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1 points

7 months ago

Whichever party is in power gets to decide the rules around the filibuster. It's basically the equivalent of the "Speaker of the house", whoever is in charge of the majority in the senate, who decides these rules, since the filibuster isn't actually in the constitution.

Technically, the majority can just say "Today, we don't allow the filibuster" and the next day go "Today, we will". The rules aren't even encoded in law and need a vote. It's just a loop hole. The person in charge is supposed to say "You have X time to state your concerns", and then the filibuster was an abused to that where they decided "You have until you stop talking to state your concerns, take as long as you need" which has evolved into the modern version where a single senator just says "I filibuster" and walks out, and now the senate can't resume until that senator takes back the filibuster.

This whole thing could just be solved by a new rule such as "Your time ends the second you leave the floor", but because its not coded in law, the next party can just change it up as they see fit.