As the midterms draw nigh, President Donald Trump and the GOP are getting antsy over voter ID. The SAVE America Act – which would require identification at the polling place and proof of citizenship in order to register – passed the House almost a month ago, but languishes still in the Senate.
There was some talk of trying to enforce a “talking filibuster” on the voter ID bill, but now the president is calling on the GOP to eliminate it entirely to get the bill passed. And on top of that, he said Sunday, March 8, that he won’t sign a single piece of legislation until the SAVE America Act lands on his desk. Talk about all or nothing!
All in on Voter ID
“I, as President, will not sign other Bills until this is passed,” President Trump posted Sunday morning on Truth Social in regard to the SAVE America Act. He then added in all caps and with three exclamation points: “AND NOT THE WATERED DOWN VERSION – GO FOR THE GOLD: MUST SHOW VOTER I.D. & PROOF OF CITIZENSHIP: NO MAIL-IN BALLOTS EXCEPT FOR MILITARY – ILLNESS, DISABILITY, TRAVEL: NO MEN IN WOMEN’S SPORTS: NO TRANSGENDER MUTILIZATION FOR CHILDREN! DO NOT FAIL!!!”
In the early years of the filibuster, senators who hoped to stave off votes had to actively hold the floor. If they stopped talking, their filibuster was over, and a simple majority passed the bill. So long as they kept gabbing, however, a two-thirds majority was needed to invoke cloture and force an end to debate.
That all changed in the 1970s. In ’75, the Senate reduced the votes needed for cloture from two-thirds to just 60 and changed the filibuster from “talking” to “silent.” This means a minority senator could prevent a vote simply by threatening a filibuster, and the chamber has operated thus ever since.
On the other hand, President Trump has since about October also advocated for the so-called nuclear option: killing the filibuster entirely. But do lawmakers share his enthusiasm?
Numerous senators – including some Democrats – have of late championed the talking filibuster, but relatively few currently seem willing to go entirely nuclear. Democrats, of course, were fans almost to a member of eliminating the filibuster during the Biden years. But that attitude expired with his presidency. On the Republican side, few – primarily Sens. Mike Lee of Utah and Bernie Moreno of Ohio – have advocated ending the filibuster entirely this term.
Legislative Logjam Ahead
With so little appetite for killing the filibuster among those whose opinions count, the only hope for passing any bill through the Senate is achieving a 60-vote threshold to invoke cloture.
With a majority of just 53 and only one Democrat – John Fetterman of Pennsylvania – seemingly likely to cross over on any of the more controversial bills, like funding for the Department of Homeland Security or the SAVE America Act, it’s highly unlikely the bill Trump desires most will pass anytime soon. If the president sticks to his declaration that he’ll sign nothing else, the Senate is effectively dead in the water.
