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If cloture is invoked, the motion to proceed is not debatable. [45] Under rule XXVIII, paragraph 2 (added on January 24, 2013), a cloture motion on a compound motion to go to conference ripens two hours after it is filed. If cloture is invoked, the compound motion is not debatable. [45] Cloture voting in the United States Senate, 1917−2014 [46]
The first cloture vote occurred in 1919 to end debate on the Treaty of Versailles. Although cloture was invoked, the treaty was then rejected against the wishes of the cloture rule's first champion, President Wilson. [24] During the 1930s, Senator Huey Long of Louisiana used long filibusters to promote his populist policies.
Cloture is invoked very rarely, particularly because bipartisan support is usually necessary to obtain the required supermajority. If the Senate does invoke cloture, debate does not end immediately; instead, further debate is limited to thirty additional hours unless increased by another three-fifths vote.
On November 21, 2013, Majority Leader Harry Reid raised a point of order that "the vote on cloture under Rule XXII for all nominations other than for the Supreme Court of the United States is by majority vote." [34] The presiding officer overruled the point of order, and the Senate voted 48–52 against sustaining the decision of the chair. The ...
Senate rules permit a senator or senators to speak for as long as they wish and on any topic they choose, unless "three-fifths of the Senators duly chosen and sworn" [56] (usually 60 out of 100 senators) bring debate to a close by invoking cloture under Senate Rule XXII. Even if a filibuster attempt is unsuccessful, the process takes floor time ...
After four days of debate, a cloture motion fell short of the necessary two-thirds majority to cut off debate. President Lyndon Johnson withdrew the nomination soon afterward. Fortas remained on the Court as an associate justice. [56] [57] More recently, in 2017, there was an effort to filibuster President Donald Trump's nomination of Neil Gorsuch.
On April 6, 2017, when considering the nomination of Neil Gorsuch, in a party-line vote the Republican Senate majority invoked the so-called "nuclear option", voting to reinterpret Senate Rule XXII and change the cloture vote threshold for Supreme Court nominations to a simple majority of senators present and voting. [2] [6] [7]
Apart from these constitutional requirements, a Senate rule (except in cases covered by the nuclear option, or of a rule change) requires an absolute supermajority of three-fifths to move to a vote through a cloture motion, which closes debate on a bill or nomination, thus ending a filibuster by a minority of members. In current practice, the ...