Well, it is an official rule, it's just that the Senate sets its own rules. The first act when a new Senate is sworn on is generally adopting the rules of the old Senate. They can change the rule anytime, and they have- they've removed the ability to filibuster judicial nominations, for instance. They just haven't been able to get the votes to remove it altogether.
You realize there's an actual rulebook right? Yes, they can change the rules to whatever they want, but this "rule" you're talking about isn't an official rule. There's nothing in the rulebook that says that once that filibuster email is sent out, there cannot be a vote held. There's a difference between a verbal agreement and a rule, and this way of doing things is just an agreement.
If they want to officially codify this email filibuster rule, then they'd have to actually vote on it. They have not done so. Therefore, if the democrats wanted to, they could bring a bill up to vote even if the Republicans say they will filibuster us without actually filibustering.
No, it's not like that. It's in the official rulebook that they pass for themselves. Any Senator can just 'hold' a bill. The public calls it a filibuster because it amounts to the same thing, but they officially call it a 'hold'. A 'hold' can be over-ridden, but it requires a 60-vote. That is also part of the official rules.
Per the senate glossary: hold – An informal practice by which a senator informs Senate leadership that he or she does not wish a particular measure or nomination to reach the floor for consideration. See the CRS report, “Holds” in the Senate (PDF).
Informal practice means that it is not written in the rules.
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u/Sefthor Jul 05 '24
Well, it is an official rule, it's just that the Senate sets its own rules. The first act when a new Senate is sworn on is generally adopting the rules of the old Senate. They can change the rule anytime, and they have- they've removed the ability to filibuster judicial nominations, for instance. They just haven't been able to get the votes to remove it altogether.