A filibuster is a parliamentary procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking out a bill","Talking it out" usage example: and is characterized as a form of obstructionism in a legislature or other decision-making body.
The modern English form "filibuster" was borrowed in the early 1850s from the Spanish language filibustero (lawless plunderer). The term was applied to adventurers like William Walker who were engaging in private military expeditions in Latin America. Spain lost all its Central American territory in 1821. Over the course of the mid to late 19th century, the term "filibustering" became common in American English in the sense of "obstructing progress in a legislative assembly".
Cato attempted to use the filibuster at least twice to frustrate the political objectives of Julius Caesar. The first incident occurred during the summer of 60 BC, when Caesar was returning home from his promagistrate in Hispania Ulterior. Caesar, by virtue of his military victories over the raiders and bandits in Hispania, had been awarded a Roman triumph by the Senate. Having recently turned forty, Caesar had also become eligible to stand for Roman consul. This posed a dilemma. Roman generals honored with a triumph were not allowed to enter the city prior to the ceremony, but candidates for the consulship were required, by law, to appear in person at the Forum Romanum. The date of the election, which had already been set, made it impossible for Caesar to stand unless he crossed the pomerium and gave up the right to his triumph. Caesar petitioned the Senate to stand , but Cato employed a filibuster to block the proposal. Faced with a choice between a triumph and the consulship, Caesar chose the consulship and entered the city.
Cato made use of the filibuster again in 59 BC in response to a land reform bill sponsored by Caesar, who was then consul. When it was Cato's time to speak during the debate, he began one of his characteristically long-winded speeches. Caesar, who needed to pass the bill before his co-consul, Marcus Calpurnius Bibulus, took possession of the fasces at the end of the month, immediately recognized Cato's intent and ordered the to jail him for the rest of the day. The move was unpopular with many senators and Caesar, realizing his mistake, soon ordered Cato's release. The day was wasted without the Senate ever getting to vote on a motion supporting the bill, but Caesar eventually circumvented Cato's opposition by taking the measure to the Tribal Assembly, where it passed.
In opposition, Tony Abbott's Liberal National coalition used suspension of standing orders in 2012 for the purposes of filibustering, most commonly during question time against the Labor government.
In 2022, Liberal Senator Michaelia Cash engaged in a nine-hour filibuster in committee of the whole (in which senators can usually question ministers as often as they liked) in an effort to stall the passage of industrial relations laws.
The House was supposed to break for the summer on June 23 but remained open in an extended session due to the filibuster. The 103 NDP MPs had been taking it in turn to deliver 20-minute speeches, plus 10 minutes of questions and comments, to delay the passing of the bill. MPs are allowed to give such speeches each time a vote takes place, and many votes were needed before the bill could be passed. As the Conservative Party of Canada held a majority in the House, the bill passed. This was the longest filibuster since the 1999 Reform Party of Canada filibuster, on native treaty issues in British Columbia.
Former Conservative Member of Parliament Tom Lukiwski was known for his ability to stall Parliamentary Committee business by filibustering. One such example occurred on October 26, 2006, when he spoke for almost 120 minutes to prevent the Standing Committee on Environment and Sustainable Development from studying a private member's bill to implement the Kyoto Accord. He also spoke for about 6 hours on February 5, 2008, and February 7, 2008, at the Standing Committee on Procedure and House Affairs meetings to block inquiry into allegations that the Conservative Party spent more than the maximum allowable campaign limits during the 2006 Canadian federal election.
Another example of filibuster in Canada federally came in early 2014 when NDP MP and Deputy Leader David Christopherson filibustered the government's bill C-23, the Fair Elections Act at the Procedure and House Affairs Committee. His filibuster lasted several meetings, in the last of which he spoke for over 8 hours. It was done to support his own motion to hold cross-country hearings on the bill so that MPs could hear what the Canadian public thought of the bill. In the end, given that the Conservative government had a majority at committee, his motion was defeated and the bill passed — though with some significant amendments.
In the spring of 2017 Conservative and NDP Opposition MPs united to filibuster a motion from Government House Leader Bardish Chagger, arguing it was an attempt by the Liberal government to limit the ability of opposition parties to hold the government to account. David Christopherson was again one of the leaders in this filibuster along with Conservative Scott Reid. Several other opposition MPs made significant contributions to the filibuster, including Conservatives Blake Richards, John Nater, and Jamie Schmale. The filibuster lasted from March 21 until May 2, when the governing Liberals agreed to drop the most controversial elements of their proposal.
A second high-profile and uniquely implemented filibuster in the Ontario Legislature occurred in April 1997, where the Ontario New Democratic Party, then in opposition, tried to prevent the governing Progressive Conservatives' Bill 103 from taking effect. To protest the Tory government's legislation that would amalgamate the municipalities of Metro Toronto into the "megacity" of Toronto, the small NDP caucus introduced 11,500 amendments to the megacity bill, created on computers with mail merge functionality. Each amendment would name a street in the proposed city, and provide that public hearings be held in the megacity with residents of the street invited to participate. The Ontario Liberal Party also joined the filibuster with a smaller series of amendments; a typical Liberal amendment would give a historical designation to a named street. The NDP then added another series of over 700 amendments, each proposing a different date for the bill to come into force.
The filibuster began on April 2 with the Abbeywood Trail amendment and occupied the legislature day and night, the members alternating in shifts. On April 4, exhausted and often sleepy government members inadvertently let one of the NDP amendments pass, and the handful of residents of Cafon Court in Etobicoke were granted the right to a public consultation on the bill, although the government subsequently nullified this with an amendment of its own. On April 6, with the alphabetical list of streets barely into the Es, Speaker Chris Stockwell ruled that there was no need for the 220 words identical in each amendment to be read aloud each time, only the street name. With a vote still needed on each amendment, Zorra Street was not reached until April 8. The Liberal amendments were then voted down one by one, eventually using a similar abbreviated process, and the filibuster finally ended on April 11.
In 2009, several parties staged a filibuster of the Local Government (Auckland Reorganisation) Bill in opposition to the government setting up a new Auckland Council — under urgency and without debate or review by the select committee — by proposing thousands of wrecking amendments and voting in Māori as each amendment had to be voted on and votes in Māori translated into English. Amendments included renaming the council to "Auckland Katchafire Council" or "Rodney Hide Memorial Council" and replacing the phrase "powers of a regional council" with "power and muscle".
The all-time Commons record for non-stop speaking, six hours, was set by Henry Brougham in 1828, though this was not a filibuster. The 21st century record was set on December 2, 2005, by Andrew Dismore, Labour MP for Hendon. Dismore spoke for three hours and 17 minutes to block a Conservative private member's bill, the Criminal Law (Amendment) (Protection of Property) Bill, which he claimed amounted to "vigilante law". Although Dismore is credited with speaking for 197 minutes, he regularly accepted interventions from other MPs who wished to comment on points made in his speech. Taking multiple interventions artificially inflates the duration of a speech and thus may be used as a tactic to prolong a speech.
In local unitary authorities of England a motion may be carried into closure by filibustering. This results in any additional motions receiving less time for debate by councillors instead of forcing a vote by the council under closure rules.
In the Southern Rhodesia Legislative Assembly, Independent member Ahrn Palley staged a similar filibuster against the Law and Order Maintenance Bill on November 22, 1960, although this took the form of moving a long series of amendments to the Bill, and therefore consisted of multiple individual speeches interspersed with comments from other Members. Palley kept the Assembly sitting from 8 PM to 12:30 PM the following day.
In the Senate of the Philippines, Roseller Lim of the Nacionalista Party held out the longest filibuster in Philippine Senate history. On the election for the President of the Senate of the Philippines in April 1963, he stood on the podium for more than 18 hours to wait for party-mate Alejandro Almendras who was to arrive from the United States. The Nacionalistas, who comprised exactly half of the Senate, wanted to prevent the election of Ferdinand Marcos to the Senate Presidency. Prohibited from even going to the comfort room, he had to relieve in his pants until Almendras' arrival. He voted for party-mate Eulogio Rodriguez just as Almendras arrived, and had to be carried off via stretcher out of the session hall due to exhaustion. However, Almendras voted for Marcos, and the latter wrested the Senate Presidency from the Nacionalistas after more than a decade of control.
On December 16, 2010, Werner Kogler of the Austrian Green Party gave his speech before the budget committee, criticizing the failings of the budget and the governing parties (Social Democratic Party and Austrian People's Party) in the last years. The filibuster lasted for 12 hours and 42 minutes (starting at 13:18, and speaking until 2:00 in the morning), thus breaking the previous record held by his party-colleague Madeleine Petrovic (10 hours and 35 minutes on March 11, 1993), after which the standing orders were changed, limiting speaking time to 20 minutes. Parlamentskorrespondenz/09/12.03.2007/Nr. 156 , Die lange Nacht im Hohen Haus However, it did not keep Kogler from giving his speech.
The procedure is not enumerated in the U.S. Constitution; it only became theoretically possible with a change of Senate rules in 1806, and was not used until 1837. Rarely used for much of the Senate's first two centuries, it was strengthened in the 1970s, and especially since the 2010s the majority has preferred to avoid filibusters by moving to other business when a filibuster is threatened and attempts to achieve cloture have failed. As a result, in recent decades this has come to mean that all major legislation (apart from budget reconciliation, which requires a simple 51-vote majority) now requires a 60-vote majority to pass.
Under current Senate rules, any modification or limitation of the filibuster would be a rule change that itself could be filibustered, with two-thirds of those senators present and voting (as opposed to the normal three-fifths of those sworn) needing to vote to break the filibuster. However, under Senate precedents, a simple majority can act (and has acted) to limit the practice by overruling decisions of the chair. The removal or substantial limitation of the filibuster by a simple majority, rather than a rule change, is called the constitutional option by proponents, and the nuclear option by opponents.
On November 21, 2013, the Democratic-controlled Senate voted 52 to 48 to require only a majority vote to end a filibuster of all executive and judicial nominees, excluding Supreme Court nominees, rather than the three-fifths of votes previously required. On April 6, 2017, the Republican-controlled Senate voted 52 to 48 to require only a majority vote to end a filibuster of Supreme Court nominees. A three-fifths (60 vote) supermajority is still required to end filibusters on legislation.
While president, Donald Trump spoke out against the 60-vote requirement for legislation on several occasions. In opposition to Trump, Senate Majority Leader Mitch McConnell committed to not abolish the filibuster for legislation; in April 2017, a broad mix of 61 senators (32 Republicans, 28 Democrats, and one independent) signed a letter stating their support for the 60-vote threshold and their opposition to abolishing the filibuster for legislation.
In 2021, the Senate filibuster's past, particularly its historical usage in blocking civil rights legislation, a practice described by the Associated Press as racist, fuelled arguments for its end. On January 19, 2022, the Democratic-controlled Senate voted to change the filibuster. The vote, however, failed 52–48, due to the defection of Democratic Senators Joe Manchin and Kyrsten Sinema.
On April 1, 2025, Cory Booker gave the longest senate speech in American history, known as Cory Booker's marathon speech, surpassing the previous record of Strom Thurmond's filibuster of the Civil Rights Act of 1957. This speech, however, was not a filibuster, as there was no vote on a bill being blocked.
The record number of amendments occurred in August 2006; the left-wing opposition submitted 137,449 amendments to the proposed law bringing the share in Gaz de France owned by the French state from 80% to 34% in order to allow for the merger between Gaz de France and Suez. Normal parliamentary procedure would have required 10 years to vote on all the amendments.
The French constitution gives the government two options to defeat such a filibuster. The first such option was originally the use of the article 49 paragraph 3 procedure, according to which the law was adopted unless a majority is reached on a no-confidence motion (A reform of July 2008 resulted in this power being restricted to budgetary measures only, plus one time each ordinary session — i.e. from October to June — on any bill. Before this reform, article 49.3 was frequently used, especially when the government lacked a majority in the National Assembly to support the text but still enough to avoid a no-confidence vote). The second option is article 44 paragraph 3, through which the government can force a global vote on all amendments it did not approve or submit itself.
In the end, the government did not have to use either of those procedures. As the parliamentary debate started, the left-wing opposition chose to withdraw all the amendments to allow for the vote to proceed. The 'filibuster' was aborted because the opposition to the privatisation of Gaz de France appeared to lack support amongst the general population. It also appeared that this privatisation law could be used by the left-wing in the presidential election of 2007 as a political argument. Indeed, Nicolas Sarkozy — president of the Union pour un Mouvement Populaire (UMP, the right-wing party), Interior Minister, former Finance Minister and future President — had previously promised that the share owned by the French government in Gaz de France would never go below 70%.
In the Chamber of Deputies of Chile, on November 8, 2021, Jaime Naranjo, deputy from the Socialist Party, spoke for almost 15 hours during the discussion of the impeachment against President Sebastián Piñera, allowing for Broad Front's Gonzalo Winter and Giorgio Jackson (both on a COVID-19 close contact pre-emptive quarantine until that midnight) to arrive in Congress to participate in the session. Christian Democratic Jorge Sabag was in Chillán and had a PCR test taken earlier that day; although initially refusing to attend the session, members of the Christian Democratic Party board convinced him to make the trip to Valparaíso, arriving that night, just after Jackson and Winter. Their votes were essential to impeach Piñera.
Legislators of the Pro-democracy Camp filibustered during a debate about financing the construction of the Guangzhou-Shenzhen-Hong Kong Express Rail Link by raising many questions on very minor issues, delaying the passing of the bill from December 18, 2009, to January 16, 2010. The Legislative Council Building was surrounded by thousands of anti–high-speed rail protesters during the course of the meetings.
In 2012, Albert Chan and Wong Yuk-man of People Power submitted a total of 1306 amendments to the Legislative Council (Amendment) Bill, by which the government attempted to forbid lawmakers from participating in by-elections after their resignation. The bill was a response to the so-called Five Constituencies Referendum, in which 5 lawmakers from the pro-democracy camp resigned and then joined the by-election, claiming that it would affirm the public's support to push forward electoral reform. The pro-democracy camp strongly opposed the bill, saying it was a deprivation of the citizens' political rights. As a result of the filibuster, the LegCo carried on multiple overnight debates on the amendments. In the morning of May 17, 2012, the President of the LegCo, Jasper Tsang, terminated the debate, citing Article 92 of the Rules of Procedure of LegCo: In any matter not provided for in these Rules of Procedure, the practice and procedure to be followed in the Council shall be such as may be decided by the President who may, if he thinks fit, be guided by the practice and procedure of other legislatures. In the end, all motions to amend the bill were defeated and the bill was passed.
To ban filibuster, Ip Kwok-him of the DAB sought to limit each member to move only one motion, by amending the procedures of the Finance Committee and its two subcommittees in 2013. All 27 members from pan-democracy camp submitted 1.9 million amendments. Paper for the Finance Committee Meeting on February 22, 2013: Members' motions that seek to amend the procedures of the Finance Committee and its two subcommittees , Legislative Council of Hong Kong The Secretariat estimated that 408 man-months (each containing 156 working hours) were needed to vet the facts and accuracy of the motions, and — if all amendments were admitted by the chairman — the voting time would take 23,868 two-hour meetings.
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