Politics
Reporter’s Notebook: Trump’s SAVE Act ultimatum runs into Senate reality
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Passage of the SAVE America Act is of paramount importance to President Donald Trump and many congressional Republicans.
In his State of the Union speech, the president implored lawmakers “to approve the SAVE America Act to stop illegal aliens and other unpermitted persons from voting in our sacred American elections.”
The House approved the plan to require proof of citizenship to vote last month, 218-213. There’s now a different version of the legislation that’s in play. And, as is often the case, the hurdle is the Senate. Specifically, the Senate filibuster.
Attendees listen as Rep. Chip Roy, R-Texas, speaks at an “Only Citizens Vote” bus tour rally advocating passage of the SAVE Act at Upper Senate Park outside the U.S. Capitol in Washington, D.C., on Sept. 10, 2025. (Kent Nishimura/Getty Images)
So some Republicans are trying to save the SAVE America Act.
It’s important to note that Trump never called for the Senate to alter the filibuster in his State of the Union address. But in a post last week on Truth Social, Trump declared, “The Republicans MUST DO, with PASSION, and at the expense of everything else, THE SAVE AMERICA ACT.”
Again, the president didn’t wade into questions about overcoming a filibuster. But “MUST DO” and “at the expense of everything else” is a clear directive from the commander in chief.
That’s why there’s a big push by House Republicans and some GOP senators to alter the filibuster — or handle the Senate filibuster differently.
It’s rare for members of one body of Congress to tell the other how to execute their rules and procedures. But the strongest conservative advocates of the SAVE America Act are now condemning Senate Republicans if they don’t do something drastic to change the filibuster to pass the measure.
Some Senate Republicans are pushing for changes, or at the very least, advocating that Senate Republicans insist that Democrats conduct what they refer to as a “talking filibuster” and not hold up the legislation from the sidelines. It takes 60 votes to terminate a filibuster. The Senate does that by “invoking cloture.” The Senate first used the cloture provision to halt a filibuster on March 8, 1917. Prior to that vote, the only method to end a filibuster was exhaustion — meaning that senators finally just run out of gas, quit debating and finally voted.
So let’s explore what a filibuster is and isn’t and dive into what Republicans are talking about when they’re talking about a talking filibuster.
The Senate’s leading feature is unlimited debate. But, ironically, the “debate” which holds up most bills is not debate. It’s simply a group of 60 lawmakers signaling offstage to their leaders that they’ll stymie things. No one has to go to the floor to do anything. Opponents of a bill will require the majority tee up a cloture vote — even if legislation has 60 yeas. Each cloture vote takes three to four days to process. So that inherently slows down the process — and is a de facto filibuster.
But what about talking filibusters? Yes, senators sometimes take the floor and talk for a really long time, hence, the “unlimited debate” provision in the Senate. Senators can generally speak as long as they want, unless there’s a time agreement green-lighted by all 100 members.
That’s why a “filibuster” is hard to define. You won’t find the word “filibuster” in the Senate’s rules. And since senators can just talk as long as they want, they might argue that suggesting they are “filibustering” is pejorative. They’re just exercising their Senate rights to speak on the floor.
A true filibuster is a delay. For instance, the record-breaking 25-hour and 8-minute speech last year by Sen. Cory Booker, D-N.J., against the Trump administration was technically not a filibuster. Booker began his oratory on the evening of March 31, ending on the night of April 1. Once Booker concluded, the Senate voted to confirm Matt Whittaker as NATO ambassador. The Senate was supposed to vote on the Whitaker nomination on April 1 anyway. So all Booker’s speech did was delay that confirmation vote by a few hours. But not much.
In October 2013, Sen. Ted Cruz, R-Texas, held the floor for more than 21 hours. It was part of Cruz’s quest to defund Obamacare. But despite Cruz’s verbosity (and a recitation of Green Eggs and Ham by Dr. Suess), the Senate was already locked in to take a procedural vote around 1 p.m. the next day. Preparations for that vote automatically ended Cruz’s speech. Thus, it truly wasn’t a filibuster either.
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Sen. Ted Cruz, R-Texas, during an oversight hearing in Washington, D.C., on Dec. 17, 2025. (Kent Nishimura/Bloomberg via Getty Images)
So, this brings us to the talking filibuster which actually gums up the Senate gearboxes. A talking filibuster is what most Americans think of when they hear the term “filibuster.” That’s thanks to the iconic scenes with Jimmy Stewart in the Frank Capra classic, “Mr. Smith Goes to Washington.”
Most senators filibuster by forcing the Senate to take two cloture votes — spread out over days — to handle even the simplest of matters. That elongates the process by close to a week. But if advocates of a given bill have the votes to break the filibuster via cloture, the gig is up.
However, what happens if a senator — or a group of senators delay things with long speeches? That can only last for so long. And it could potentially truncate the Senate’s need to take any cloture vote, needing 60 yeas.
Republicans who advocate passage of the SAVE America Act believe they can get around cloture — and thus the need for 60 votes — by making opponents of the legislation talk. And talk. And talk.
And once they’re done talking, the Senate can vote — up or down — on the SAVE Act. Passage requires a simple majority. The Senate never even needs to tangle with 60.
Senate Rule XIX (19) states that “no senator shall speak more than twice upon any one question in debate on the same legislative day.”
Easy enough, right? Two speeches per day. You speak twice on Monday, then you have to wait until Tuesday? Democrats would eventually run out of juice after all 47 senators who caucus with Democrats have their say — twice.
But it’s not that simple. Note the part about two speeches per “question.”
Well, here’s a question. What constitutes a “question” in Senate parlance? A “question” could be the bill itself. It could be an amendment. It could be a motion. And just for the record, the Senate usually cycles through a “first-degree” amendment and then a “second-degree” amendment — to say nothing of the bill itself. So, if you’re scoring at home, that could be six (!) speeches per senator, per day, on any given “question.”
Questions?
But wait. There’s more.
Note that Rule XIX refers to a “legislative day.” A legislative day is not the same as a calendar day. One basic difference is if the Senate “adjourns” each night versus “recessing.” If the Senate “adjourns” its Monday session on calendar day Monday, then a new legislative day begins on Tuesday. However, the legislative day of “Monday” carries over to Tuesday if the Senate “recesses.”
It may be up to Senate Majority Leader John Thune, R-S.D., whether the Senate “adjourns” or “recesses.” The creation of a new legislative day inhibits the GOP talking filibuster effort.
SEN LEE DARES DEMOCRATS TO REVIVE TALKING FILIBUSTER OVER SAVE ACT, SLAMMING CRITICISM AS ‘PARANOID FANTASY’
Senate Majority Leader John Thune, R-S.D., center, arrives for a news conference after a policy luncheon on Capitol Hill, Tuesday, Feb. 3, 2026, in Washington. (Mariam Zuhaib/AP Photo)
Democrats would obviously push for the Senate to adjourn each day. But watch to see if talking filibuster proponents object to Thune’s daily adjournment requests. If the Senate votes to stay in session, that forces the legislative day of Monday to bleed over to Tuesday.
Pro tip: Keep an eye on the adjournment vs. recess scenario. If a talking filibuster supporter tries to prevent the Senate from adjourning, that may signal whether the GOP has a shot at eventually passing the SAVE Act. If that test vote fails and the Senate adjourns for the day, the SAVE Act is likely dead in the water.
We haven’t even talked about a custom practiced by most Senate majority leaders to lock down the contours of a bill when they file cloture to end debate.
It’s typical for the presiding officer to recognize the Senate majority leader first on the floor for debate. So Thune and his predecessors often “fill” what’s called the “amendment tree.” The amendment tree dictates how many amendments are in play at any one time. Think of the underlying bill as a “trunk.” A “branch” is for the first amendment. A “sprig” from that branch is the second amendment. Majority leaders often load up the amendment tree with “fillers” that don’t change the subject of the bill. He then files cloture to break the filibuster.
That tactic curbs the universe of amendments. It blocks the other side from engineering controversial amendments to alter the bill. But if Thune doesn’t file cloture to end debate, then the Senate must consider amendment after amendment, repeatedly filling the tree and voting on those amendments. This would unfold during a talking filibuster, not when Thune is controlling the process by filing cloture and “filling the tree.”
This is why Thune is skeptical of a talking filibuster to pass the SAVE Act.
“This process is more complicated and risky than people are assuming at the moment,” said Thune.
In fact, the biggest “benefit” to filing cloture may not even be overcoming a filibuster, but blocking amendments via management of the tree. Republicans are bracing for amendments Democrats may offer.
“If you don’t think Democrats have a laundry list of amendments, talking about who won the 2020 election, talking about the Epstein files — if you don’t think they have a quiver full of these amendments that they’re ready to get Republican votes on the record, then I’ve got a bridge to sell you,” said George Washington University political science professor Casey Burgat.
Plus, forcing a talking filibuster for days precludes the Senate from passing a DHS funding bill. That’s to say nothing of confirming Sen. Markwayne Mullin, R-Okla., as Homeland Security secretary. His confirmation hearing likely comes next Wednesday, but a protracted Senate debate would block a confirmation vote from the floor.
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Sen. Markwayne Mullin, Republican from Oklahoma, addresses reporters at the U.S. Capitol after being tapped as President Donald Trump’s new nominee to lead DHS, March 5, 2026. (Anna Moneymaker/Getty Images)
Thune all but killed the talking filibuster maneuver on Tuesday — despite the president’s ultimatum.
“Do you run a risk of being on the wrong side of President Trump and your resistance to do this talking filibuster, tying the Senate in knots for weeks?” asked yours truly.
“We don’t have the votes either to proceed, get on a talking filibuster, nor to sustain one if we got on it,” replied Thune. “I understand the president’s got a passion to see this issue addressed.”
I followed up.
“Does he understand that, though?”
“Well, we’ve conveyed that to him,” answered Thune. “It’s about the math. And, for better or worse, I’m the one who has to be a clear-eyed realist about what we can achieve here.”
And there just doesn’t appear to be any parliamentary way to get there with the talking filibuster.
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Like many things in Congress, it all boils down to one thing.
As Thune said, “it’s about the math.”
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The Trump administration is set to unveil a sweeping overhaul of federal appliance efficiency rules that officials say will end “Green New Scam” appliance mandates, restore consumer choice, and block future federal crackdowns on gas stoves, fluorescent lightbulbs, HVAC systems, and other household appliances.
“In America, you should be able to choose between a drying machine that takes multiple cycles to dry your clothes and one that does it on the first try — unfortunately, past administrations thought otherwise,” Department of Energy Secretary Chris Wright told Fox News Digital.
The Department of Energy is expected to propose a sweeping rewrite of federal appliance regulations that would change how energy-efficiency standards are written, creating what the Trump administration says is a permanent safeguard against future efforts to regulate household appliances. The proposal was viewed by Fox News Digital.
TRUMP ADMIN AXES TIES TO DOZENS OF PROGRESSIVE GROUPS IN ‘DIRECT OPPOSITION’ TO MISSION: ‘DECISIVE ACTION’
The Trump administration plans a sweeping overhaul of federal appliance efficiency rules. (Adobe Stock)
“For too long, the American people paid the price for mandates that restricted consumer choice and drove up costs. President Trump promised to end this nonsense and that is exactly what we are doing. This proposed rule will preserve the American people’s ability to choose home appliances and equipment that actually work — at prices they can afford. It’s called commonsense.”
Officials said previous Obama and Biden administrations interpreted Energy Policy and Conservation Act (EPCA) standards as requiring increasingly stringent efficiency standards that made some appliances more expensive or less functional.
Biden-era changes in 2021 and 2024 that loosened the Trump administration’s 2020 rules by making the procedures non-binding and removing several provisions, including a significant energy savings threshold and other procedural requirements.
FAMOUS LANDMARKS SLASH VISITING HOURS AS DEADLY HEAT WAVE THREATENS TOURISTS
Energy Secretary Chris Wright says past mandates drove up consumer costs. (Jakub Porzycki/NurPhoto via Getty Images)
The proposal is open for public comment for 30 days before being made an official rule. It comes as the U.S. and Europe face a major heat wave.
Paris Deputy Mayor Audrey Pulvar recently released a statement blaming the United States for the deadly heat wave over France by saying the issue is climate change – not the lack of air conditioning in Europe.
“Dear American journalists and social media ‘influencers’: for days, some of you have been criticizing and making fun of Paris because the city does not have A/C in every room. OMG, this is so rich!” she wrote on Instagram.
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People cool off in the Trocadero Fountain next to the Eiffel Tower in Paris as temperatures rise during a heatwave affecting a large part of France. (Abdul Saboor/Reuters)
Due to regulations, only 20% of households have air conditioning compared to 88% in the U.S., according to the U.S. Energy Information Administration.
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She added, “As the second-largest emitter of greenhouse gas emissions in the world, you bear a significant amount of responsibility for global warming and the consequences we, in France, are experiencing. Your cities ‘90% air-conditioned’ are not unrelated to this. In Paris, we take responsibility.”
Fox News Digital’s Lindsay Kornick contributed to this report.
WASHINGTON — As America’s 250th birthday arrives this weekend, President Trump’s mark is clearly visible on Washington.
Visitors to the nation’s capital are being met with cranes hanging over the White House and construction at the site of the demolished East Wing. Fences crisscrossing the National Mall to hem in the Great American State Fair have blocked the famed sightline from the U.S. Capitol to the Washington Monument to the Lincoln Memorial.
Some fountains newly sparkle as a result of Trump’s renovations. National Guardsmen patrol the sidewalks. The partisan flavor of the Trump-aligned Freedom 250 organization’s events is on display, and the fireworks show Saturday will feature a rally-style speech from Trump, with fireworks reportedly pushed back to 11 p.m.
President Trump examines the maintenance work Wednesday on the exterior of the White House.
(Alex Wong / Getty Images)
The memorial’s Reflecting Pool, where fireworks will be set off Saturday, was barricaded from the public earlier than usual after onlookers flocked last week to see the algae and peeling paint that followed Trump’s renovation, and Trump accused vandals of tampering with it.
“You don’t have a sense of ‘land of the free’ here,” said Melissa McFarlane, 61, standing along the fencing on the Mall. She said she was born in Silver Spring, Md., and she grew up watching July 4 fireworks on the Mall with her parents.
She recalled the nation’s 200th anniversary celebrations as “open and inviting” but said this year’s “heavy-duty fencing” and the presence of National Guardsmen made it feel different.
“It’s majorly disorganized, which is weird for our country,” McFarlane added.
A sign outside Lafayette Park near the White House.
(Julia Demaree Nikhinson / Associated Press)
Trump has fixated on making changes to the nation’s capital in his second term, declaring in an early executive order that his administration would make the district “safe and beautiful.” Some of the renovations have been successful; fountains are running anew, including the long-dormant cascading water feature at the city’s popular Meridian Hill Park.
Interior Secretary Doug Burgum said Sunday on “Fox & Friends” that more than 50 parks and circles have been restored and 22 fountains, along with repairs to lights on the National Mall.
“President Trump should be thanked for all he is doing to leave things better than he found them for the good of our great nation,” an Interior Department spokesperson said in a statement. “D.C. residents and visitors are experiencing working fountains, clean parks and safe streets across the district for the first time in decades, all thanks to President Donald J. Trump.”
But Trump’s growing slate of projects has drawn legal challenges from preservationist groups and raised questions about the cost to taxpayers. The $14.7-million repainting of the Reflecting Pool became particularly controversial last month after algae overtook the renovated pool and the new paint appeared to peel off.
On Sunday, the president took a tour of some of his construction sites, walking through Lafayette Park with Burgum before traveling to the East Potomac golf club he plans to renovate, which sits on federal land. Trump walked part of the property and inspected blueprints in view of reporters; he was then driven by the site where he wants to erect a marble arch.
Over the weekend, he posted on Truth Social about his improvements to the city in a post about D.C. mayoral candidate Janeese Lewis George, casting it as a “Safe and Prestigious Community” that is now at risk of being “destroyed” by Lewis George.
“I have worked too hard to make Washington, D.C., the Envy of the World, with almost No Crime, and a Beautification process that has been second to none,” Trump wrote.
Construction crews build scaffolding outside the Kennedy Center on June 13 before removing President Trump’s name from the venue’s exterior.
(Tasos Katopodis / Getty Images)
Involvement by presidents in the city’s plan goes back to George Washington, said Matthew J. Bell, an architecture professor at the University of Maryland. That is not unusual, nor is it strange for cities, including Washington, to change over time, he said.
“It’s probably more a matter of timing in terms of inconvenience for people coming for the Fourth,” Bell said of the ongoing construction. “If there had been a more coordinated plan for some of these things … it probably could’ve been managed better.”
At the National Mall, the fencing design for the state fair drew head shakes and confusion from some tourists. Visitors are corralled into a walkway by the Freedom 250-branded fencing on one side and low metal barriers on the other.
It’s normal for fencing to be used to control foot traffic for events on the mall, said Charles A. Birnbaum, chief executive of the Cultural Landscape Foundation, but he perceived the problem as slapdash placement, including of the Ferris wheel, which was put on the mall’s axis.
“Things are being plopped down,” said Birnbaum, whose organization sued the administration over the repainting of the Reflecting Pool. “It speaks to what Trump is doing at the ballroom, what he’s proposed [with] the arch — he’s just plopping these things down in major view sheds that have major historical and cultural significance.”
People walk past the Ferris wheel at the Great American State Fair on the National Mall.
(Jen Golbeck / Associated Press)
The fountains in Lafayette Park are running again near the White House on June 23.
(Andrew Harnik / Getty Images)
The state fair itself has drawn relatively few crowds, though some attendees have been enthusiastic.
On Monday, McFarlane and two friends were outside the fencing, leaning against the metal barriers in front of the Department of Agriculture, which faces the National Mall.
“It’s a little too secure,” said one of them, John, 60, who was visiting from Burbank and declined to give his last name.
He gestured over the barrier to a manicured plot with shady benches. “Here’s the People’s Garden,” he said, reading its sign, “and we can’t go in.”
A construction crane works on the White House ballroom on Monday.
(Julia Demaree Nikhinson / Associated Press)
Visitors take photos Tuesday of a model of President Trump’s proposed marble arch at the Great American State Fair on the National Mall.
(Mark Schiefelbein / Associated Press)
Early-morning joggers observer the refilling of the Lincoln Memorial Reflecting Pool on June 5.
(John McDonnell / Associated Press)
The anniversary celebrations also come on the heels of the reflecting pool controversy. Last week, after chunks of paint were spotted in the water, Trump blamed vandals for tampering with the pool and said people had been arrested at the site. Two dead ducks were found in a pond about 250 feet away from the pool.
The area last week was surrounded by surveillance cameras and patrolled by National Guardsmen as lifelong resident John Cates strolled the area.
“It’s kind of creepy,” Cates said about the security cameras mounted around the pool. “It is unnecessary that we have to have this pond deemed a high security risk. That is weird.”
The area was fenced off at the end of last week. Fencing normally occurs in preparation for the July 4 fireworks show, but it went up “a couple days early to protect the pool,” Burgum said in the Fox News interview. He said seven people had been arrested in connection with the pool.
Tom Ayers, 34, was disappointed to find the fences already up on Monday. He traveled with his father from Wisconsin for the 250th, but they were finding it difficult to get around the Mall and they were upset to see the East Wing gone.
When they reached Lafayette Park, where the fencing had yet to be removed, they were again disappointed by the obscured view of the White House. Ayers’ father recalled a different scene in 1976, when he visited as a child for the nation’s bicentennial.
“I was kind of hoping for a summer similar to that,” Ayers said, “but overall, it seems nowhere close.”
Times staff writer Ana Ceballos in Washington contributed to this report.
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A coalition of blue states and jurisdictions is suing the Trump administration over new Medicaid work requirements designed to prevent fraud, arguing the policy unlawfully restricts access to health care coverage.
The lawsuit, filed by at least 25 states and the District of Columbia, alleges the newly implemented Interim Final Rule (IFR) — issued by the Centers for Medicare & Medicaid Services (CMS) — violates federal law and departs from Congress’ original intent and early CMS guidance.
The IFR requires certain individuals to provide documentation proving they are exempt from Medicaid rules requiring enrollees to work, volunteer or attend school due to severe medical conditions.
Before the rule was issued in early June, highly vulnerable Medicaid recipients were set to be automatically exempt from such requirements. Agencies would have granted those exemptions by reviewing existing health records, without requiring individuals to complete additional paperwork ahead of the requirements taking effect in January 2027.
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Dr. Mehmet Oz, administrator of the Centers for Medicare & Medicaid Services, discussed a number of healthcare topics during a news conference with reporters on Tuesday, June 2, 2026. (Aaron Schwartz/CNP/Bloomberg via Getty Images)
The lawsuit names Dr. Mehmet Oz, administrator of the Centers for Medicare & Medicaid Services (CMS), which issued the IFR, and Robert F. Kennedy Jr., secretary of Health and Human Services (HHS), as defendants.
Oz previously argued that such guardrails are designed to prevent programs from being “defrauded into a turmoil,” adding that able-bodied enrollees receiving American tax dollars should contribute to society.
“If you can work, you should get up and work,” Oz said.
“If we put guardrails around these programs, we’ll allow them to thrive. I’m here because I love Medicaid. The president has already said he loves and cherishes Medicaid and Medicare. … We cannot allow these programs to be defrauded into a turmoil that they cannot pull up from. If we love these programs, we will make the difficult decisions.”
The new rule would require able-bodied individuals to work 20 hours a week, volunteer, or pursue education while enrolled in free healthcare coverage.
Fox News reached out to the White House and HHS for comment.
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Health and Human Services Secretary Robert F. Kennedy Jr. speaks during an interview. ((Photo by Jason Mendez/Getty Images))
The plaintiffs involve California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Arizona, Colorado, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Pennsylvania, Virginia, Wisconsin and Kentucky.
“People with disabilities, patients in the middle of cancer treatment, or those struggling with another serious or complex health condition, shouldn’t be at risk of losing the care that helps maintain their health,” the suit stated.
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According to the suit, CMS’s own projections estimate that 2.3 million enrollees will lose Medicaid coverage in the first year alone.
The agency also estimates that 7% of enrollees who are working or qualify for an exemption will lose coverage due to confusing paperwork requirements, strict deadlines or missing documentation, according to the document.
Beginning in 2028, enrollees who do not have immediate medical records on file would be limited to a single opportunity to submit a “self-attestation” form declaring, under penalty of perjury, that they are too sick to work.
Under previous guidance, enrollees were allowed to use self-attestation multiple times as their medical needs evolved.
An examination bed sits inside a medical clinic. (AP Photo/Matt York)
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In addition, plaintiffs said the new rules would force states to abandon automated systems they have already invested in and instead build more complex and costly manual review processes.
As the Aug. 31 deadline to mail notices to Medicaid enrollees approaches, the plaintiffs are seeking a temporary stay and a preliminary injunction to block CMS and HHS from enforcing the rules.
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