this post was submitted on 10 Oct 2025
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The current legislation they are trying to pass in the Senate is an example. Part of the reason we are in a shutdown, from a legal standpoint, is because Republicans do not have the votes to bypass the filibuster.
As for why nominations don’t require the 60%+ threshold? Because it was something previously agreed between both parties. There are very few things that you can actually Filibuster. You may have heard of budget resolutions as an alternative to getting things passed, it’s for if they want specific economic legislation passed that can’t be filibustered.
Either party could in-theory get rid of the Filibuster, but that is a can of worms neither party wants to go for as a short-term win. The Filibuster is what prevents the worst legislation from even seeing the light of day.
The only reason I could see Dems getting rid of the Filibuster would be if they wanted to uncap the House, but that in itself would require a Dem trifecta and every member in the Senate willing to approve uncapping the House.