President Joe Biden has indicated support for changing or abolishing the filibuster in order to pass election legislation, a substantial shift from his long-touted position in favor of the Senate’s peculiar rule.
“I think we’re going to have to move to the point where we fundamentally alter the filibuster,” Biden said after the vote.
“It remains to be seen exactly what that means in terms of fundamentally altering it, whether or not we just end the filibuster straight up,” Biden added.
The failed bill would have created new requirements for groups to disclose information about their donors, named Election Day a national holiday, and created federal standards for voting by mail, early voting, and voter ID.
In the past, Biden has been open to some reforms of the filibuster. He has been particularly outspoken in his support for a return to the so-called “talking filibuster.”
Under the “talking filibuster” standard, at least one minority party senator must stand on the floor and keep talking. Current rules allow a senator to declare their intention to launch a filibuster against a bill or motion, and then what’s known as a cloture vote is taken, which requires a 60-vote supermajority for further action on the matter.
In recent years, the rules of the filibuster have been relaxed, effectively putting an end to the talking filibuster.
“I would go back to that, where you have to maintain the floor,” Biden said in July. “You have to stand there and talk and hold the floor.”
Biden’s sudden flip on the Senate rule is indicative of growing frustration among Democrats toward the process, especially after the failure of the bill that many hoped would be palatable to some Republicans.
In an interview, Rep. Jim Clyburn (D-S.C.) said that S.1 dealt with “constitutional rights” and “should not be subjected to a filibuster.”
Many Democrats Continue to Hold Tight to Filibuster
Still, despite Biden’s substantial influence as the leader of the Democratic Party, any change to the filibuster will have to pass muster with moderates in the party who have been outspoken in support of the rule in the past.“I’m supporting the filibuster. I’m gonna continue to support the filibuster. I think it defines who we are as a Senate,” he said, adding that while he would make it harder to get rid of it, he would support changing the rules to bring back the talking filibuster; the filibuster “should be painful if you wanna use it,” he argued.
“The filibuster has nothing to do with the debt ceiling,” Manchin said then. “We have other tools that we can use. If we have to use them, we should use them.”
And Manchin is not the only Democratic senator opposed to ending the filibuster.
Sinema argued that the filibuster is “a tool [for the] protection for the minority,” arguing that Democrats have used the ”tool” just as often when they were in the minority.
Sen. Diane Feinstein (D-Calif.) has also made comments in support of keeping the filibuster as-is.
While Democrats are able to change the rules by a simple majority vote, Biden must win over these holdouts in his party for any such change to be possible.