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Encyclopedia > Nuclear option

The nuclear option, also called the Constitutional option, is a parliamentary ruling by the presiding officer of the United States Senate to end debate and hold an immediate vote on a matter under consideration. This procedure is not provided for in the formal rules of Senate, but has been used on various occasions for the purpose of frustrating a filibuster or other dilatory tactic. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Politics Portal      The United States Senate is one of the two chambers of the bicameral United States Congress, the... As a form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ...


Advocates of the nuclear option argue that Senate rules may be overridden when they unconstitutionally prevent a majority of senators from making a procedural rule. This occurs when a minority of senators attempt to use dilatory tactics in such a way as to postpone a vote indefinitely. The requirement in the Senate rules that rule changes be approved by a two-thirds majority unconstitutionally allows a previous Senate to deprive the current Senate of its right to make a rule by the vote of a simple majority, according to a parliamentary ruling issued by Vice President Richard Nixon (1957). The Constitutional Option was first used in 1975 (and adopted three times that year). It was also adopted in 1977, 1979, 1980, and 1987.[1] Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ...


The maneuver was brought to prominence and given its name in 2005, when the Republican majority threatened to invoke it in order to end filibusters against President Bush's judicial nominees. Its use would affect nominees to U.S. district, appellate, and Supreme courts, all of which are lifetime appointments. In 2005, Republican Senate Majority Leader Bill Frist (R-Tenn.) said that he was prepared to use the option if the Democrats attempted to filibuster Bush's nomination of Samuel Alito to the Supreme Court. The showdown did not occur; the Senate voted 72-25 to cut off debate. Map of the boundaries of the United States Courts of Appeals and United States District Courts The United States district courts are the general trial courts of the United States federal court system. ... The United States courts of appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... The Senate Majority Leader is a member of the United States Senate who is elected by the party conference which holds the majority in the Senate to serve as the chief Senate spokesman for his or her party and to manage and schedule the legislative and executive business of the... William Harrison Bill Frist, Sr. ... Samuel Anthony Alito, Jr. ...

Contents

Changes to Senate rules

Because Senate rules require a 60-vote majority to end debate under most circumstances, a minority of 41 senators can prevent a final vote on most proposals, effectively defeating them. The practice of talking or debating on the Senate floor to prevent a vote from taking place is known as a filibuster. A three-fifths vote, or a 60-vote majority, is required to approve cloture and end such debate. A formal change to the Senate's rules are even more difficult to make: Senate rule 22 states that such a change requires a two-thirds majority of those present and voting to end debate (67 votes if all senators vote).[2]


A point of order is a parliamentary motion used to remind the body of its written rules and established precedents, usually when a particular rule or precedent is not being followed. When a senator raises a point of order, the presiding officer of the Senate immediately rules on the validity of the point of order, but this ruling may be appealed and reversed by the whole Senate. Ordinarily, a point of order compels the Senate to follow its rules and precedents; however, the Senate may choose to vote down the point of order. When this occurs, a new precedent is established, and the old rule or precedent no longer governs Senate procedure. Similarly, it is possible to raise a point of order and state that the standard procedure of the Senate is actually different than the current rules and precedents suggest. If this point of order is sustained, a new precedent is established, and it controls Senate procedure thenceforth.


The Constitutional Option is used in response to a filibuster or other dilatory tactic. A senator makes a point of order calling for an immediate vote on the measure before the body, outlining what circumstances allow for this. The presiding officer of the Senate, usually the vice president of the United States or the president pro tempore, makes a parliamentary ruling upholding the senator's point of order. (The constitution is cited at this point, since otherwise the presiding officer is bound by precedent.) A supporter of the filibuster may challenge the ruling by asking, "Is the decision of the Chair to stand as the judgment of the Senate?" This is referred to as "appealing from the Chair." An opponent of the filibuster will then move to table the appeal. As tabling is non-debatable, a vote is held immediately. A simple majority decides the issue. If the presiding officer's ruling is upheld, the Senate will then hold a vote on the substantive measure under consideration. Thus a simple majority is able to cut off debate. The filibuster or dilatory tactic would thereafter be barred by the new precedent. Seal of the office of the Vice-President of the United States The Vice President of the United States is the first in the presidential line of succession, becoming the new President of the United States upon the death, resignation, or removal of the President. ... Robert C. Byrd of West Virginia the current President pro tempore of the United States Senate. ...


Historical backdrop

The first set of Senate rules included a procedure to limit debate called "moving the previous question." This rule was dropped in 1806 in the misunderstanding that it was redundant. Starting in 1837, senators began taking advantage of this gap in the rules by giving lengthy speeches so as to prevent specific measures they opposed from being voted on, a procedure called filibustering. In 1890, Senator Nelson Aldrich (R-RI) threatened to break a Democratic filibuster of a Federal Election Bill by invoking a procedure called "appeal from the chair." At this time, there was no cloture rule or other regular method to force an immediate vote. Aldrich's plan was to demand an immediate vote by a making a point of order. If, as expected, the presiding officer overrule the point, Aldrich would then appeal the ruling and the appeal would be decided by a majority vote of the Senate. (This plan would not work today because appeals from the chair are debatable under modern rules.) If a majority voted to limit debate, a precedent would have been established to allow debate to be limited by majority vote. Aldrich's plan was procedurally similar to the modern Nuclear Option, but it stayed within the formal rules of the Senate and did not invoke the constitution. In the end, the Democrats were able to muster a majority to table the bill, so neither Aldrich's proposed point of order nor his proposed appeal were ever actually moved. As a form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ... Nelson Wilmarth Aldrich (November 6, 1841 - April 16, 1915) was an American politician. ...


In 1892, the U.S. Supreme Court ruled in United States v. Ballin that both houses of Congress are parliamentary bodies, implying that they may make procedural rules by majority vote. In 1917, Senator John J. Walsh contended the majority of the Senate could revise a procedural rule at any time, despite the requirement of the Senate rules that a two-thirds majority is necessary to approve a rule change. "When the Constitution says, 'Each House may determine its rules of proceedings,' it means that each House may, but a majority vote, a quorum present, determine its rules," Walsh told the Senate. Opponents countered that Walsh's "Constitutional Option" would lead to procedural chaos, but his argument was a key factor in the adoption of the first cloture rule later that year. In 1957, Vice President Richard Nixon issued an advisory opinion stating that no Senate may constitutionally enact a rule that deprives a future Senate of the right to approve its own rules by the vote a simple majority. Although legally nonbinding, this opinion has been treated as definitive. Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ...


The nuclear option was officially moved by Senator Clinton P. Anderson (D-NM) (1963), Senator George McGovern (D-SD) (1967), and Senator Frank Church (D-ID) (1969), but was each time defeated or tabled by the Senate. The option was adopted by the Senate three times in 1975 during a debate concerning the cloture requirement. A compromise was reached to reduce the cloture requirement from two-thirds (67 votes) to the three-fifths (60 votes) and also to approve a point of order revoking the earlier three votes in which the Constitutional Option had been invoked. (This was an effort to reverse the precedent that had been set for cloture by majority vote). Clinton Presba Anderson (October 23, 1895–November 11, 1975), was an American Democratic politician who served as a U.S. Congressman from New Mexico (1941-1945), as United States Secretary of Agriculture (1945_1948), and as a U.S. Senator from New Mexico (1949-1973) This article incorporates facts obtained... George McGovern on May 8, 1972 cover of Time Magazine George Stanley McGovern, Ph. ... Frank Forrester Church III (July 25, 1924 – April 7, 1984) was a four-term U.S. Senator representing Idaho as a Democrat (1957-1981). ...


Senator Robert Byrd (D-WV) invoked the Constitutional Option four times when he was majority leader: 1977 (to ban post-cloture filibustering), 1979 (to adopt a rule to limit amendments to an appropriations bill), 1980 (to allow a senator to make a non-debatable motion to bring a nomination to the floor), and 1987 (to ban filibustering during a roll call vote).[3] In 1979, Byrd was able to use the threat of the Constitutional Option to get a rule change approved. Senator Ted Stevens (R-AK) was minority whip at the time: Robert Carlyle Byrd (born November 20, 1917) is the senior United States Senator from West Virginia and a member of the Democratic Party. ... Theodore Fulton Ted Stevens (born November 18, 1923) is the senior United States Senator from Alaska. ...

As a member of the minority at the time, and as one of the chief negotiators in this issue, I knew very clearly that if we did not compromise with Senator Byrd and the majority, he would institute the constitutional option. At no time did Republicans threaten to shut down the senate or engage in dilatory tactics. We never challenged the legitimacy of the constitutional option or accused Senator Byrd of "destroying" the Senate. We worked it out. But in the end, Senator Byrd got his way.[4]

Clinton appointments: 1993-2000

In 1995, Democrats held the White House. The New York Times editorialized, "The U.S. Senate likes to call itself the world's greatest deliberative body. The greatest obstructive body is more like it. In the last session of Congress, the Republican minority invoked an endless string of filibusters to frustrate the will of the majority. This (is a) relentless abuse of a time-honored Senate tradition … Once a rarely used tactic reserved for issues on which senators held passionate convictions, the filibuster has become the tool of the sore loser, dooming any measure that cannot command the 60 required votes." There was no attempt to rewrite Senate rules for confirmation at that time. Year 1995 (MCMXCV) was a common year starting on Sunday (link will display full 1995 Gregorian calendar). ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ...


In 1996, President Bill Clinton nominated Judge Richard Paez to the United States Court of Appeals for the Ninth Circuit. Conservatives held up Paez's nomination for more than four years, culminating in a failed March 8, 2000 filibuster. Only 14 Republicans approved it. Frist was among those who voted to filibuster Paez.[5][6][7] Paez was ultimately confirmed with a simple majority. 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... Richard Paez was confirmed by the Senate to the United States Court of Appeals for the Ninth Circuit in March 2000. ... The U.S. Court of Appeals for the Ninth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Alaska District of Arizona Central District of California Eastern District of California Northern District of California Southern District of California District of Hawaii... March 8 is the 67th day of the year (68th in leap years) in the Gregorian calendar. ... 2000 (MM) was a leap year starting on Saturday of the Gregorian calendar. ...


In addition to filibustering nominations, the republican controlled Senate refused to hold hearings for some 60 Clinton appointees, effectively blocking their nomination from coming to a vote on the Senate floor.[8]


Bush appointments: 2001-2006

When George W. Bush took office there were dozens of federal court vacancies, which Democrats contend Clinton had been unable to fill due to Republican obstruction. Republicans held a majority in the Senate during the last six years of the Clinton administration and controlled who would be voted on. Democrats assert that, for the most part, Republicans did not raise objections to those judicial candidates, but simply refused to hold hearings on the nominations[attribution needed].


One of the arguments made by Republicans[attribution needed] opposed to the nuclear option was that sooner or later, history dictates that Democrats will return to the majority. Thus the GOP might need tools to block the appointment of what they might consider to be an extremist judge for the Democratic party.


Lines are drawn

In the 2005 Senate, Republicans held 55 seats, Democrats 44 and an Independent held one. Confirmation requires a plurality of votes, and the Republicans could easily confirm their nominees if brought to a floor. Earlier in 2005, Democrats had blocked the nomination of 10 of George W. Bush's nominees, saying they were too conservative and that Republicans had blocked many of their nominees back in the 1990s. Republican Senate Majority Leader Bill Frist (R-Tenn.) then threatened to use the nuclear option in response to what he called Democratic "obstructionism". Democrats warned that if Frist used the nuclear option they would shut down the Senate so that no business of any sort could be transacted. George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... The Senate Majority Leader is a member of the United States Senate who is elected by the party conference which holds the majority in the Senate to serve as the chief Senate spokesman for his or her party and to manage and schedule the legislative and executive business of the... William Harrison Bill Frist, Sr. ...


In March 2001, President Bush announced that the administration would no longer seek the American Bar Association's (ABA) evaluations of federal judicial candidates, responding to Republican complaints of leftist bias and ending a tradition started by Eisenhower in 1953.[9] Despite this, the ABA's committee continues to provide the public service.[10] Democratic senators all favor the ABA input.[11] Year 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...


During his first term, President Bush nominated 46 people to federal appeals court seats, of which 36 were confirmed. Democrats blocked the confirmation of 10 nominees, on the grounds that they were too "out of the mainstream" for a lifetime appointment. At the beginning of his second term, Bush resubmitted seven of the 10 names. Senate Minority Leader Harry Reid (D-Nev.) vowed to fight their confirmation. Senate Majority Leader Frist threatened to use the nuclear option to get them confirmed. The presidential seal was first used in 1880 by President Rutherford B. Hayes and last modified in 1959 by adding the 50th star for Hawaii. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... The Senate Minority Leader is a member of the United States Senate who is elected by his or her party conference to serve as the chief Senate spokesmen for his or her party and to manage and schedule the legislative and executive business of the Senate. ... Harry Mason Reid (born December 2, 1939) is the senior United States Senator from Nevada and a member of the Democratic Party. ...


Senator Ted Stevens (R-Alaska) first suggested using a ruling of the chair to defeat a filibuster of judicial nominees in February 2003. The code word for the plan was "Hulk." Weeks later Sen. Trent Lott (R-Miss.) coined the term nuclear option.[12] The maneuver was called the nuclear option because it was seen as a last resort with possibly major consequences for both sides. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Politics Portal      The United States Senate is one of the two chambers of the bicameral United States Congress, the... Theodore Fulton Ted Stevens (born November 18, 1923) is the senior United States Senator from Alaska. ... A Code word may refer any of several concepts: For telecommunications senses, see Code word (telecommunication). ... Chester Trent Lott, Sr. ...


The legality of the nuclear option has been challenged. The Senate parliamentarian, Alan Frumin, was appointed by Senator Lott. Furmin is an ostensibly neutral staff member and appointed keeper of the Senate's rules, and is opposed to the nuclear option.[13] It's been reported that a Congressional Research Service report "leaves little doubt" that the nuclear option would not be based on previous precedents of the Senate.[14] The Congressional Research Service is the public policy research arm of the United States Congress. ...


"Extremist" judges

In April 2005, Senate Democrats were blocking the confirmation of seven of President Bush's nominees, calling them too extreme for a lifetime appointment. The most controversial nominees were Janice Rogers Brown and Priscilla Owen,[15] who had been called "dogmatic" (American Bar Association[16]), "extreme" (New York Times[17]), and an "activist judge" (CivilRights.org[18]). The Honorable Janice Rogers Brown Janice Rogers Brown (born May 11, 1949 in Greenville, Alabama) is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. ... Priscilla Owen (born in Palacios, Texas, October 4, 1954) is a judge in the United States Court of Appeals for the Fifth Circuit. ... This article is on dogma in religion. ... Judicial activism is the tendency of some judges to take a flexible view of their power of judicial interpretation, especially when such judges import subjective reasoning that displaces objective evaluation of applicable law. ...

Opposition: The Los Angeles Times calls Brown "A bad fit for a key court". Brown's alleged dogmatism and a style bordering on vituperation earned her only a qualified rather than well qualified rating from the American Bar Association. Some committee members found her unfit for the appeals court.[19] The New York Times editorialized, "Brown's record as a judge is ... cause for alarm. She regularly stakes out extreme positions, often dissenting alone."[20] People for the American Way President Ralph G. Neas described Janice Rogers Brown as the "far right's dream judge."[21] Senate Minority leader Harry Reid said "She is a woman who wants to take us back to the Civil War days."[22] A list of over 100 organizations that oppose Brown's confirmation is given here.
Support: Supporters counter that Brown has opposed racial profiling[23] and won election and then re-election (with 75% of the vote) to the Supreme Court of California.[24] Supporters also argue that Justice Brown's record of judicial decisions cannot support a characterization of her views as "extremist,"[25][26] and that her record evinces a sensitivity to civil rights.[27] In 2000, she followed the Supreme Court's lead in Adarand Constructors, Inc. v. Peña, striking down a San Jose city ordinance requiring government contractors to solicit bids from companies owned by women and minorities, demonstrating her opposition to affirmative action.[28]
Opposition: The Houston Chronicle characterized Owen as "one of the most conservative" justices on "Texas' Republican-dominated top court."[29] Owen is part of a court that some have criticized for accepting campaign contributions from parties appearing before it – while its justices do not recuse themselves from those cases.[30] The New York Times said Owen is "considered by legal analysts in Texas to be among the most conservative members of the Texas Supreme Court, which, in turn, is considered one of the nation's most conservative supreme courts."[31] The Leadership Conference on Civil Rights (representing 180 national organizations) calls Owen a "judicial activist with a disturbing willingness to effectively rewrite or disregard the law."[32] A list of 60 organizations that oppose Owen's confirmation is given here
Support: Greg Abbott, Attorney General of Texas and a former justice on the Texas Supreme Court, disputes the above charge from the Leadership Conference on Civil Rights.[33] Justice Owen received a unanimous rating of "well qualified" from the American Bar Association.[34] In 2000, she was re-elected to the Texas Supreme Court with 84% of the vote.

The Honorable Janice Rogers Brown Janice Rogers Brown (born May 11, 1949 in Greenville, Alabama) is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. ... The Los Angeles Times (also known as the LA Times) is a daily newspaper published in Los Angeles, California and distributed throughout the Western United States. ... This article is on dogma in religion. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ... The New York Times is a daily newspaper published in New York City by Arthur Ochs Sulzberger Jr. ... People For the American Way (PFAW) is a liberal, self described progressive advocacy organization in the United States. ... Holding All racial classifications, imposed by whatever federal, state, or local government actor, must be analyzed by a reviewing court under a standard of strict scrutiny, the highest level of Supreme Court review (such classifications are constitutional only if they are narrowly tailored measures that further compelling governmental interests). ... Nickname: Location of San Jose within Santa Clara County, California. ... Manifestations Slavery · Racial profiling · Lynching Hate speech · Hate crime Genocide · Ethnocide Ethnic cleansing · Pogrom · Race war Religious persecution · Gay bashing The Holocaust · Armenian Genocide Blood libel · Black Legend Pedophobia · Ephebiphobia Movements Discriminatory Aryanism · Neo-Nazism · Ku Klux Klan National Party (South Africa) American Nazi Party · Hate groups Kahanism · Supremacism Anti... Priscilla Owen (born in Palacios, Texas, October 4, 1954) is a judge in the United States Court of Appeals for the Fifth Circuit. ... The Houston Chronicle is a daily newspaper in Houston, Texas, United States. ... Leadership Conference on Civil Rights (LCCR) Leadership Conference on Civil Rights(LCCR) was founded in 1950 by A. Philip Randolph( founder of the Brotherhood of Sleeping Car Porters), Roy Wilkins (Executive Secretary of the NAACP), and Arnold Aronson, a leader of the National Jewish Community Relations Advisory Council. ... The Texas Attorney General is the chief legal officer of the State of Texas. ... The U.S. state of Texas has two courts of last resort: the Texas Supreme Court, which is the highest state appellate court for civil matters (including juvenile delinquency, which the law considers to be a civil matter and not criminal) and the Texas Court of Criminal Appeals, the highest... Leadership Conference on Civil Rights (LCCR) Leadership Conference on Civil Rights(LCCR) was founded in 1950 by A. Philip Randolph( founder of the Brotherhood of Sleeping Car Porters), Roy Wilkins (Executive Secretary of the NAACP), and Arnold Aronson, a leader of the National Jewish Community Relations Advisory Council. ...

Nuclear option readied

Under pressure by the White House and social conservatives, then-Senate Majority Leader Bill Frist signaled his readiness to pull the trigger on the 'nuclear option' to push through Bush's appellate court choices blocked by the Democrats' threat of filibuster.[35] William Harrison Bill Frist, Sr. ...


In the United States Senate, Republicans hold 49 seats, Democrats 49 and Independents hold two (as of 2007). Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Politics Portal      The United States Senate is one of the two chambers of the bicameral United States Congress, the... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... The Democratic Party is one of two major political parties in the United States, the other being the Republican Party. ... 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ...


Republican pollster Ayres, McHenry and Associates found that 82 percent of registered voters believe that "well-qualified" nominees should receive an up or down vote.[36] An Associated Press-Ipsos poll released May 20, 2005, found 78 percent of Americans believe the Senate should take an "assertive role" examining judicial nominees rather than just give the president the benefit of the doubt.[37] Democratic pollster Westhill Partners found that only 30 percent of Americans approve changing "the rules to require only 51 votes to end a filibuster – thereby eliminating the current system of checks and balances on the majority party."[38] An UP OR DOWN VOTE refers to a direct vote in the U.S. House of Representatives or the U.S. Senate on the substance of an amendment or bill; it is sometimes referred to as a clean vote. Members simply vote yea or nay on it. ...


Political motivations

Many Democrats view Frist's threats to push the nuclear option button to be more about his plan to run for president in 2008 than about the qualifications of the few nominees currently blocked in the Senate.[39] Quoting from Slate.com:

Frist has made clear he will give up his Tennessee Senate seat in 2006, keeping his pledge to serve just two terms and leaving himself free to campaign for president. He has begun to court his party's conservative base. By pouncing on Arlen Specter after the November election to demand that the Pennsylvania senator pledge his support for the president's judicial nominees as prospective head of the Senate judiciary committee, Frist made an obvious overture to Christian conservatives.

Pat Robertson, founder of Christian Coalition of America and several other prominent Christian conservatives have endorsed the nuclear option as a necessary means of getting conservative judges onto the bench. In a May 1, 2005 interview on ABC's 'This Week with George Stephanopoulos', Pat Robertson said that Democratic judges are a greater threat to U.S. unity and stability than Al Qaeda, Nazi Germany or Civil War.[40] On Sunday, April 25, 2005, Family Research Council sponsored "Justice Sunday" featuring Bill Frist - a 90-minute simulcast over Christian radio and television networks enthusiastically supporting the nuclear option.[41][42] In January 2005, Dr. James C. Dobson, head of the Focus on the Family, threatened six Democratic senators if they block conservative nominees.[43] On May 24, 2005, after the compromise negotiated between 14 Senators was announced, Dobson, said the agreement "represents a complete bailout and a betrayal by a cabal of Republicans and a great victory for united Democrats."[44] The Tennessee Senate is the upper house of the Tennessee General Assembly, the formal name of the Tennessee state legislature. ... Arlen Specter (born February 12, 1930) is a United States Senator from Pennsylvania. ... Capital Harrisburg Largest city Philadelphia Area  Ranked 33rd  - Total 46,055 sq mi (119,283 km²)  - Width 280 miles (455 km)  - Length 160 miles (255 km)  - % water 2. ... Marion Gordon Pat Robertson (born March 22, 1930) is a televangelist from the United States. ... This article is about the organization presently operating in the United States. ... Al-Qaeda (also al-Qaida or al-Qaida) (Arabic: ‎ , translation: The Base) is an international alliance of militant jihadist organizations established by Osama bin Laden and others around the time of the Soviet withdrawal from Afghanistan in 1989. ... Nazi Germany, or the Third Reich, commonly refers to Germany in the years 1933–1945, when it was under the firm control of the totalitarian and fascist ideology of the Nazi Party, with the Führer Adolf Hitler as dictator. ...


Protests against the nuclear option took place on numerous college campuses; on the Princeton University campus, outside the Frist Campus Center (named for Senator Bill Frist's family) students staged a protest against the nuclear option by simulating a filibuster for two weeks non-stop, beginning on April 26, 2005. Princeton University is a private coeducational research university located in Princeton, New Jersey, in the United States of America. ... William Harrison Bill Frist, Sr. ...


Obstruction and a "power grab"

In response to claims of "Senate obstructionism," Senate Minority Leader Harry Reid, D-Nev, pointed out that only 10 of 214 nominations by President Bush have been turned down.[45] Former President Bill Clinton called Republican efforts to paint Democrats as obstructionist "a hoax" stating "The Republicans wouldn't even give a vote to 40 of my Court of Appeals judges... never mind all the others that they wouldn't have voted." George W. Bush has a better record of having his judicial nominees approved than any President in the past 25 years.[46] One of Democrats' biggest complaints has been that more than 60 of President Clinton's nominees were bottled up in committee, leaving positions available for Bush to fill.[47] (Republicans were the majority in the Senate for six of Clinton's eight years as President 1994-2000.) On April 27, 2005, Former Vice President Al Gore said, "Their grand design is an all-powerful executive using a weakened legislature to fashion a compliant judiciary in its own image. ... What is involved here is a power grab."[citation needed] Harry Mason Reid (born December 2, 1939) is the senior United States Senator from Nevada and a member of the Democratic Party. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... April 27 is the 117th day of the year (118th in leap years) in the Gregorian calendar, with 248 days remaining. ... Albert Arnold Gore, Jr. ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ...


Democratic proposal

On May 9, 2005, Senate Democratic leader Harry Reid offered the Democrats' support for one of President Bush's judicial nominees, former Senate lawyer Thomas B. Griffith.[48] Democrats cited this offer as a goodwill gesture to show that they are willing cooperate with Republicans and confirm "acceptable" nominees. Reid stated that Democrats "will only block unacceptable nominees" (such as Brown and Owen), but would confirm Griffith, saying "Let's take a step away from the precipice. Let's try cooperation, rather than confrontation." Thomas B. Griffith Thomas Beall Griffith (born July 5, 1954 in Yokohama, Japan) is a Circuit Judge on the United States Court of Appeals for the District of Columbia Circuit. ...


Republican spokesman Bob Stevenson rejected the offer, saying, "Why stop at one? We should take them all up." Republicans contended that the Democrats' offer was empty, since the Democrats would have retained the discretion to block any of President Bush's future nominees that they deemed "extremist," even when those nominees enjoyed the support of all Republican Senators. Thus, that Reid's offer did not resolve the problems that led to consideration of the nuclear option in the first place. Republicans also contend that the Democrats' judicial filibusters have already killed three of President Bush's Court of Appeals nominations (Miguel Estrada, Charles Pickering, and Carolyn Kuhl), as those judges withdrew their nominations rather than continue to fight the filibuster.[49] Miguel Angel Estrada (born September 25, 1961) is an American lawyer who became embroiled in controversy following his 2001 nomination by President George W. Bush to the United States Court of Appeals for the D.C. Circuit. ... Charles Willis Pickering, Sr. ...


Republican counter-proposal

Senate Majority Leader Bill Frist (R-Tenn) floated a Republican counter-offer. In exchange for ending the filibuster against judicial nominees, the Republicans offered to end the practice of bottling up appellate-court nominees in committee (a nod to President Clinton's nominees who were denied floor votes), and to guarantee up to 100 hours of debate on each nomination. Minority Leader Reid rejected that offer calling it, "a big wet kiss to the far right."[50] The Senate Majority Leader is a member of the United States Senate who is elected by the party conference which holds the majority in the Senate to serve as the chief Senate spokesman for his or her party and to manage and schedule the legislative and executive business of the... William Harrison Bill Frist, Sr. ...


Critical mass

On Friday, May 20, a cloture vote for the nomination of Janice Rogers Brown was rescheduled for Tuesday, May 24. The failure of this cloture vote would be the beginning of the nuclear option, immediately followed by the asking for the ruling of the Chair on the Constitutionality of the Filibuster. On May 23, 2005, Majority Leader Frist called for a vote on Priscilla Owen. This threatened to trigger the nuclear option. May 23 is the 143rd day of the year (144th in leap years) in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Priscilla Owen (born in Palacios, Texas, October 4, 1954) is a judge in the United States Court of Appeals for the Fifth Circuit. ...


"Gang of 14"

Senator John McCain (R-AZ) and Senator Ben Nelson (D-NE) reached out to a number of colleagues on both sides to compromise by winning confirmation of some of the disputed nominees (Janice Rogers Brown, William Pryor, and Priscilla Owen) while preserving the judicial filibuster.[51] Their efforts succeeded on the evening of May 23, 2005, one day before the cloture vote. They announced an agreement by seven Republican and seven Democratic Senators to avert a vote on the nuclear option while preserving the filibuster for "extraordinary circumstances."[52] The block of senators who agreed to the compromise included Republicans McCain, Lindsey Graham of South Carolina, John Warner of Virginia, Olympia Snowe of Maine, Susan Collins of Maine, Mike DeWine of Ohio and Lincoln Chafee of Rhode Island; and Democrats Nelson,Joe Lieberman of Connecticut, Robert Byrd of West Virginia, Mary Landrieu of Louisiana, Daniel Inouye of Hawaii, Mark Pryor of Arkansas and Ken Salazar of Colorado. This group was quickly dubbed "the Gang of 14" in various blogs and news outlets. McCain, Chafee, Collins and Snowe were already on record as opposing the nuclear option, leaving the Democrats two votes short of defeating an attempt to trigger it (they would have needed 51 votes to override Vice President Dick Cheney's tie-breaking vote). John Sidney McCain III (born August 29, 1936) is an American politician, currently the Republican senior U.S. Senator from Arizona. ... Earl Benjamin Ben Nelson (born May 17, 1941) is the junior U.S. Senator from Nebraska, where he was born and has lived for most of his life. ... The Honorable Janice Rogers Brown Janice Rogers Brown (born May 11, 1949 in Greenville, Alabama) is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. ... William Holcombe Pryor, Jr. ... Priscilla Owen (born in Palacios, Texas, October 4, 1954) is a judge in the United States Court of Appeals for the Fifth Circuit. ... Lindsey Olin Graham (born July 9, 1955) is an American politician from South Carolina. ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Columbia Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32°430N to 35°12N... John William Warner (born February 18, 1927) is an American statesman and politician, who served as Secretary of the Navy from 1972-1974 and has served as the Republican senior U.S. Senator from Virginia since 1979. ... Official language(s) English Capital Richmond Largest city Virginia Beach Area  Ranked 35th  - Total 42,793 sq mi (110,862 km²)  - Width 200 miles (320 km)  - Length 430 miles (690 km)  - % water 7. ... Olympia Jean Bouchles Snowe (born February 21, 1947 in Augusta, Maine) is a Republican politician and the senior United States Senator from Maine. ... Official language(s) None Capital Augusta Largest city Portland Area  Ranked 39th  - Total 33,414 sq mi (86,542 km²)  - Width 210 miles (338 km)  - Length 320 miles (515 km)  - % water 13. ... With fellow Maine Senator Olympia Snowe Susan Margaret Collins (born December 7, 1952 in Caribou, Maine) is an American politician, the junior U.S. Senator from Maine and a Republican. ... Richard Michael Mike DeWine (born January 5, 1947) is an American politician from Ohio. ... Official language(s) None Capital Columbus Largest city Columbus Largest metro area Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... Lincoln Davenport Chafee (IPA pronunciation: , [CHAY-fee]) (born March 26, 1953) is a Republican United States Senator from Rhode Island. ... This article is about the U.S. State. ... Joseph Isadore Lieberman (born February 24, 1942) is an American politician from Connecticut. ... It has been suggested that this article be split into multiple articles. ... Robert Carlyle Byrd (born November 20, 1917) is the senior United States Senator from West Virginia and a member of the Democratic Party. ... Official language(s) English Capital Charleston Largest city Charleston Area  Ranked 41st  - Total 24,244 sq mi (62,809 km²)  - Width 130 miles (210 km)  - Length 240 miles (385 km)  - % water 0. ... Mary Loretta Landrieu (born November 23, 1955) is the senior Democratic United States Senator for the state of Louisiana. ... Official language(s) de jure: none de facto: English & French Capital Baton Rouge Largest city New Orleans [1] Area  Ranked 31st  - Total 51,885 sq mi (134,382 km²)  - Width 130 miles (210 km)  - Length 379 miles (610 km)  - % water 16  - Latitude 29°N to 33°N  - Longitude 89°W... Daniel Ken Inouye (born September 7, 1924) is a recipient of the Medal of Honor and currently serves as the senior United States Senator from HawaiÊ»i. ... Official language(s) English, Hawaiian Capital Honolulu Largest city Honolulu Area  Ranked 43rd  - Total 10,931 sq mi (29,311 km²)  - Width n/a miles (n/a km)  - Length 1,522 miles (2,450 km)  - % water 41. ... Mark Lunsford Pryor (born January 10, 1963) is a politician in Arkansas. ... Official language(s) English Capital Little Rock Largest city Little Rock Area  Ranked 29th  - Total 53,179 sq mi (137,002 km²)  - Width 239 miles (385 km)  - Length 261 miles (420 km)  - % water 2. ... Kenneth Lee Salazar (born March 2, 1955) is an American politician, rancher, and environmentalist from the U.S. state of Colorado. ... Official language(s) English Capital Denver Largest city Denver Area  Ranked 8th  - Total 104,185 sq mi (269,837 km²)  - Width 280 miles (451 km)  - Length 380 miles (612 km)  - % water 0. ... The Gang of 14 (sometimes called the Mod Squad, with mod standing for moderate) was a term coined to describe the bipartisan group of moderate Senators who successfully negotiated a compromise to avoid the deployment of the so-called nuclear option over the organized use of the filibuster by Senate... Richard Bruce Dick Cheney (born January 30, 1941), is the 46th and current Vice President of the United States, serving under President George W. Bush. ...


The bipartisan group was large enough to deny Frist the 50 votes he needed to trigger the nuclear option, and also large enough to reach cloture on a Democratic filibuster. It states, in part:

..we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

Democrats in the Gang agreed not to filibuster the judges listed in the agreement (save in "extraordinary" circumstances) and Republicans in the Gang agreed not to vote for the nuclear option (save in "extraordinary" circumstances). The definition of what constituted an "extraordinary" circumstance was left up to the individual senator. For example, Graham and DeWine let it be known that they did not consider nominations to the Supreme Court to fit the definition. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


Frist reluctantly approved the compromise. Several of the blocked nominees were brought to the floor, voted upon and approved as specified in the agreement, and others were dropped and did not come up for a vote, as implied by the agreement.


As a result of this agreement, Owen was confirmed 55-43, Brown was confirmed 56-43, and Pryor was confirmed 53-45.


Differing standards for consent

The arguments for or against the nuclear option are essentially over whether a simple majority (51/100) (or 50/100 with the Vice President breaking the ties) of the Senate should be able to confirm a judicial nominee, or whether a three-fifths vote (60/100) should be required, as required for passage of a large amount of Senate business.


Simple majority

The U.S. Constitution does not explicitly require either a two-thirds or three-fifths or majority vote for confirmation of nominees. Supporters of this standard believe it implies that a simple majority is sufficient; they contrast this against the Constitution's language for Senate confirmation of treaties, which appears within the same clause, explicitly requiring a two-thirds majority. Art. II, Sect. 2, Cl. 2


Therefore, supporters argue that the nuclear option would bring current rules in line with the framers' original intent. Because of this, many supporters now prefer to call the nuclear option the "constitutional option". They argue that the filibuster of Bush's nominees effectively establishes precedent for a 60 vote threshold[53][54][55] for approval of judicial nominees instead of the 50 vote standard required by an up-or-down vote.[56] A number of existing Judges and Justices[57] were confirmed with fewer than 60 votes, including Supreme Court Justice Clarence Thomas (confirmed in a 52-48 vote in 1991).[58] Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ...


However, opponents of the nuclear option point to Senator Bill Frist's vote to filibuster Paez in 2000 as evidence that Frist does in fact support the idea of a 60-vote threshold when it suits him. When a vote for cloture on the confirmation of Paez was called, 14 Senators voted to continue the filibuster, including Frist.[59] They also argued that the term "advice and consent" is vague and does not specify a need for an up or down vote.


Three-fifths majority

Democrats claim the nuclear option is an attempt by Senate Republicans to hand confirmation power to themselves. Rather than require the President nominate someone who will get broad support in the senate, the nuclear option would allow Judges to not only be "nominated to the Court by a Republican president, but also be confirmed by only Republican Senators in party-line votes."[60][61]


Republicans retort that they have been winning the elections and in a democracy the winners rule, not the minority, and that the Constitution has several supermajorities (such as 2/3 needed to ratify a treaty), and that the Founders did not put in a 3/5 or any supermajority for confirmations. The Republicans claim that the Constitution has always assumed a majority vote for confirmations, and that "advise and consent" is a positive mandate for holding a vote. Furthermore, Republicans note that they have voted for all qualified and ethical nominees that Democratic Presidents have nominated while Democrats have repeated voted based on ideology. Notably Republicans supported Ginsburg despite being a lawyer for the ACLU while Democrats opposed Judge Bork and Judge Thomas on ideological grounds. Republicans have pointed out that there is a concern that a new ideological test will be standard in future nominations.


Of the 9 U.S. Supreme Court Justices seated as of May 2005, 6 were confirmed with the support of 90 or more Senators, 2 were confirmed with at least the support of 60 senators, and only 1 (Thomas) was confirmed with the support of fewer than 60 Senators. Democrats, however, refused to vote for nominees who were ethical and qualified due to ideological disagreement. Thus, both of President Bush's nominees were confirmed with less than 70 votes. Also qualified conservative nominees for Appellate Courts that were given a vote through the "Gang of 14" were confirmed by narrow votes: Priscilla Owen was confirmed 55-43, Janice Rogers Brown was confirmed 56-43, and William Pryor was confirmed 53-45.

Name Date confirmed / elevated Senate vote Senate minority President Reference
June 2005 Supreme Court Justices
Stevens December 17, 1975 unanimous Republican Gerald Ford, R [62]
O'Connor September 21, 1981 unanimous Democratic Ronald Reagan, R [63]
Scalia September 17, 1986 unanimous Democratic Ronald Reagan, R [64]
Rehnquist September 17, 1986 65-33 Democratic Ronald Reagan, R [65]
Kennedy February 3, 1988 unanimous Republican Ronald Reagan, R [66]
Souter October 2, 1990 90-9 Democratic George H. W. Bush, R [67]
Thomas October 15, 1991 52-48 Republican George H. W. Bush, R [68]
Ginsburg August 3, 1993 97-3 Republican William Clinton, D [69]
Breyer July 29, 1994 87-9 Republican William Clinton, D [70]
Bush nominees
Priscilla Owen May 25, 2005 55-43 [71]
Janice Rogers Brown June 8, 2005 56-43 [72]
William H. Pryor June 9, 2005 53-45 [73]

The text of the Constitution requires a two-thirds majority in the Senate for confirming treaties,[74] expelling one of its members,[75] and concurring in the proposal of Constitutional Amendments.[76] In all other matters, the Constitution gives the Senate the power to make its own rules.[77] Starting with the first Senate in 1789, the rules left no room for a filibuster; a simple majority could move to bring the matter to a vote. However, in 1806, the rule allowing a majority to bring the previous question ceased to exist. The filibuster became possible, and since any Senator could now block a vote, 100% support was required to bring the matter to a vote. A rule change in 1917 introduced cloture, permitting a two-thirds majority to end debate, and a further change in 1975 reduced the cloture requirement to three-fifths. Supporters of the right to filibuster argue that the Senate has a long tradition of requiring broad support to do business, due in part to the threat of the filibuster, and that this protects the minority. 1789 was a common year starting on Thursday (see link for calendar). ... 1806 was a common year starting on Wednesday (see link for calendar). ... 1917 (MCMXVII) was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the 13-day slower Julian calendar (see: 1917 Julian calendar). ... In parliamentary procedure, cloture (pr: KLO-cher) (also called closure, and sometimes a guillotine) is a motion or process aimed at bringing debate to a quick end. ... 1975 (MCMLXXV) was a common year starting on Wednesday. ...


Other controversies

Advice and consent

Supporters of the nuclear option claim that Democrats are obstructing the approval of the president's nominees in violation of the intent of the U.S. Constitution. President Bush has nominated forty-six candidates to federal appeals courts. Thirty-six had been confirmed. 10 were blocked and 7 were renominated in Spring 2005. Democrats point out that 63 of President Clinton's 248 nominees (40 of which were federal appeals court nominees) were blocked via procedural means at the committee level, denying them a confirmation vote and leaving the positions available for Bush to fill.[78]


Opponents contend that Article II, Section 2, of the U.S. Constitution says the president "shall nominate, and by and with the Advice and Consent of the Senate, ... shall appoint Judges..."[79] and that the word "Advice" speaks to consultation between the Senate and the President with regard to the use of the president's power to make nominations. US Capitol Building. ...


Polling indicates public support for an active Senate role in this "advice and consent" capacity. An Associated Press-Ipsos poll released May 20, 2005, found 78 percent of Americans believe the Senate should take an "assertive role" examining judicial nominees rather than just give the president the benefit of the doubt.[80] Democratic pollster Westhill Partners found that only 30 percent of Americans approve changing "the rules to require only 51 votes to end a filibuster — thereby eliminating the current system of checks and balances on the majority party."[81]


The agreement to stave off the "nuclear option" reached by 14 moderate Senators supports a strong interpretation of Advice and Consent from the Constitution:[82]

We believe that, under Article II, Section 2, of the United States Constitution, the word "Advice" speaks to consultation between the Senate and the President with regard to the use of the president's power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.

Partisan appointments

Some fear the nuclear option will allow the courts to be "packed" by a party that controls the other two branches of the government. As of April 2005, Republican presidents (who have occupied the White House for 24 of the past 36 years) have appointed a majority of the judges in 10 of the 13 federal appeals courts, seven of the nine justices on the Supreme Court and all four of the chief justices since the Truman administration. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Chief Justice of the United States is the head of the judicial branch of... For the victim of Mt. ...


In 1937, Franklin Delano Roosevelt, a Democrat, sought to alter the court through the Judiciary Reorganization Bill of 1937 (a.k.a. "the court-packing plan"). Noting that the Constitution does not specify a number of Supreme Court justices, the bill would have added a seat for every justice over the age of 60, creating a new majority on the Court. Roosevelt allowed the bill to be scuttled after Justice Owen Roberts began upholding the constitutionality of his New Deal programs. Franklin Delano Roosevelt (January 30, 1882–April 12, 1945), 32nd President of the United States, the longest-serving holder of the office and the only man to be elected President more than twice, was one of the central figures of 20th century history. ... The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a proposal and signed into law in 1937 by United States President Franklin Roosevelt for power to appoint an extra Supreme Court Justice for every sitting Justice over the age of 70 and six months. ... Owen Josephus Roberts (May 2, 1875 – May 17, 1955) was an Associate Justice of the United States Supreme Court for fifteen years. ... The New Deal was the title President Franklin D. Roosevelt gave to the series of programs initiated between 1933–1938 with the goal of relief, recovery and reform of the United States economy during the Great Depression. ...


The nuclear option by itself is a significantly less drastic strategy, only allowing the majority to fill existing vacancies on the Court. However, if the two strategies are combined, a party which controlled the Presidency and had a simple majority in both houses of Congress, as FDR's Democrats did in 1937, could quickly gain control of the Court as well. The presidential seal was first used in 1880 by President Rutherford B. Hayes and last modified in 1959 by adding the 50th star for Hawaii. ... Type Bicameral Houses Senate House of Representatives United States Senate Majority Leader Harry Reid, D since January 4, 2007 Speaker of the House Nancy Pelosi, D since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of November 7, 2006 elections) Democratic Party Republican...


Legitimacy of filibustering judicial nominees

In response to claims that the filibuster of judicial nominees is unconstitutional, opponents point out that the Constitution requires two-thirds majorities for actions such as treaty ratification and proposed constitutional amendments and is silent on what kind of vote is required for other matters. Instead, Article I, Section V of the Constitution permits and mandates that each house of Congress set up its own rules. Republicans counter that the fact that the Constitution's Appointment's Clause does not impose a three-fifths majority requirement for the Senate's "advice and consent" function in considering the President's judicial (and executive branch) nominees is, itself, evidence that the Framers consciously rejected such a requirement.[83] Republicans also state that the general rule in Parliamentary systems "is that majorities govern in a legislative body, unless another rule is expressly provided."[84] Critics point out that the Senate is a less-than-democratic body that could conceivably allow a majority of senators, representing a minority of the national population, to enact legislation or confirm appointees lacking popular support. Page one of the original copy of the Constitution. ...


Republicans point out that several Democrats once opposed the filibuster on judicial nominees, and have only recently changed their views as they have no other means of stopping Bush's judicial appointees.[85][86][87]


Republicans were staunch supporters of the filibuster when they were a minority party and frequently employed it to block legislation. Republicans continue to support the filibuster for general legislation--the current Republican leadership insists the proposed rule change only affect judicial nominations. According to the Democrats, arguments that a simple majority should prevail apply equally well to all votes where the Constitution does not specify a three-fifths majority. Republicans state that there is a difference between the filibustering of legislation -- which affects only the Senate's own constitutional prerogative to consider new laws -- and the filibustering of a President's judicial or executive nominees, which arguably impinges on the constitutional powers of the Executive branch.


Other uses of "nuclear option"

Beyond the specific context of U.S. federal judicial appointments, the term "nuclear option" has come to be used generically for a procedural maneuver with potentially serious consequences, to be used as a last resort to overcome political opposition. In a recent legal ruling on the validity of the Hunting Act 2004 (Jackson and others v. Her Majesty's Attorney General [2005] UKHL 56, 13 October 2005), the UK House of Lords used "nuclear option" to describe the possibility of creating hundreds of new Liberal peers, which the government threatened to do in order to force the Tory-dominated Lords to accept the Great Reform Act in 1832. The Hunting Act 2004 is an Act in the United Kingdom passed in 2004. ... October 13 is the 286th day of the year (287th in leap years) in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as the Lords. The Sovereign, the House of Commons (which is the lower house of Parliament and referred to as the Commons), and the Lords together comprise the Parliament. ... This article is about the historic Liberal Party. ... For other uses, see Tory (disambiguation). ... The Representation of the People Act 1832, commonly known as the Reform Act 1832, was an Act of Parliament that introduced wide-ranging changes to the electoral system of the United Kingdom. ...


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  82. ^ http://legalaffairs.org/howappealing/USSenateJudgesDeal.pdf PDF
  83. ^ http://www.nationalreview.com/comment/forsythe200505170855.asp
  84. ^ http://www.nationalreview.com/comment/forsythe200505170855.asp
  85. ^ http://www.blogsforbush.com/mt/archives/004252.html
  86. ^ http://www.cornyn.senate.gov/namethatspeaker/
  87. ^ http://www.opinionjournal.com/columnists/pdupont/?id=110006610

Portable Document Format (PDF) is a file format created by Adobe Systems in 1993 for desktop publishing use. ... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to... Portable Document Format (PDF) is a file format created by Adobe Systems in 1993 for desktop publishing use. ... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to... Portable Document Format (PDF) is a file format created by Adobe Systems in 1993 for desktop publishing use. ... Portable Document Format (PDF) is a file format created by Adobe Systems in 1993 for desktop publishing use. ... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to... Portable Document Format (PDF) is a file format created by Adobe Systems in 1993 for desktop publishing use. ... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to... Portable Document Format (PDF) is a file format created by Adobe Systems in 1993 for desktop publishing use. ... Portable Document Format (PDF) is a file format created by Adobe Systems in 1993 for desktop publishing use. ...

See also

In parliamentary procedure, cloture (pr: KLO-cher) (also called closure, and sometimes a guillotine) is a motion or process aimed at bringing debate to a quick end. ... As a form of obstructionism in a legislature or other decision making body, a filibuster is an attempt to extend debate upon a proposal in order to delay or completely prevent a vote on its passage. ... The appointment of federal judges has become viewed as a political process in the last several decades. ...

External links

Opposed to the nuclear option

  • Center for American Progress: Nuclear Option Resource Guide
  • CivilRights.org: a coalition representing 180 national organizations
  • Filibusterfrist.com: Coverage of students' protests against the nuclear option at Princeton and elsewhere
  • Home Page for Senate Democratic Leader Harry Reid (D-Nev)
  • Independent Judiciary
  • Senator Reid's Letter to Bill Frist
  • Washington Post article on Republican's 1968 Fortas filibuster
  • Hatching a New Filibuster Precedent: The Senator from Utah's Revisionist history John Dean writes for FindLaw arguing that Orrin Hatch has attempted to mischaracterise the Abe Fortas nomination filibuster.
  • Revenge of the Frist
  • MoveOn.org Emergency Petition to Save the Courts

Myth and fact sheets

  • Filibustering the Truth
  • People For the American Way - Fact versus Myth: The Truth about the Nuclear Option

In support of the nuclear option

  • Article in Harvard Journal of Law & Public Policy -- Article on the history of the constitutional option, arguing that it is firmly grounded in Senate history (PDF file)
  • Confirm Them
  • Home Page for Senate Republican Leader Bill Frist (R-TN)
  • National Review's Bench Memos
  • Senator George Allen (R-VA) Calls Democrats Bluff
  • UpOrDownVote.com
  • The Committee for Justice
  • The Politburo Diktat

Myth and fact sheets

  • UporDownvote.com Myth-Fact: Judicial Nominees

Other

  • David Law & Lawrence B. Solum, "Judicial Selection, Appointments Gridlock, and the Nuclear Option," (April 14, 2006).
  • History of U.S. House Committee on Rules
  • History of U.S. Senate Committee on Rules and Administration
  • Standing Rules of The Senate
  • M. Gold & D. Gupta, The Constitutional Option to Change Senate Rules and Procedures: a Majoritarian Means to Overcome the Filibuster in the Harvard Journal of Law and Public Policy; 28 Harvard Journal of Law & Public Policy 205 (2004).
  • TIME: The Filibuster Formula
  • Politics and justice for all: Court nomination fights predate Bork, Thomas

  Results from FactBites:
 
Nuclear option (filibuster) - Wikipedia, the free encyclopedia (5001 words)
The nuclear option, sometimes called the "constitutional option," or the "Byrd" option, is a method by which changes can be made to the standard parliamentary procedure of the United States Senate by a simple majority vote, contrary to the requirements of the written rules.
The parliamentary maneuver now dubbed the "nuclear option" has been used in the past, most notably by then-Democratic majority leader Robert Byrd in 1977, 1979, 1980, and 1987[1], when he employed it to end various dilatory tactics which Republican minorities were using to block legislation.
Supporters of the nuclear option claim that Democrats are obstructing the approval of the president's nominees in violation of the intent of the U.S. Constitution.
The Nuclear Option (The Anthropik Network) (3726 words)
Nuclear power has, ironically enough, become the new panacea touted by environmentalists and the Bush administration--two groups one rarely finds on the same side of any issue.
First, it is worth noting that nuclear power belongs under the broader heading of a "techno-fix," and thus inherits all the drawbacks shared by all members of that class, as discussed in thesis #16, including unintended consequences and susceptibility to Jevons Paradox.
Nuclear energy would be a terrible idea, with long-ranging consequences for the human species and all life on earth; fortunately for us, it will be impossible to achieve on the scale required to result in such terrible ends.
  More results at FactBites »


 

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