On the recordNovember 12, 2003
I agree so strongly with the Senator from South Carolina that this has the real danger of undermining the independence of the judiciary and injecting politics into the judiciary in a way we do not want to do. I had the opportunity to obtain information from one of our greatest understanders of Senate rules on holds. I think I would like to share that with the Presiding Officer, Senator Enzi, who is as skilled on the history of the Senate as anyone. He just notes this: What is a hold? A hold is a request by a Senator to be notified so a unanimous consent request can be objected to. If somebody is going to move a bill, legislation, or a judge, and you want to talk more about it or so forth, you put a hold. They have to call you before they will do a unanimous consent without your knowledge and slip something through you want to talk about or debate. It is not a filibuster. A filibuster would be a continuous success by less than a majority of the Senators to stop progress to a vote in an action or a matter. It is a success continually by a minority of the Senate to stop the majority from bringing a matter to a vote. A cloture, more than a majority, stopped by a minority, 55 votes for cloture to stop debate, can be defeated by 45 Senators who vote contrary to that, is a filibuster, as has been admitted by the Senators on the other side. I think we have been playing some games with words, but the bottom line is what has occurred this year is unprecedented.
Source
govinfo.gov




