This Senate Rule Ensures Any Obamacare Filibuster Can Be Beaten

Senate Minority Leader Chuck Schumer, D-N.Y., joined at right by Sen. Al Franken, D-Minn., criticizes the Republican

health care bill during a news conference on Capitol Hill in Washington, Tuesday, July 11, 2017. Senate Majority Leader Mitch McConnell, R-Ky., said he will unveil their revised health care bill Thursday and begin voting on it next week. (AP Photo/J. Scott Applewhite)

Hey Mitch McConnell: Do you want to repeal Obamacare, root and branch, like you promised us?

Simply enforce the rules as they are written, and you’re guaranteed to be able to wait out any Democrat filibuster.

The moderate establishment cowards – you know, the ones who only want to repeal Obamacare when they know Barack Obama is there to veto – they tell us that it’s impossible to repeal Obamacare “because it takes 60 votes.” That’s a lie.

There is no requirement, none, that 60 votes is required to bring up legislation for a final vote. It’s only required to gather 60 votes to end debate early under the ‘cloture’ procedure. But it is not required to invoke cloture to beat a filibuster. You can just wait it out.

Debate is covered by Rule XIX of the Senate’s Standing Rules. Rule XIX.1(a) states that “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.” That, right there, is all you need to beat a filibuster.

No Senator can talk forever. The longest single, standing filibuster in modern times only lasted 24 hours. If every elected Democrat in the Senate managed to do that, then the longest the Democrats could delay Obamacare repeal is 96 days. After that, it would be out of order for any Democrat to rise and speak against the Obamacare Repeal bill, and therefore no cloture vote would be needed to conclude debate and move on to final passage.

Are the Democrats even willing to spend three months stalling all the business of the Senate, never going home to their constituents, and generally making a joke of themselves? Are they even physically fit enough to do this? Before I said no, and I still stand by that.

The only reason the Senate hasn’t passed a full Obamacare repeal bill, is that Mitch McConnell wishes to preserve and protect Obamacare.