How is fili initiated? Kerry refuses to stop talking when his time is up?

[Amaryllis]

Anyone know? They just told him his time was up, so if he is initiating a fili, does he announce it, or refuse to stop talking, or what?

[BuyingThyme]

1. It's initiated once a cloture vote is taken and rejected.

[Walt Starr]

2. The filibuster being talked about here is outlined in Rule XXII

of the United States Senate, towhit:

2. Notwithstanding the provisions of rule II or rule IV or any other rule of the Senate, at any time a motion signed by sixteen Senators, to bring to a close the debate upon any measure, motion, other matter pending before the Senate, or the unfinished business, is presented to the Senate, the Presiding Officer, or clerk at the direction of the Presiding Officer, shall at once state the motion to the Senate, and one hour after the Senate meets on the following calendar day but one, he shall lay the motion before the Senate and direct that the clerk call the roll, and upon the ascertainment that a quorum is present, the Presiding Officer shall, without debate, submit to the Senate by a yea-and-nay vote the question:

"Is it the sense of the Senate that the debate shall be brought to a close?" And if that question shall be decided in the affirmative by three-fifths of the Senators duly chosen and sworn -- except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting -- then said measure, motion, or other matter pending before the Senate, or the unfinished business, shall be the unfinished business to the exclusion of all other business until disposed of.

Thereafter no Senator shall be entitled to speak in all more than one hour on the measure, motion, or other matter pending before the Senate, or the unfinished business, the amendments thereto, and motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. Except by unanimous consent, no amendment shall be proposed after the vote to bring the debate to a close, unless it had been submitted in writing to the Journal Clerk by 1 o'clock p.m. on the day following the filing of the cloture motion if an amendment in the first degree, and unless it had been so submitted at least one hour prior to the beginning of the cloture vote if an amendment in the second degree. No dilatory motion, or dilatory amendment, or amendment not germane shall be in order. Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate.

[Amaryllis]

9. So if the cloture vote doesn't pass, is there any rule on how soon they

can call for another cloture vote? Obviously they wouldn't until they know they have the votes.

[Walt Starr]

13. They could call for another one immediately

if they have the floor.

[endarkenment]

15. and as often as they like however

I think that one of the ones voting against cloture has to bring the motion back again. This is why Frist voted against cloture on the ANWAR bill - so he could resubmit at any time (like after he nukes the filibuster.)

[OrangeCountyDemocrat]

3. The Repubs Call For Cloture

Which is a vote to END DEBATE. If they get 60 votes, then nobody else can speak. Otherwise, I assume time is allocated until they can get 60 Yea votes for Cloture.

[HereSince1628]

4. Can't the president of the senate call for continuous speech?

Modern filibusters are just failure to reach cloture and call the vote, but can't the officers of the senate require the tradition of continuous speech?

[benburch]

5. Basically, yes.

He just starts talking and does not yield the floor. He himself, or a senator he recognizes subsequently, must talk the whole time. The only means of stopping a filibuster is cloture. In these days though, the intention to filibuster is usually made known in advance and the cloture vote is usually scheduled up front to get the matter resolved without undue waste of time.

[endarkenment]

7. They don't have to talk continuously unless the maj. leader demands it.

Physical filibusters haven't happened in decades. The motion to end debate is denied and the filibuster is on. However I suspect that if we make it through cloture that frist will in fact force a physical filibuster if he cannot get his nuke to fly.

[Amaryllis]

10. Can he force a physical filibuster? Has the law changed on that, or just

the custom as far as continuous talking not being required any longer?

[endarkenment]

11. I believe it is custom

wikipedia has a pretty good article full of links.

[endarkenment]

6. The filibuster is initiated by not agreeing to end debate.

Technically the majority leader can insist that actual speeches take place, but that rarely happens.

here is rule 22 which is the pertinent senate rule (until Frist gets finished interpreting it to his liking):
http://rules.senate.gov/senaterules/rule22.php

[sandnsea]

8. It's a cloture VOTE

The vote is scheduled for 4:30 eastern. They'll bring it to the floor and they either decide to end debate, symbolically, or leave it open. It doesn't have anything to do with actual talking. It's a senatorial procedure that is entirely decided by Senate rules which is a vote.

[Catchawave]

12. As I understand.....

All this filibuster and cloture speak, is just buying time for the Dems?

That's okay, if I felt they were onto something and NEEDED more time!?!

[endarkenment]

14. Nope.

A filibuster ends the nomination. They can try again to break the filibuster, but typically the next move is to submit a new candidate.

[Catchawave]

16. Thank you ! n/t