Filibuster Question

[Reader Rabbit]

I asked this question in one of the threads about Kerry deciding that he will filibuster, but I was worried that it might get buried by all the other stuff. So here's my question. Hopefully, someone knowledgeable about the procedure can answer this:

Are the 41 votes mandatory if a number of senators abstain? For example, what if all those who are voting "no" but are uncomfortable with a filibuster simply abstained from a vote for cloture? There are fewer than 60 Republicans—would that be considered enough votes to force cloture if the Dems not willing to support a filibuster could be persuaded not to actively oppose it?

Is the 2/3 thing necessary for the entire Senate, or only for those voting on an issue?

Does this make any sense at all?

[Walt Starr]

1. The requirement is 3/5 of the Senate vote in favor of cloture

Rule XXII

<snip>

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.

<snip>

60 YES votes invokes cloture, so abstaining is the samme as voting no.

[Beetwasher]

2. Right! Which Means We Should Pressure Senators To Abstain

if they have misgivings about it. Even the Dem Senators who are voting yes can still support the party by at least abstaining on the cloture vote.

[sandnsea]

3. There wouldn't be 60 yes votes though

There would only be 55 or so. Correct? Why wouldn't abstaining work?

[Reader Rabbit]

4. Thanks! Hmmmm...

Do you think the spineless ones could be persuaded to abstain based on the argument that they wouldn't technically be supporting a filibuster? When you think about it, it's pretty much the same thing as voting against the nominee, but not filibustering.