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Have there been proposals to reform the filibuster in 2021–2025 and what changes were considered?
Executive Summary
The period 2021–2025 saw repeated, serious proposals to change the Senate filibuster ranging from procedural tweaks to outright elimination, with prominent ideas including a talking filibuster, lowering or phasing out the 60-vote threshold, targeted exceptions for “democracy” or voting-rights bills, and use of the nuclear option to change rules by majority. Political reality kept most proposals unrealized: internal Democratic splits (notably Senators Joe Manchin and Kyrsten Sinema), Republican resistance, and debates about institutional norms meant reform remained contested through 2025 [1] [2] [3] [4].
1. Why the Filibuster Became a Flashpoint — Stakes and Timing
Debates about changing the filibuster intensified after 2020 as Democrats sought durable majorities and Republicans reacted to perceived partisan weaponization of Senate rules; the argument for reform centered on passing major policy objectives like federal voting protections and codified abortion rights, while defenders argued the filibuster enforces deliberation and bipartisanship. Advocates proposed reforms in 2021–2025 framed around restoring Senate functionality and preventing minority obstruction, with published proposals in 2021 and renewed discussion in 2024 and 2025 as electoral outcomes threatened to alter Senate control [3] [2] [4]. The competing urgencies—protecting democracy vs. preserving minority rights—drove a wide range of reform blueprints rather than a single consensus solution [5] [1].
2. The Talking Filibuster and Presence Requirements — Making Obstruction Costly Again
One repeatedly advanced option was the “talking filibuster,” which would require senators who want to block legislation to physically hold the floor and speak, making obstruction time-consuming and politically costly; Senator Jeff Merkley led this push and nearly secured enough Democratic support in 2021–2022 before internal opposition stalled it. Proponents argued this restores the filibuster’s original purpose as an instrument of extended debate rather than a silent supermajority block, while critics warned it could still be gamed or politicized and would not address structural minority power. Reporting and proposals from 2021 onward lay out variations—continuous speech, periodic presence requirements, and shifting the onus to objectors—as practical calibrations of the idea [1] [3] [6].
3. Threshold Changes, Phased Repeal and the Nuclear Option — Majoritarian Paths
A second cluster of proposals targeted the 60-vote cloture threshold, suggesting either a phased reduction (for example, dropping by a few votes each Congress) or outright scrapping via the “nuclear option” that changes Senate precedent by majority vote. Historical precedent for using the nuclear option on nominations in 2013 and 2017 provided a template and a political argument that rules changes are feasible with a simple majority, but political leaders warned that using it for legislation would be consequential and likely reversible when power shifted. Analysis in the period 2021–2025 shows both strategic interest in majoritarian routes and persistent reluctance among senators who fear future retaliation or erosion of Senate norms [7] [6].
4. Targeted Exceptions — Democracy Reconciliation and Limited Carves
Analysts and advocacy groups proposed targeted exceptions as a compromise: create a “democracy reconciliation” or carve-outs for voting-rights and election-security bills allowing simple-majority passage without touching the filibuster for other matters. Reports from 2021–2022 detailed seven reform ideas including such an exception, arguing it would address urgent democratic vulnerabilities while preserving the filibuster’s broader protections [3] [5]. Supporters framed exceptions as narrowly tailored and politically palatable; opponents countered that carve-outs erode the doctrine of equal treatment across issue areas and risk opening a Pandora’s box of additional exceptions when partisan incentives shift [5] [1].
5. Political Dynamics, Who Supported What, and Why Reform Stalled
Reform efforts consistently failed to clear the crucial hurdle of unified major-party support: in multiple episodes Democrats lacked the two or three defections needed to pass rule changes, with Senators Manchin and Sinema explicitly blocking proposals like Merkley’s talking filibuster. Meanwhile, Republicans often defended the filibuster rhetorically but faced internal division—Donald Trump called for eliminating the 60-vote rule at times, creating tension within GOP ranks about tactical short-term gains versus long-term institutional effects. The 2021–2025 record shows substantive policy proposals coupled with entrenched political calculations that kept sweeping reform off the floor despite extensive public debate and published roadmaps for change [1] [4] [7].