Reid's office: Cruz filibuster is fake

On Monday, Cruz objected to allowing any executive branch nominees advance until he was guaranteed floor time.

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Earlier Tuesday, Reid said there would not be any filibuster today.

"There is no filibuster today," Reid said. "We are going to vote tomorrow. Under the rules no one can stop that."

Cruz is attempting to delay — for as long as possible — consideration of a continuing resolution passed last week by the House, which funds the government through mid-December while also stripping funding for the Affordable Care Act.

Senate Majority Leader Harry Reid (D-Nev.) is expected to advance H.J.Res. 59 with an amendment to remove the House language that defunds ObamaCare. A vote to end debate on the motion to proceed is expected Wednesday, and Cruz's actions cannot stop that from happening.

The government will shut down Oct. 1 if Congress doesn't approve some form of government funding measure.