What Is the Filibuster
The filibuster is a Senate practice that lets a minority of senators block a vote by refusing to end debate. Ending debate takes a motion called cloture, which needs 60 votes. That means 41 senators can stop a bill even when most senators support it. It is a Senate rule, not a requirement of the Constitution.
Sixty votes to end debate, 51 to pass a bill. The filibuster blocks the vote, not the bill, and the Senate can change the rule by majority vote.
Key facts
- Ending debate takes 60 votes, so 41 senators can block a bill (U.S. Senate).
- Cloture motions rose from 7 in 1969-70 to 336 in 2021-22 (U.S. Senate).
- Half of the 30 measures filibusters killed from 1917 to 1994 involved civil rights (Brennan Center).
- In September 2025, the Senate voted 53-45 to confirm executive nominees in groups (U.S. Senate).
- The 60-vote rule still covers most legislation in 2026, and Majority Leader John Thune has said his caucus is “not even close” to the votes to end it (NBC News).
How the Filibuster Evolved Since 1806
The filibuster was never designed. Delaying speeches go back to the Senate’s first session: on September 22, 1789, Senator William Maclay wrote in his diary that the “design of the Virginians … was to talk away the time, so that we could not get the bill passed” (U.S. Senate Historical Office). The Senate created a way to end debate in 1917, lowered the bar in 1975, and removed the filibuster for nominations in 2013 and 2017.
- Majority tool dropped The Senate removes its rule for ending debate by majority vote
- Cloture created Two-thirds of senators voting can end debate
- Longest filibuster Strom Thurmond speaks 24 hours, 18 minutes against a civil rights bill
- Civil rights filibuster broken Cloture passes 71-29 after 60 working days on the bill
- Threshold drops to 60 Three-fifths of all senators
- Most nominations at 51 Lower-court judges and executive nominees
- Supreme Court at 51 Extended to Supreme Court nominees
- Nominees in groups Executive nominees confirmed en bloc
: 1806: Majority tool dropped (The Senate removes its rule for ending debate by majority vote). 1917: Cloture created (Two-thirds of senators voting can end debate). 1957: Longest filibuster (Strom Thurmond speaks 24 hours, 18 minutes against a civil rights bill). 1964: Civil rights filibuster broken (Cloture passes 71-29 after 60 working days on the bill). 1975: Threshold drops to 60 (Three-fifths of all senators). 2013: Most nominations at 51 (Lower-court judges and executive nominees). 2017: Supreme Court at 51 (Extended to Supreme Court nominees). 2025: Nominees in groups (Executive nominees confirmed en bloc).
1806: At Vice President Aaron Burr’s advice, the Senate dropped the “previous question” motion, which had let a simple majority force a vote. Brookings researchers describe it as “a simple housekeeping matter,” not a strategic or political one (Brookings).
1917: At President Woodrow Wilson’s urging, the Senate adopted Rule 22, letting a two-thirds majority vote end debate. It was first used in 1919 to end a filibuster of the Treaty of Versailles. Over the next four decades, cloture succeeded only five times (U.S. Senate Historical Office).
1957: Senator Strom Thurmond of South Carolina filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957. In April 2025, Senator Cory Booker set the record for the longest individual speech, 25 hours and 5 minutes, against the policies of the Trump administration (U.S. Senate Historical Office).
1964: On June 10, 1964, the Senate invoked cloture on the Civil Rights Act, 71-29, after the bill had occupied the Senate for 60 working days (U.S. Senate). It was the first time the Senate overcame a filibuster to pass a major civil rights bill. The vote and the debate are covered in our Civil Rights Act explainer.
1975: The Senate lowered the cloture bar from two-thirds of senators voting to three-fifths of all senators, which is 60 of 100 (U.S. Senate).
2013: Senate Democrats ended the filibuster for executive nominees and lower-court judges, so those confirmations now need 51 votes.
2017: Senate Republicans extended the same rule to Supreme Court nominees, and Neil Gorsuch was confirmed 54-45 on April 7, 2017 (U.S. Senate roll call).
2025: On September 11, 2025, Senate Republicans voted 53-45 to overturn a ruling of the chair, setting a precedent that lets executive nominees subject to two hours of debate be confirmed in groups. The change does not cover judges (U.S. Senate roll call; NBC News).
Filibustering Went From Rare to Routine
Cloture motions rose about 48-fold in 50 years. In the 1960s the Senate filed a handful a Congress. Since the early 1970s, the Brennan Center says, senators have used a “silent” filibuster: when 41 or more threaten one, the majority leader will often decline to call a vote (Brennan Center).
| Period | Value |
|---|---|
| 1969-70 | 7 |
| 2021-22 | 336 |
| Change | about 48 times as many |
Every Congress since 2009 has filed more than 100 cloture motions, and two filed more than 300. The counts include nominations, which still need a cloture vote even though they now pass with 51.
| Category | Value |
|---|---|
| 2009-10 | 137 |
| 2011-12 | 115 |
| 2013-14 | 252 |
| 2015-16 | 128 |
| 2017-18 | 201 |
| 2019-20 | 328 |
| 2021-22 | 336 |
| 2023-24 | 266 |
Source: U.S. Senate, Senate Action on Cloture Motions. Every full Congress in the period is shown. Counts include motions on legislation and nominations.
The current Congress, 2025-26, had filed 294 cloture motions as of October 3, 2026, with about three months left (U.S. Senate).
What Passes at 51, 60, and 67 Votes
Three vote thresholds govern what the Senate can do
Budget reconciliation is the main workaround. It lets spending, tax, and debt-limit bills pass with 51 votes, and it is how the 2017 tax law, the Inflation Reduction Act, and the 2025 budget law passed. Reconciliation has its own 60-vote hurdle: a senator can object to anything that is not mainly about the budget, and waiving that objection takes 60 votes. Our bill-to-law explainer covers how reconciliation works.
What the Filibuster Blocked
Civil rights bills were among the filibuster’s main targets in the 20th century. Political scientists Sarah Binder and Steven Smith counted 30 measures derailed by filibuster from 1917 to 1994, and exactly half involved civil rights (Brennan Center). It has since blocked bills from both parties.
Bills blocked by a filibuster or by the 60-vote threshold
Source: Brennan Center (1922, 1935); U.S. Senate roll call votes 111-2 No. 278, 113-1 No. 97, and 119-2 No. 231
Democrats’ combined voting-rights bill, which included the John Lewis Voting Rights Advancement Act, was blocked on January 19, 2022, when cloture failed 49-51. Democrats then tried to change the rule for that bill alone, and Senators Joe Manchin and Kyrsten Sinema joined Republicans to keep it, 52-48 (U.S. Senate roll calls, vote on the rule). Where that bill stands now is covered in our Voting Rights Act explainer.
Where the Filibuster Stands in 2026
The 60-vote rule for legislation survives in 2026, and the pressure to end it comes from the White House. President Trump has told Senate Republicans to use the “nuclear option,” a majority vote to change the rule. Majority Leader John Thune has said his caucus is “not even close” to having the votes to do that (NBC News, July 16, 2026).
Where Each Filibuster Fight Stands
As of October 3, 2026
- 60-vote rule for legislation Law, Senate rule
Still in place. The majority leader has said his caucus is "not even close" to the votes to change it. (source)
- Confirming executive nominees in groups Final ruling, Senate precedent
Set by a 53-45 vote on September 11, 2025. Judges are not covered. (source)
- 2025 shutdown funding bill Ended
Cloture passed 60-40 on November 9, 2025, with seven Democrats and one independent voting yes. (source)
- SAVE America Act on the budget bill Proposal, failed a 60-vote budget waiver
Motions to waive the budget rule for it failed 48-50 on June 4 (Graham amendment) and 50-49 on June 5, 2026 (Lee amendment). (source)
- Voter photo ID bill (S. 5271) Proposal, filibustered
Cloture failed 52-46 on August 8, 2026. (source)
Source: U.S. Senate roll call votes and cloture counts; NBC News
The 60-vote wall shaped the longest government shutdown in the country’s history. From October 1, 2025, Senate Democrats withheld the 60th vote on a funding bill, pressing Republicans to extend expiring Affordable Care Act subsidies. In a post on October 30, Trump called on the Senate to scrap the filibuster (NPR), and the Senate did not change the rule. On November 9, seven Democrats and independent Angus King voted with Republicans to end debate, 60-40 (U.S. Senate roll call). The president signed the funding bill on November 12, ending the shutdown after 43 days (NPR).
Republican election bills have hit the same wall. In June 2026, amendments to add the SAVE America Act to the budget bill needed 60 votes to waive a budget rule and got 48 and 50 (June 4 roll call; June 5 roll call). In August, a stand-alone voter photo ID bill, S. 5271, failed cloture 52-46 (U.S. Senate roll call).
How the Filibuster Could Be Changed
The filibuster is a Senate rule, and a majority can change it by setting a new precedent, as it did for nominations in 2013, 2017, and 2025. These are the main proposals for legislation.
Four proposals for changing the filibuster
Not Every Delay Is Obstruction
Supporters of the filibuster point to real reasons for extended debate, and ending it entirely would change how the chamber works.
- Extended debate has value. Supporters say forcing the majority to build broader support can improve bills and protect minority interests. Critics ask whether a silent filibuster serves that purpose.
- Both parties use it. Democrats blocked a 2026 voter ID bill with the 60-vote rule, and Republicans blocked the 2022 voting rights bill the same way. Any rule change would also apply when the other party holds the majority.
- Ending it is not the only option. A talking filibuster or a burden shift would keep the right to extended debate while making obstruction costly.
- The 60-vote rule already has many exceptions. Nominations pass at 51, and so do budget reconciliation bills. A Brookings analysis counted more than 160 exceptions to the supermajority requirement created since 1969 (Brennan Center, citing Brookings). The open question is whether ordinary legislation should join the list.
Frequently Asked Questions
Is the filibuster in the Constitution?
No. The Constitution sets supermajorities for a few actions, such as convicting an impeached official, overriding a veto, and approving a treaty, and none for ordinary bills. The filibuster became possible in 1806, when the Senate dropped the motion that let a simple majority force a vote.
Why does the Senate need 60 votes to pass a bill?
It does not, technically. A bill passes with 51 votes. But 60 votes are needed to end debate and bring most bills to a vote, so the filibuster blocks the vote, not the bill.
What is the longest filibuster in U.S. history?
Senator Strom Thurmond filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957. The Senate Historical Office lists Senator Cory Booker’s 25-hour, 5-minute speech in April 2025, against the Trump administration’s policies, as the longest individual speech.
Has a filibuster ever worked?
Yes, often. Filibusters killed anti-lynching bills in 1922 and 1935, and Binder and Smith counted 30 measures derailed from 1917 to 1994. More recently, the DREAM Act (55-41), background checks (54-46), and a 2026 voter ID bill (52-46) each got a majority but fell short of 60.
Can a senator talk about anything during a filibuster?
Mostly, yes. Senate Rule XIX requires debate to stay on the pending question only for the first three hours of actual session after that business is laid before the Senate each day. After that, no rule requires relevance.
What is a silent filibuster?
Since the early 1970s, the Brennan Center says, senators have used a silent filibuster: when 41 or more threaten one, the majority leader will often decline to call a vote. No one has to stand on the floor and speak. A talking filibuster would reverse this.
Could the filibuster be eliminated tomorrow?
Technically, yes. A majority can set a new precedent, the nuclear option, as Republicans did for nominees in September 2025. For legislation, Majority Leader Thune has said his caucus is “not even close” to having the votes.
What You Can Do
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Ask your senators whether they support a talking filibuster. It is the most specific question: “Do you support requiring senators to stay on the floor and speak to keep a filibuster going?” is harder to dodge than “Do you support filibuster reform?” Use the letter and call script below.
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Name what the filibuster blocked. The DREAM Act got 55 votes, background checks got 54, and a 2026 voter ID bill got 52. When your senator says they support a policy, ask whether they also support the rule that stops it from getting a vote.
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Vote in Senate elections. Only senators can change the rule, and every Senate election decides whether a majority for reform exists.
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Connect the filibuster to other barriers. The filibuster and gerrymandering both let a minority block what a majority wants. The bill-to-law explainer shows where the 60-vote step fits.