Cloture, also called closure, shuts off debate in a legislative body. A legislature may vote to effect cloture. Free and open debate is necessary in a democracy in order to reach sound decisions and protect minority groups. But if debate is unlimited, a minority in a legislature may prevent any action simply by continuing to debate. This activity is known as filibustering.
In 1917, the United States Senate adopted a rule that provided for cloture upon the vote of two-thirds of the senators present. The Senate amended the rule in 1975 to require a vote of at least 60 senators, three-fifths of its members, to achieve cloture on most issues. On proposed changes in Senate rules, however, cloture requires a vote of two-thirds of the senators who are present.
In 2013, the Senate invoked the so-called “nuclear option.” The Senate overturned the rule requiring a 60-vote majority for the approval of judicial and executive branch nominees. Under the rule change, the Senate can limit debate on a nominee with a simple majority of 51 votes for approval. The fundamental rule change followed unprecedented use of the filibuster by Republicans during the administration of Democratic President Barack Obama. The rule did not apply to U.S. Supreme Court nominees or to legislation. In 2017, the Republican-controlled Senate similarly invoked the nuclear option to break the Democrats’ filibuster of a conservative Supreme Court nominee. The rule change allows for approval of nominations to the Supreme Court by a simple-majority vote.
