Legal Definitions - cloture

Cloture is a parliamentary procedure used in a legislative body, such as the U.S. Senate or House of Representatives, to bring an end to extended debate on a proposed measure and force it to a vote. It is primarily employed to overcome tactics designed to delay or prevent a vote, such as a filibuster. By invoking cloture, a specified number of legislators can agree to cut off further discussion and move directly to a final decision on the matter at hand.

Here are some examples to illustrate how cloture works:

• Example 1: Ending a Filibuster on a Major Bill

  Imagine the U.S. Senate is debating a comprehensive healthcare reform bill. A minority of senators strongly oppose the bill and decide to launch a filibuster, using lengthy speeches and procedural maneuvers to prevent the bill from coming to a final vote. Frustrated by the delay and needing to pass the legislation, the Senate Majority Leader, with the support of 60 senators, files a motion for cloture. If the motion passes, it effectively ends the extended debate, limits further discussion, and forces the Senate to proceed to a vote on the healthcare reform bill.

  This example illustrates cloture as the primary tool to overcome a filibuster, allowing a legislative body to move past prolonged debate and make a decision on a significant piece of legislation.

• Example 2: Confirming a Presidential Nomination

  Consider a situation where the President has nominated a new ambassador to a critical foreign country. A group of senators from the opposing party believes the nominee is unqualified and uses every available procedural tactic to delay the confirmation process, hoping to run out the clock or force the President to withdraw the nomination. To ensure the nominee receives an up-or-down vote, the Senate leadership gathers the necessary 60 votes to invoke cloture. Once cloture is successfully invoked, the debate on the ambassadorial nomination is cut short, and the Senate is compelled to hold a final vote on whether to confirm the individual.

  This example demonstrates that cloture isn't just for bills; it can also be used to expedite the confirmation of presidential nominees when faced with intentional delays, ensuring that the legislative process can move forward.

• Example 3: Managing Debate in the House of Representatives

  In the U.S. House of Representatives, a bill proposing significant changes to federal education funding has been under debate for several days. While the House rules differ from the Senate's regarding filibusters, some members are continually offering amendments and engaging in extensive discussions, significantly slowing down the legislative process. The House leadership, needing to pass the bill by a specific deadline, decides to move for cloture. Since only a simple majority is required in the House, a vote of more than half of the members present can successfully invoke cloture, immediately ending further debate and bringing the education funding bill to a final vote.

  This example highlights cloture's role in managing and concluding debate in the House of Representatives, where it serves to efficiently move legislation forward by cutting off prolonged discussion, even without the specific context of a Senate-style filibuster.