What's most striking, though, are the many cases in which the filibustering Senate minority has actually represented a majority of Americans. In fact, in 40 percent of the filibusters since 1991, the senators making up the "obstructionist" minority represented more people than the majority they defeated.
The traditional debate over the filibusterwhich equates filibustering with a minority veto, and then argues the merits of giving the minority such a prerogativeentirely misses this fact. Democratic filibusters against President Bush's judicial nominees were decried as undemocratic usurpations, for example. But nearly all of them fell into this category of "majority rule filibusters."
This example is typical of a more general partisan pattern. When Republicans have been in the majority, the filibustering minority has actually represented the majority of Americans 64 percent of the time. When Democrats have been in the majority, that figure plummets to 3 percent. So the charge that it is somehow hypocritical for Democrats to decry Republican filibusters as affronts to majority ruleif they also stand by their past decisions to filibuster the Republicansis easily answered. When Democrats have filibustered Republicans in recent years, they have very often represented more Americans than the Republican majority; the same is almost never true in reverse.