NO NUKES

James Joyner | Tuesday, July 29, 2003

The Hill reports that Sen. Frist and the Republicans have decided against using the so-called nuclear option to break Democratic filibusters of judicial nominees. The rationale is that this would likely derail other important legislation that they’d like to pass. If employed at all, the tactic will be reserved for late in the session after those bills have been voted upon.

The nuclear option, which has been floated by Frist, Sen. Trent Lott (R-Miss.) and other Republicans, is a parliamentary device aimed at halting Democratic filibusters of judicial nominations. It would seek a ruling from the Senate parliamentarian that the filibuster of executive nominations is unconstitutional.

It is possible that the parliamentarian would advise the chairman to rule against the GOP. In that case, Republicans could force a vote overruling the chairman, ramming through the decision on a simple majority vote.

Democrats have warned that such hardball parliamentary tactics could cause a meltdown in the Senate — hence the use of the term “nuclear,” which Republicans once embraced but now usually try to avoid. Another option would be to try to change the Senate’s rules, but such an effort would face long odds in the Senate.

Of course, they’re dangerously close to meltdown as it is.

(Hat tip: Howard Bashman)

About the Author: James Joyner is the publisher of Outside the Beltway and the managing editor of the Atlantic Council. He's a former Army officer, Desert Storm vet, and college professor with a PhD in political science from The University of Alabama. He lives just outside the Beltway in Alexandria, Virginia with his wife and infant daughter.

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