Politics
Commentary: The U.S. Senate is a mess. He wants to fix it, from the inside
To say the U.S. Senate has grown dysfunctional is like suggesting water is wet or the nighttime sky is dark.
The institution that fancies itself “the world’s greatest deliberative body” is supposed to serve as a cooling saucer that tempers the more hotheaded House, applying weight and wisdom as it addresses the Great Issues of Our Time. Instead, it’s devolved into an unsightly mess of gridlock and partisan hackery.
Part of that is owing to the filibuster, one of the Senate’s most distinctive features, which over roughly the last decade has been abused and misused to a point it’s become, in the words of congressional scholar Norman J. Ornstein, a singular “weapon of mass obstruction.”
Democrat Jeff Merkley, the junior U.S. senator from Oregon, has spent years on a mostly one-man crusade aimed at reforming the filibuster and restoring a bit of sunlight and self-discipline to the chamber.
In 2022, Merkley and his allies came within two votes of modifying the filibuster for voting rights legislation. He continues scouring for support for a broader overhaul.
“This is essential for people to see what their representatives are debating and then have the opportunity to weigh in,” said Merkley, speaking from the Capitol after a vote on the Senate floor.
“Without the public being able to see the obstruction,” he said, “they [can’t] really respond to it.”
What follows is a discussion of congressional process, but before your eyes glaze over, you should understand that process is what determines the way many things are accomplished — or not — in Washington, D.C.
The filibuster, which has changed over time, involves how long senators are allowed to speak on the Senate floor. Unlike the House, which has rules limiting debate, the Senate has no restrictions, unless a vote is taken to specifically end discussion and bring a matter to resolution. More on that in a moment.
In the broadest sense, the filibuster is a way to protect the interests of a minority of senators, as well as their constituents, by allowing a small but determined number of lawmakers — or even a lone member — to prevent a vote by commanding the floor and talking nonstop.
Perhaps the most famous, and certainly the most romanticized, version of a filibuster took place in the film “Mr. Smith Goes to Washington.” The fictitious Sen. Jefferson Smith, played by James Stewart, talks to the point of exhausted collapse as a way of garnering national notice and exposing political corruption.
The filibustering James Stewart received an Oscar nomination for lead actor for his portrayal of Sen. Jefferson Smith in the 1939 classic “Mr. Smith Goes to Washington.”
(From the Academy of Motion Picture Arts and Sciences)
In the Frank Capra classic, the good guy wins. (It’s Hollywood, after all.) In real life, the filibuster has often been used for less noble purpose, most notably the decades-long thwarting of civil rights legislation.
A filibuster used to be a rare thing, its power holstered for all but the most important issues. But in recent years that’s changed, drastically. The filibuster — or, rather, the threat of a filibuster — has become almost routine.
In part, that’s because of how easy it’s become to gum up the Senate.
Members no longer need to hold the floor and talk nonstop, testing not just the power of their argument but their physical mettle and bladder control. These days it’s enough for a lawmaker to simply state their intention to filibuster. Typically, legislation is then laid aside as the Senate moves on to other business.
That pain-free approach has changed the very nature of the filibuster, Ornstein said, and transformed how the Senate operates, much to its detriment.
The burden is “supposed to be on the minority to really put itself … on the line to generate a larger debate” — a la the fictive Jefferson Smith — “and hope during the course of it that they can turn opinions around,” said Ornstein, an emeritus scholar at the American Enterprise Institute. “What’s happened is the burden has shifted to the majority [to break a filibuster], which is a bastardization of what the filibuster is supposed to be about.”
It takes 60 votes to end a filibuster, by invoking cloture, to use Senate terminology. That means the passage of legislation now effectively requires a supermajority of the 100-member Senate. (There are workarounds, which, for instance, allowed President Trump’s massive tax-and-spending bill to pass on a 51-50 vote, with Vice President JD Vance casting the tie-breaker.)
The filibuster gives outsized power to the minority.
To offer but two examples, there is strong public support for universal background checks for gun buyers and greater transparency in campaign finance. Both issues have majority backing in the Senate. No matter. Legislation to achieve each has repeatedly been filibustered to death.
That’s where Merkley would step in.
He would not eliminate the filibuster, a prerogative jealously guarded by members of both parties. (In a rare show of independence, Republican senators rejected President Trump’s call to scrap the filibuster to end the recent government shutdown.)
Rather, Merkley would eliminate what’s come to be called “the silent filibuster” and force lawmakers to actually take the floor and publicly press their case until they prevail, give up or physically give out. “My reform is based on the premise that the minority should have a voice,” he said, “but not a veto.”
Forcing senators to stand and deliver would make it more difficult to filibuster, ending its promiscuous overuse, Merkley suggested, and — ideally— engaging the public in a way privately messaging fellow senators — I dissent! — does not.
“Because it’s so visible publicly,” Merkley said, “the American citizens get to weigh in, and there’s consequences. They may frame you as a hero for your obstruction, or a bum, and that has a reflection in the next election.”
The power to repair itself rests entirely within the Senate, where lawmakers set their own rules and can change them as they see fit. (Nice work, if you can get it.)
The filibuster has been tweaked before. In 1917, senators adopted the rule allowing cloture if a two-thirds majority voted to end debate. In 1975, the Senate reduced that number to three-fifths of the Senate, or 60 members.
More recently, Democrats changed the rules to prevent filibustering most presidential nominations. Republicans extended that to include Supreme Court nominees.
Reforming the filibuster is hardly a cure-all. The Senate has debased itself by ceding much of its authority and becoming little more than an arm of the Trump White House. Fixing that requires more than a procedural revamp.
But forcing lawmakers to stand their ground, argue their case and seek to rally voters instead of lifting a pinkie and grinding the Senate to a halt? That’s something worth talking about.
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Secretary of State Marco Rubio announced Saturday that the Trump administration is sanctioning a senior Nicaraguan official over alleged human rights violations.
Rubio said the U.S. is designating Vice Minister of the Interior Luis Roberto Cañas Novoa for his role in “gross violations of human rights” under the government of President Daniel Ortega and Vice President Rosario Murillo, marking what he said was the latest effort to hold the regime accountable.
“The Trump administration continues to hold the Murillo-Ortega dictatorship accountable for brutal human rights violations against Nicaraguans,” Rubio said in a post on X. “I’m designating Nicaraguan Vice Minister of the Interior Luis Roberto Cañas Novoa for his role in human rights violations.”
RUBIO TESTIFIES IN TRIAL OF EX-FLORIDA CONGRESSMAN ALLEGEDLY HIRED BY MADURO GOVERNMENT TO LOBBY FOR VENEZUELA
Secretary of State Marco Rubio speaks at the State Department, April 14, 2026. The U.S. announced sanctions on a Nicaraguan official tied to alleged human rights abuses under the Ortega-Murillo government. (Andrew Harnik/Getty Images)
The designation was made under Section 7031(c), which allows the State Department to bar foreign officials and their immediate family members from entering the United States due to involvement in significant corruption or human rights abuses.
The State Department has said the Ortega-Murillo government has engaged in arbitrary arrests, torture and extrajudicial killings following mass protests that began in April 2018.
“Nearly eight years ago, the Rosario Murillo and Daniel Ortega dictatorship unleashed a brutal wave of repression against Nicaraguans who courageously stood against the regime’s increased tyranny, corruption, and abuse,” the statement reads.
The State Department said that the sanction marked the anniversary of the 2018 protests, after which more than 325 protesters were murdered in the aftermath.
A panel of U.N.-backed human rights experts previously accused Nicaragua’s government of systematic abuses “tantamount to crimes against humanity,” following an investigation into the country’s crackdown on political dissent, according to The Associated Press.
The experts said the repression intensified after mass protests in 2018 and has since expanded across large parts of society, targeting perceived opponents of the government.
TRUMP ADMIN ANNOUNCES EXPANSION OF VISA RESTRICTION POLICY IN WESTERN HEMISPHERE
Nicaragua President Daniel Ortega delivers a speech during a ceremony to mark the 199th Independence Day anniversary, in Managua, Nicaragua Sept. 15, 2020. (Nicaragua’s Presidency/Cesar Perez/Handout via Reuters)
Nicaragua’s government has rejected those findings.
The designation follows a series of recent U.S. actions targeting the Ortega-Murillo government. In February, the State Department sanctioned five senior Nicaraguan officials tied to repression, citing arbitrary detention, torture, killings and the targeting of clergy, media and civil society.
Earlier this week, the department also announced sanctions on individuals and companies linked to Nicaragua’s gold sector, including two of Ortega and Murillo’s sons, accusing the regime of using the industry to generate foreign currency, launder assets and consolidate power within the ruling family.
The State Department said the move is part of ongoing efforts to hold the Nicaraguan government accountable for its actions.
Fox News Digital reached out to the Nicaraguan government and its embassy in Washington for comment but did not immediately receive a response.
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A man waves a Nicaraguan flag during a demonstration to commemorate Nicaragua’s national Day of Peace, which is celebrated in the country on April 19, and to protest against the government of Nicaraguan President Daniel Ortega in San Jose, Costa Rica on April 16, 2023. (Jose Cordero/AFP)
The Trump administration has taken an increasingly aggressive posture in the Western Hemisphere in recent months, including a Jan. 3, 2026, operation that resulted in the capture of Venezuelan leader Nicolás Maduro and his wife, Cilia Flores.
The U.S. has also carried out a series of strikes targeting suspected drug-trafficking vessels in the region, part of a broader crackdown tied to regional security and narcotics enforcement efforts.
WASHINGTON — Upbeat claims from President Trump over an imminent peace deal to end the war with Iran were met with deep skepticism Friday across the Middle East, where Iranian and Israeli officials questioned the prospects for a lasting agreement that would satisfy all parties.
The outlines of an agreement began to emerge that would provide Iran with a major strategic victory — and a potential financial windfall — allowing the Islamic Republic to leverage its control over the Strait of Hormuz to exact significant concessions from the United States and its ally Israel as Trump presses for a swift end to the conflict.
In a series of social media posts and interviews with reporters, Trump announced that the strait was “fully open,” vowing Tehran would never again attempt to control it. But Iranian officials and state media said that conditions remained on passage through the waterway, including the imposition of tolls and coordination with the Islamic Revolutionary Guard Corps.
Iranian diplomats posted threats that its closure could resume at any time of their choosing, and warned that restrictions would return unless the United States agreed to lift a blockade of its ports. Trump had said Friday that the blockade would remain in place.
“The conditional and limited reopening of a portion of the Strait of Hormuz is solely an Iranian initiative, one that creates responsibility and serves to test the firm commitments of the opposing side,” said a top aide to Iran’s president, dismissing Trump’s statements on the contours of a deal as “baseless.”
“If they renege on their promises,” he added, “they will face dire consequences.”
In an overture to Iran, Trump said Israel would be “prohibited” from conducting additional military strikes in Lebanon, where the Israeli government of Prime Minister Benjamin Netanyahu seeks to prevent Hezbollah, an Iranian proxy militia, from rearming, a potential threat to communities in the Israeli north.
But in a speech delivered in Hebrew, Netanyahu would say only that Israel had agreed to a temporary ceasefire, while members of his Cabinet warned that Israel Defense Forces operations in southern Lebanon were not yet finished. A top ally of the prime minister at a right-wing Israeli news outlet warned that Trump was “surrendering” to Iran in the talks.
It was a day of public messaging from a president eager to end a war that has proved historically unpopular with the American public, and has driven a rise in gas prices that could weigh on his party entering this year’s midterm elections.
Yet, Republican allies of the president have begun warning him that an agreement skewed heavily in Tehran’s favor could carry political costs of its own.
Trump was forced to deny an Axios report Friday that his negotiating team had offered to release $20 billion in frozen Iranian assets in exchange for Tehran agreeing to hand over its fissile material, buried under rubble from a U.S. bombing raid last year.
That sum would amount to more than 10 times what President Obama released to Iran under a 2015 nuclear deal, called the Joint Comprehensive Plan of Action, that was the subject of fierce Republican criticism in the decade since.
“I have every confidence that President Trump will not allow Iran to be enriched by tens of billions of dollars for holding the world hostage and creating mayhem in the region,” said Sen. Lindsey Graham (R-S.C.), a strong supporter of the war. “No JCPOAs on President Trump’s watch.”
Still, Trump said in a round of interviews that a deal could be reached in a matter of days, ending less than two weeks of negotiations.
He claimed that Tehran had agreed to permanently end its enrichment of uranium — a development that, if true, would mark a dramatic reversal for the Islamic Republic from decades developing its nuclear program, and from just 10 days ago, when Iranian diplomats rejected a U.S. proposal of a 20-year pause on domestic enrichment in favor of a five-year moratorium.
He said Iran had agreed never to build nuclear weapons — a pledge Tehran has made repeatedly, including under the Nuclear Nonproliferation Treaty, in a religious decree from then-Supreme Leader Ayatollah Ali Khamenei, and in the 2015 agreement — while continuing nuclear activities viewed by the international community as exceeding civilian needs.
And he repeatedly stated that Iran had agreed to the removal of its enriched uranium from the country, either to the United States or to a third party. Iranian state media stated Friday afternoon that a proposal to remove the country’s highly enriched uranium had been “rejected.”
Iran’s agreement to allow safe passage for commercial vessels through the Strait of Hormuz is linked to a ceasefire in Lebanon that the Israeli Cabinet approved for only a 10-day period. Regardless of whether it holds or is extended, Israeli officials said their military would not retreat from its current positions in southern Lebanon — opening up Israeli forces to potential attack by Hezbollah militants unbound by a truce brokered by the Lebanese government.
The Lebanese people, Hezbollah officials said, have “the right to resist” Israeli occupation of their land. Whether the fighting resumes, the group added, “will be determined based on how developments unfold.”
An Iranian official threw cold water on the prospects of reaching a comprehensive peace deal in the coming days, telling Reuters that a temporary extension of the current ceasefire, set to expire Tuesday, would “create space for more talks on lifting sanctions on Iran and securing compensation for war damages.”
“In exchange, Iran will provide assurances to the international community about the peaceful nature of its nuclear program,” the official said, adding that “any other narrative about the ongoing talks is a misrepresentation of the situation.”
Trump told reporters Friday that the talks will continue through the weekend.
While Trump claimed there aren’t “too many significant differences” remaining, he said the United States would continue the blockade until negotiations are finalized and formalized.
“When the agreement is signed, the blockade ends,” the president told reporters in Phoenix.
Times staff writer Ana Ceballos contributed to this report.
CHAMBERS OF
JUSTICE ELENA KAGAN
Supreme Court of the United States Washington, D. C. 20343
February 7, 2016
Memorandum to the Conference
Re: 15A773 West Virginia, et al. v. EPA, et al.
15A776 Basin Elec. Power Cooperative, et al. v. EPA, et al. 15A787 Chamber of Commerce, et al. v. EPA, et al.
15A778 Murray Energy Corp., et al. v. EPA, et al.
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15A793 North Dakota v. EPA, et al.
I agree with Steve that we should direct the States to seek an extension from the EPA before asking this Court to intervene. We could also include, at the end of such an order, language along the lines of the following, to encourage the D. C. Circuit to act expeditiously in its resolution of this matter: “In light of that court’s agreement to consider this case on an expedited schedule, we are confident that it will [or even: we urge it to] render a decision with appropriate dispatch.” See Doe v. Gonzales, 546 U. S. 1301, 1308 (2005) (GINSBURG, J., in chambers); Kemp v. Smith, 463 U. S. 1344, 1345 (1983) (Powell, J., in chambers); Holtzman v. Schlesinger, 414 U. S. 1304, 1305, n. 2 (1973) (Marshall, J., in chambers).
The unique nature of the relief sought in these applications gives me real pause. The applicants ask us to enjoin a regulation pending initial review in the court of appeals. As we often say, “we are a court of review, not of first view.” See Cutter v. Wilkinson, 544 U. S. 709, 718 n. 7 (2005); cf. Doe, 546 U. S., at 1308 (“Re- spect for the assessment of the Court of Appeals is especially warranted when that court is proceeding to adjudication on the merits with due expedition.”). As far as I can tell, it would be unprecedented for us to second-guess the D. C. Circuit’s deci sion that a stay is not warranted, without the benefit of full briefing or a prior judi- cial decision.
On the merits, this is a difficult case involving a complex statutory and regu- latory regime. Although the parties’ abbreviated discussion of the issues at stake here makes it difficult for me to determine with any confidence which side is likely to ultimately prevail, it seems to me that at this stage the government has the bet- ter of the arguments. The Chief’s memo focuses on the applicants’ argument that the “best system of emission reduction” refers “solely [to] installation of control technologies (e.g., scrubbers).” 2/5 Memo, at 2. The ordinary meaning of “system” is in fact quite broad, appearing to encompass what EPA has done here. Of course, we would want to consider this term in the larger context of the Clean Air Act’s regula-
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