Democrats are blocking Republicans’ efforts to approve the House-passed Continuing Appropriations and Extensions Act (HR 5371), which would fund the government until November 21. The Senate’s 53 Republicans have tried to advance HR 5371 throughout the shutdown by invoking cloture on the motion to proceed to its consideration. But Republicans haven’t succeeded because they need at least seven Democrats to invoke cloture (i.e., to end debate) on the motion. Under Senate Rule XXII, a three-fifths majority of senators duly chosen and sworn (typically 60 senators) must vote to end debate and proceed to an up-or-down vote on the motion over the objections of a minority of the chamber’s members.
President Trump recently called on Senate Republicans to nuke the filibuster to overcome Democrats’ obstruction and end the government shutdown. But Republicans don’t have to eliminate the filibuster to advance HR 5371. They can instead use Senate Rule XIX – the so-called “two-speech rule” - to stop Democrats from blocking the short-term funding bill indefinitely.
A Two-Speech Rule Stategy
Rule XIX stipulates, “No senator shall speak more than twice upon any one question in debate on the same legislative day without leave of the Senate, which shall be determined without debate.”
