
Republicans don’t have the votes to end Democrats’ SAVE America Act filibuster by invoking cloture on the election overhaul bill. And they have been reluctant to bring it to a final vote by requiring Democrats to speak continuously on the floor while strictly enforcing the Senate’s debate rules, making it harder for them to sustain their filibuster. Republicans have instead opted for an “extended debate” during which Democrats are not required to talk.
One reason Republicans give for their reluctance to force Democrats to mount a true talking filibuster is that doing so allows them to offer “unlimited amendments” to the SAVE America Act. While the Senate can quickly dispose of all amendments without prolonging the filibuster by tabling them, many Republicans worry that the votes to do so could hurt them in November’s midterm elections. Republicans also worry they will not have the votes to defeat amendments on issues such as expired healthcare subsidies.
However, requiring Democrats to speak does not automatically let them offer unlimited amendments. Republicans can rely on Senate rules and precedents to structure debate and limit Democrats’ amendment opportunities.