Nuclear option

The nuclear option is a parliamentary rule which "relates to the possiblity that Vice President Cheney will make a 'ruling from the chair' with regard to changing the cloture rule reducing the now required 60 votes to end a filibuster to a simple majority." In effect, the "nuclear option" could be used to end any debate on the Senate floor. [1]

How It Might Work

Robert Novak illustrated this procedure in his December 20, 2004, Townhall article "Byrd's nuclear option": [2]

"A scenario for an unspecified day in 2005: One of President Bush's judicial nominations is brought to the Senate floor. Majority Leader Bill Frist makes a point of order that only a simple majority is needed for confirmation. The point is upheld by the presiding officer, Vice President Dick Cheney. Democratic Leader Harry Reid challenges the ruling. Frist moves to table Reid's motion, ending debate. The motion is tabled, and the Senate proceeds to confirm the judicial nominee -- all in about 10 minutes."

Possible Scenario, Possible Blowback

"A looming power play by Senate Republican leaders to clamp down on filibusters against judicial nominees is a high-risk strategy. It could change the balance of power in the Senate, erode the rights of the minority party and backfire against Republicans in the long term.

"The Senate is 'not always going to be Republican,' former Senate Majority Leader Bob Dole, the 1996 GOP presidential candidate, is reminding fellow Republicans. 'Think down the road,' he advises. ..."

"'Someday there will be a liberal Democrat president and a liberal Democrat Congress,' Sen. John McCain, R-Ariz., told MSNBC last week. 'Do we want a bunch of liberal judges approved by the Senate of the United States with 51 votes if Democrats are in the majority?'" New York Times, April 18, 2005.

SourceWatch Resources

• Judicial nominees/Bush
• The Courts: Shifting the Judiciary to the Right ... for Big Business

External Links

• "The ‘Nuclear Option’," Center for Individual Freedom, October 23, 2003.
• Alexander Bolton, "Frist finger on ‘nuclear’ button," The Hill, May 13, 2004.
• Manuel A. Miranda, "Fighting Filibusters. Frist shouldn’t use the nuclear option wantonly," The National Review, May 13, 2004.
• "Bill Frist's 'nuclear option'," Salon, December 13, 2004.
• Helen Dewar and Mike Allen, "GOP May Target Use of Filibuster. Senate Democrats Want To Retain the Right to Block Judicial Nominees," Washington Post, December 13, 2004.
• Chuck Lindell, "Senate GOP Set to Go 'Nuclear' Over Judges," Cox News Services, November 28, 2004.
• Robert Byrd, "'Nuking' Free Speech," Washington Post, March 3, 2005.
• Jeffrey Toobin, "Blowing Up the Senate. Will Bush’s judicial nominees win with the 'nuclear option'?", The New Yorker, March 7, 2005.
• Charles Hurt, "Support falters for the 'nuclear option'," Washington Times, March 25, 2005.
• Deborah C. England, "The Nuclear Option. Changing Senate rules on filibusters would be bad policy -- and bad law," law.com, March 28, 2005.
• "Bob Dole warns Senate GOP on moving forward with Nuclear Option," BuzzFlash News Alert, April 12, 2005.