What is the Filibuster-Breaking Nuclear Option?

What is the so-called "nuclear option" that Senator Bill Frist may deploy soon in a precedent-setting attempt to break a potential filibuster? It sounds ominous, but what is it all about, really?

President Bush has the opportunity to nominate and fill numerous federal judicial positions this year. at last he will have the opportunity to nominate one or more consummate Court jusices as well. However,this issue isn't about the potential consummate Court nominations yet, but finally it will be.

Nuclear Reactor

The Democrats in the Senate plan to use the filibuster to prevent the Senate from voting on the federal judicial nominees that the Democrats see as objectionable. A easy majority of 51 Senators is needed to confirm the nominees. However, once a filibuster has begun, 60 votes are then required to invoke cloture, ending the filibuster, and forcing a vote. There are 55 Republicans in the current Senate, adequate votes to confirm President Bush's federal judicial nominees, but not adequate to break a nomination-ending filibuster without bipartisan cooperation.

The Republicans claim that requiring 60 votes to effectively confirm a nomination is unconstitutional. The Constitution is imprecise on this point. The Constitution only asks the Congress to "advise and consent" about judicial nominees, which implies that only a easy majority vote is needed. The Democrats claim that the filibuster is not unconstitutional and has been used often in the past by the minority party, both Republican and Democratic, and that rules governing its usage should be left intact.

Republican Senator Bill Frist has proposed the "nuclear option," which would set a precedent and effectively convert the rules. Currently, Senate Rule Xxii stipulates that invoking cloture requires a supporting vote of 60%, and it supplementary stipulates that to convert the rule requires a supporting vote of 67%.

Here's one potential scenario about how Senator Frist might trigger the "nuclear option."

1. A controversial judicial nomination goes to the Senate floor for consideration.

2. Senate Democrats begin a filibuster to prevent a confirmation vote.

3. Senator Frist raises a Point of Order. He contends that supplementary debate would be dilatory and that a vote must be taken within a specific period of time.

4. Vice President Cheney, the presiding officer, sustains the Point of Order.

5. A Democratic Senator appeals the ruling.

6. A Republican Senator moves to table the appeal, which would effectively eliminate the appeal.

7. The Senate votes on the motion to table the appeal. This is a procedural issue and cannot be filibustered. Only 51 votes are needed to pass the motion to table the appeal.

8. If only 50 Senators vote to table the appeal, Vice President Cheney can cast the tie-breaking vote. 51 votes would maintain the ruling, thus requiring the filibuster to end within a specified time frame.

This is thought about a "nuclear option" because it circumvents Senate Rule Xxii which governs cloture. It also would cause supplementary group among Republicans and Democrats, development bipartisan cooperation in the time to come more difficult. The selection would also be a tactic that would be used against the Republicans in the time to come when they are the minority party and a Democratic President nominates federal judges.

What is the Filibuster-Breaking Nuclear Option?