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The filibuster is not ordinary politics. It’s being abused in a gigantic way. It’s not about getting to 60 votes; it’s about making sure the other team doesn’t win at all, even if the nation loses.

Joseph Robinette Biden Jr.

Remarks on voting rights legislation, January 2022 · Checked on 2 March 2026
The filibuster is not ordinary politics. It’s being abused in a gigantic way. It’s not about getting to 60 votes; it’s about making sure the other team doesn’t win at all, even if the nation loses.

Analysis

The filibuster has evolved from a rarely used procedural tool (pre-1970s) to a routine 60-vote threshold for most legislation, particularly since the 1990s. Data shows its increased use for partisan obstruction—e.g., a record 292 cloture motions filed in the 2019–2020 Congress (per **Congressional Research Service**). However, 'abuse' implies normative judgment; while the tactic’s frequency aligns with Biden’s critique, opponents argue it protects minority rights. His claim that it prioritizes 'the other team’s loss over national gain' reflects a partisan framing of gridlock, not an objective assessment of all filibuster uses (e.g., civil rights filibusters in the 1960s).

Background

The filibuster originated as an unintended Senate rule allowing unlimited debate unless 60 senators vote to end it (cloture). Its use surged in recent decades, with both parties leveraging it to block judicial nominees, legislation, or presidential agendas. Critics (including Biden in 2022) argue it now enables systematic minority obstruction, while defenders claim it fosters deliberation and stability. The 2021–2022 voting rights bills (e.g., *Freedom to Vote Act*) failed due to filibuster opposition, prompting Biden’s remarks.

Verdict summary

Biden’s claim about the filibuster’s modern usage as a tool of obstruction rather than consensus-building is broadly supported by historical trends, though 'abuse' is a subjective characterization.

Sources consulted

— Congressional Research Service (2021). *Filibusters and Cloture in the Senate* (R45743). https://crsreports.congress.gov/product/pdf/R/R45743
— Brookings Institution (2022). *The filibuster’s evolution into a partisan weapon*. https://www.brookings.edu/articles/the-filibusters-evolution-into-a-partisan-weapon/
— U.S. Senate Historical Office. *Statistics and Historical Comparison of Cloture Motions* (1917–2022). https://www.senate.gov/reference/Index/Cloture.htm
— Biden, J.R. (2022, Jan 11). *Remarks by President Biden on Protecting the Right to Vote*. The White House. https://www.whitehouse.gov/briefing-room/speeches-remarks/2022/01/11/remarks-by-president-biden-on-protecting-the-right-to-vote/