Senate Majority Leader John Thune has finally publicly capitulated on Tuesday by stating “the votes aren’t there for a talking filibuster” on the SAVE American Act. This means that there are some Republicans who are not willing to have an open-ended debate on the bill. Maybe they don’t want to protect federal elections or maybe they have just been misinformed about what can be done to force an open and real debate in the Senate.
As a former Senate staffer, let me break down the options in plain English. There are still tools available for Republicans to force the Democrats to explain why they do not believe in securing federal elections against non-citizens voting. Forcing a “talking filibuster” to victory (final passage by 51 votes) was always a long shot, but the secondary goal was to reveal who is opposed to a bill supported by over 80% of Americans, including a majority of the Democrat’s base.
President Trump today called on Senator Thune to “BE A LEADER” and get the bill passed. If Thune and the Republicans follow the above procedural steps, they will be showing true leadership and may just emerge victorious. Or they may not. Either way, they will be showing the over 80% of Americans who support requiring proof of citizenship to register and photo identification to vote exactly who is fighting for them and who standing in the way.
Kristen A. Ullman, JD is the president of Eagle Forum. Kris served as Executive Director of Eagle Forum’s D.C. office from 1995-1998, as Legislative Director for Senator John Ashcroft (R-MO) and in the Department of Justice. She has served on the Eagle Forum Board of Directors since 2017.
As a former Senate staffer, let me break down the options in plain English. There are still tools available for Republicans to force the Democrats to explain why they do not believe in securing federal elections against non-citizens voting. Forcing a “talking filibuster” to victory (final passage by 51 votes) was always a long shot, but the secondary goal was to reveal who is opposed to a bill supported by over 80% of Americans, including a majority of the Democrat’s base.
- Start Talking – NOW. There has been plenty of discussion and demand for a “talking filibuster” over the last month on X, but not a lot of speeches on CSPAN2. Senators who support the bill need to start the debate now, and not wait for the Majority Leader to bring up the House-passed bill. Dominate all available floor time. Be obnoxious. Make news. If some arcane germaneness rule is brought up? So what? Use it as an opportunity to expose the opponents for shutting down debate. Remember, Sen. Cory Booker “filibustered” for 25 hours but wasn’t blocking any legislation or vote. He was just talking. Supporters should do something similar.
- Delay filing cloture. Sen. Thune should not file cloture for a week or two. There is no reason why a cloture petition needs to be filed right away. There are two ways to limit debate – by filing cloture or if both sides agree to do so by Unanimous Consent (UC). Every day the GOP leadership should try to get a UC from Dems to limit debate so that a final vote can occur. Broadcast their refusal to engage. Keep a tally.
- So what if cloture fails? Sen. Thune needs to continue the debate even when the cloture petition doesn’t get the necessary 60 votes. Failure to reach cloture does not equal the end of debate. Just the opposite. It means debate continues until an UC limiting debate is reached . . . or the Majority Leader decides to move onto something else. Again, failing to get cloture is not death.
In 1998, when Republicans controlled the Senate, the tobacco settlement bill had FOUR FAILED cloture petitions. Democrats filed the first three. When each failed, Majority Leader Lott kept the Senate on the bill - just day after day of debate. Finally, a month after it was first brought up, he filed another cloture petition that again failed. Then, and only then, was the bill sent back to Committee. That is how a bill dies, not by failing to invoke cloture.
- Make the Democrats own any cloture petition. For a cloture petition to be filed, it must be signed by 16 Senators. Any cloture petition that is filed on the SAVE America Act should be signed by opponents of the bill, and opponents only. Outside groups that support the bill should put signing the cloture petition on their Congressional Scorecards. Anyone who signs it is by definition an opponent of the SAVE American Act and therefore wants noncitizens to vote in federal elections. Full stop.
President Trump today called on Senator Thune to “BE A LEADER” and get the bill passed. If Thune and the Republicans follow the above procedural steps, they will be showing true leadership and may just emerge victorious. Or they may not. Either way, they will be showing the over 80% of Americans who support requiring proof of citizenship to register and photo identification to vote exactly who is fighting for them and who standing in the way.
Kristen A. Ullman, JD is the president of Eagle Forum. Kris served as Executive Director of Eagle Forum’s D.C. office from 1995-1998, as Legislative Director for Senator John Ashcroft (R-MO) and in the Department of Justice. She has served on the Eagle Forum Board of Directors since 2017.
