"I would call on all 46 Republicans to unite, to stand together and vote against cloture on the bill," Cruz said as his final words, which were met with applause. "Because otherwise if we vote with the Senate Leader and Democrats we will be voting to allow the majority leader to strip defunding ObamaCare from the measure."
Cruz yielded the floor at noon, even though Senate Majority Leader Harry ReidHarry ReidWhat if there’s no 'Nuclear Option' in the Senate? Republican failure Senate about to enter 'nuclear option' death spiral MORE (D-Nev.) said in a floor discussion with him that he could go until 1 p.m. if he wanted. Cruz said he was under a different impression, and would yield at noon.
Cruz did propose that he be allowed to speak later in the day, saying that he pledged to talk until he can't stand anymore, and that he still has some energy left.
"Although I am weary, there is still at least strength in my legs to stand a little longer," he said.
"If Republicans vote with Democrats, then this body will cut off debate on this bill," Cruz said Tuesday. "And we are silencing the voice of the Senate and the voice of the people."
Cruz has been the center of attention on the defunding issue, but also the center of criticism from Republicans who see no point in delaying legislation to fund the government in order to push the idea of defunding the law, especially given Democratic control of the Senate and the White House. Cruz rejected this criticism several times Tuesday and Wednesday, and called on all GOP senators to support his fight to defund ObamaCare.
But other than providing a rallying point for opponents of ObamaCare, Cruz's marathon session was essentially a symbolic stand. Several Republicans, including Senate Minority Leader Mitch McConnellMitch McConnellTwo Dems announce they'll vote for Gorsuch Pence breaks tie, allowing Senate to revoke Obama order on abortion provider funding Pence casts tiebreaking Senate procedural vote on funding for abortion providers MORE (R-Ky.), have said they don't support delaying the bill.
Cruz's filibuster was also more of a delay tactic than an attempt to block the bill. Senate Democrats already filed a motion to end debate on the motion to proceed to the bill, which means the vote to end debate will happen by Wednesday regardless of Cruz's filibuster.
That prompted Reid to declare on Tuesday that Cruz's remarks would not be a filibuster at all. His staff followed up with a tweet later that said Cruz's filibuster is "fake."
"Fun fact: Senator Cruz pre-negotiated the terms of his #fakefilibuster with Senator Reid yesterday. Not exactly a Mr. Smith moment," tweeted Adam Jentleson, Reid's communications director.
However, the Senate website says a filibuster is any attempt to block or delay legislation, which means his remarks could be seen as a talking filibuster that delays the bill, even if it had no ability to stop it.
Cruz himself didn't label his remarks one way or the other, and instead repeated that his speech is an attempt to "make D.C. listen."
"I rise today in opposition to ObamaCare in an effort to speak for 26 million Texans and 300 million Americans," Cruz said. "It is time, quite frankly, to make D.C. listen."
As he went on, he remarked that many people started to use Twitter with the hashtag "makeDClisten."
At 8 p.m. Tuesday, Cruz broke from his criticism of ObamaCare and read Green Eggs and Ham to his two young daughters, who were getting ready for bed.
"I wanted to take an opportunity that I don’t usually have when I’m in D.C., to read them a couple of bedtime stories,” Cruz said.
Senate Majority Whip Dick DurbinDick DurbinKushner meets with lawmakers about criminal justice reform: report Dem leaders give centrists space on Gorsuch Republicans seek to lower odds of a shutdown MORE (D-Ill.) and Sen. Tim KaineTim KaineDem leaders give centrists space on Gorsuch Fiorina calls for special prosecutor for Russia probe Kaine says he'll vote against Gorsuch MORE (D-Va.) were the only Democrats to visit the floor to challenge Cruz's challenge of ObamaCare. Durbin implied that Cruz favors a government shutdown, by tying a spending bill to defunding ObamaCare.
But Cruz said it would be the fault of Democrats if the government shuts down.
"I do not believe we should shut down the federal government," Cruz said. "The only reason we might shut down the federal government is if President Obama and Majority Leader Reid decide they want to force a government shutdown."
Several GOP senators came to the floor to give Cruz a break from talking, including Sen. Rand PaulRand PaulWith Freedom Caucus dig, Trump masters the media ... again The Hill's 12:30 Report Pot state Dems want federal regulation of marijuana MORE (R-Ky.), who got help from Cruz and other during his more than 12-hour filibuster back in March.
Paul jokingly advised Cruz to wear comfortable shoes, and told him not to eat in front of the camera — Paul notoriously scarfed down chocolate and other snacks during his filibuster.
Sen. Mike LeeMike LeeKushner meets with lawmakers about criminal justice reform: report What are 'religious liberty' bills really about? Lee: Nuclear option justified after Dems used it in 2013 MORE (R-Utah), who also pressed for the defunding language, joined Cruz for most of the evening and thanked the House for passing the language.
"The House of Representatives showed that ... at least that side of D.C., that side of the Capitol, was listening, and I applaud the Speaker of the House and the other leaders in the House of Representatives who did that," Lee said. "That suggests to me that they were listening on that side of the House."
Sens. David VitterDavid VitterFormer GOP rep joins K Street lobbying firm Capitol Counsel Lobbying World Mercury brings on former Sen. Vitter, two others MORE (R-La.) and Mike EnziMike EnziTop Dem: Trump's State Dept. cuts a 'Ponzi scheme' Republicans eye strategy for repealing Wall Street reform Lawmakers fundraise amid rising town hall pressure MORE (R-Wyo.) noted the "special deal" that members of Congress and their staff will get to sign up to the health insurance exchanges under ObamaCare. Vitter and Enzi were referring to a rule that said members and staff can still receive government subsidies for their health insurance even when they are forced to use the new exchanges.
Sen. Marco RubioMarco RubioOvernight Cybersecurity: Senate Intel holds Russia hearing | WH struggles to respond to latest Nunes development | Trump extends Obama cyber threat order Rubio: Former campaign aides targeted by IP address in Russia Live coverage: Senate intel holds first public Russia hearing MORE (R-Fla.) stopped by in the early evening to argue that ObamaCare is destroying the American dream.
"There can't be an America without the American Dream ... and that is what's being undermined by ObamaCare," Rubio said. "If your dream is to open your own business and grow it, then ObamaCare is hurting you."
Senate Budget Committee ranking member Sen. Jeff SessionsJeff SessionsSessions, Comey discuss threats with Jewish leaders Pot state Dems want federal regulation of marijuana Seattle sues Trump administration over sanctuary city ban MORE (R-Ala.) said he'd support Cruz's effort and vote against advancing the spending resolution until changes to the healthcare law are guaranteed.
"I'm going to oppose any advancing of the final bill that doesn’t provide some change in this ObamaCare legislation," Sessions said. "We just have to use the opportunities that we have."
Cruz was rejoined by many of his GOP colleagues Wednesday morning, after those colleagues had a chance to eat and sleep. Sen. Pat RobertsPat RobertsOvernight Finance: Budget deficits, debt to reach record highs in 30 years | Meet President Trump’s Ms. Fix-It Senate panel approves Trump's Agriculture pick Members help package meals at Kraft Heinz charity event in DC MORE (R-Kan.) reached the floor again just before 8 a.m. to ask how Cruz was holding up, and to offer to buy him breakfast when it's all over.