Senate Democrat in must-win state comes out against Kamala Harris’ plan to end filibuster

Vice President Kamala Harris is promising to end the filibuster in order to pass legislation codifying Roe v. Wade's abortion protections into law. That may meet a hurdle if Sen. Jon Tester (D-Montana) has anything to say about it.

Semafor reported Tuesday that Tester has made it clear he would oppose Harris' efforts to do away with the filibuster outright if he wins another six-year term this November. The three-term Democrat clarified that while he wants to keep the filibuster, he would prefer changes to how it's wielded.

“My stance is this: We need to change the filibuster into a talking filibuster,” Tester told Semafor. “We should not eliminate the filibuster.”

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Currently, legislation in the Senate is often stalled due to the filibuster, which happens when one member invokes a "cloture" vote. When cloture is invoked, 60 votes are needed in order to move a bill to the floor for an actual up-or-down vote. And because the Senate is so closely divided, this means cloture is often used to sink legislation unless it's overwhelmingly popular with both parties.

According to Tester, changing the process to a "talking" filibuster would be more fair, as it would require any senator wishing to obstruct a vote to physically stand on the floor and speak continuously. This process is still occasionally used: Sen. Bernie Sanders (I-Vermont) became famous in 2010 for a talking filibuster in a failed attempt to block an extension of the George W. Bush-era tax cuts that disproportionately benefited the wealthiest Americans.

“I don’t want to make this thing like the House. We shouldn’t allow one person to stop this,” Tester said. “Make them talk. If they quit talking, vote.”

Tester's promise to oppose eliminating the filibuster could mean he becomes another centrist thorn in the side of a Democratic administration, as Sens. Joe Manchin (I-West Virginia) and Kyrsten Sinema (I-Arizona) were for President Joe Biden. Thanks to their efforts to keep the filibuster intact, Biden was unable to pass his landmark "Build Back Better" bill that would have created universal pre-K education, subsidized child care, allowed for three weeks of paid family leave and allowed Medicare to also cover dental and vision care, among others.

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Tester's position is difficult for Democrats to grapple with, given that he is likely the linchpin for Democrats to either keep or lose their Senate majority in November. Because Manchin is retiring, his West Virginia seat will almost certainly be in Republican hands this November.

This means Republicans only need to flip one more seat, with Montana and Ohio being the most obvious targets given that they both have Democrats seeking reelection this year in states former President Donald Trump easily won in both 2016 and 2020. Other competitive races include Nevada, Pennsylvania and Wisconsin, where Democratic incumbents are all hoping to keep their seats for another six years. Arizona's Senate seat is open, though Rep. Ruben Gallego (D-Arizona) is currently polling ahead of Republican Kari Lake according to FiveThirtyEight.

In addition to Tester, Senate Majority Leader Chuck Schumer (D-New York) may also push back on Harris' call to nuke the filibuster. Semafor reported that Schumer would only say that his caucus would discuss it "in the next Congress," which gavels in on January 3, 2025.

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Click here to read Semafor's full report.