Looking back on the 1900s now, we see it as an era of political peace. The parties were not polarized and were largely overlapping, thus bipartisanship was common. After the presidency of Nixon, we began to see the decline of bipartisanship, however things were still quite good until the later years of George W. Bush’s presidency. It was at this point that the filibuster became a staple of modern politics. The filibuster is a technique resulting from the unique rules of the Senate. A Senator is allowed to speak for as long as they want, and on any topic, unless a 3/5th majority or 60 Senators vote to end the speech. The result of this is when a large enough minority of Senators oppose a bill, one of them can speak for the entire proceedings of the Senate for that day, such as the time Senator Strom Thurmond (D-SC) spoke for over 24 hours in opposition to the Civil Rights Act of 1957. However, because they have to continue speaking for this entire time, they need to talk about literally anything, which is how we saw Senator Ted Cruz (R-TX) read Dr. Seuss’ Green Eggs and Ham to the world’s greatest deliberative body. The purpose of the filibuster is to force the majority group to consider the desires of the minority, to guarantee that the voices of 50 Senators cannot be considered void due to the voices of another 50 (plus the Vice President). However, the majority is still the majority for a reason, and they should not be forced to have to accept whatever the minority says either.
For a long time, compromise was able to prevent the use and abuse of the filibuster. However, due to the polarized nature of modern politics, we have reached a point where compromise with the minority party is nearly impossible. As a result, the death of the filibuster is looming. The use and abuse of the filibuster had slowly been increasing during the late 1900s and early 2000s, but its death was guaranteed in 2013. Republican filibusters had prevented almost all of then-President Barack Obama’s executive and judicial nominees from being confirmed. In the face of this unprecedented opposition, Senate Democrats, the majority party, voted to require only a simple majority, or 51 votes, to end a filibuster on judicial (excluding the Supreme Court) nominees. You may be wondering, why couldn’t Republicans simply filibuster the motion to end the filibuster? Because the Senate chooses its own rules, its possible to change the rules of the Senate with only a simple majority. Thus, a simple majority of the Senate was able to vote to abolish the rule requiring 3/5ths of the Senate to support a motion. This move is called the nuclear option, because of the way that its consequences escalate. With this move, the death of the filibuster proceeded as expected. In 2017, due to Democratic filibusters on then-President Donald Trump’s Supreme Court nominee Neil Gorsuch, Republicans voted to only require a simple majority for Supreme Court nominations as well. Now, due to Republican opposition to nearly all of President Biden’s policies, there are now calls to end the filibuster altogether. In a world where the parties were able to communicate and compromise effectively, I would have supported the filibuster in order to protect the rights of the minority. However, when political polarization is preventing the government from functioning, I unfortunately have to support the abolition of the filibuster.