate the passage of key legislation on voting rights, abortion access, and other progressive policies.

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However, Senators Joe Manchin (I-WV) and Kyrsten Sinema (I-AZ) defended the filibuster, preventing any changes.

With the 2024 elections and the shift in power, some Democrats now see an opportunity to push for a revision of the filibuster rules, even as they embrace the tool once again.

Senator Brian Schatz (D-HI), a longtime advocate for eliminating the filibuster, expressed his internal struggle, saying, “I’m going to try not to make a mess of my position on this one.”

May 11, 2023; Washington, D.C., USA; — Senator Brian Schatz (D-Hawaii) questions Miguel Cardona, Secretary, Department of Education at the Senate Appropriations – Subcommittee on Labor, Health and Human Services, and Education, and Related Agencies hearing to examine proposed budget estimates and justification for fiscal year 2024 for the Department of Education on May 11, 2023 in Washington, D.C. Mandatory Credit: Jack Gruber-USA TODAY

Senator Chris Murphy (D-CT) stated that while he is open to changes to the filibuster, he does not want to see it “obliterated,” noting his previous criticism of the filibuster as a “slap in the face to majoritarianism.”

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Aug 21, 2024; Chicago, IL, USA; Sen. Chris Murphy, D-Conn., speaks during the third day of the Democratic National Convention at the United Center. Mandatory Credit: Jasper Colt-USA TODAY

As Senate Republicans, led by incoming Senate GOP leader John Thune (R-SD), vow to protect the filibuster, some Democrats are expressing concern about the GOP’s future stance on the rule.

Thune reaffirmed that Republicans would not modify the filibuster, even if it posed an obstacle to President Trump’s agenda, calling out the Democratic Party for advocating for “undemocratic” changes in the system.

Despite Democrats’ renewed use of the filibuster, some see the potential for compromise through a return to a talking filibuster, a form of filibuster that requires opponents to continuously hold the floor, rather than simply threatening to delay legislation.

The filibuster’s history dates back to the early 19th century, with several changes to its threshold over time.

In 1917, the Senate allowed for debate to be cut off by a two-thirds majority, a threshold later lowered to three-fifths (60 votes) in 1975.

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Both Democrats and Republicans have chipped away at the filibuster, creating carve-outs for specific legislation such as judicial nominations, with Republicans lowering the threshold for Supreme Court nominees in 2017.

Critics argue that such carve-outs undermine the original intent of the filibuster.

Senator John Barrasso (R-WY) criticized Democrats for their flip-flop on the filibuster, noting, “Democrats continue to talk out of both sides of their mouth, and we’re seeing it again right now. They all campaigned to eliminate the filibuster, and now they’re scared to death of it.”

As the new Congress prepares to convene, Senate Majority Leader Chuck Schumer (D-NY) has called for bipartisan cooperation, urging Republicans to “take care not to misread the will of the people” and abandon the push for bipartisanship.

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Schumer’s comments reflect the delicate balancing act Senate Democrats must navigate, as they consider using the filibuster to block Republican policies while still working toward compromise on critical issues.

In conclusion, the filibuster remains a contentious issue in the Senate, with both parties utilizing it as a strategic tool.

As Republicans and Democrats gear up for the next Congress, it remains to be seen how the filibuster will continue to shape legislative efforts and whether the long-standing procedural tool will evolve once again.

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