I was under the impression (don’t know where I got it) that once the house-senate conference settles on a final bill, the senate (as well as the house) can only vote up or down and no filibuster is possible. But a latter in today’s NY Times suggests that a new filibuster would be possible on the conference committee report. Is this correct?
While I am on the subject of filibusters, I have another question. I was under the impression that, as the Senate replaces only 1/3 of its members at a time, it is continuing body and therefore never gets to vote on its rules, while the House reorganizes every two years and has to readopt its rules (or change them). But Paul Krugman suggested in his column yesterday that on the first day of a new congress, the Senate also has to readopt its rules and can change them. Presumably since there is no rule in effect at that point that allows unlimited debate (nor is unlimited debate a feature in any other deliberative body in the world that I am aware of), a change in the rules could not be filibustered, but the president of the Senate (that is the VP) could simply call for a vote. I would be interested in knowing if this is true.
Incidentally, I recall when cloture required a 2/3 majority and was changed to 3/5 only after a long filibuster was ended. I don’t recall when that happened exactly, but it was probably in the 50s.