Here's why the Senate's 'nuclear option' might be key to Neil Gorsuch's Supreme Court confirmation

[babylonsister]

http://www.usatoday.com/story/news/politics/2017/03/27/what-is-the-nuclear-option/99699538/

Here's why the Senate's 'nuclear option' might be key to Neil Gorsuch's Supreme Court confirmation
Erin Kelly , USA TODAY Published 5:56 p.m. ET March 27, 2017 | Updated 7:13 p.m. ET March 27, 2017


WASHINGTON — The U.S. Senate may be about to "go nuclear" to ensure that Supreme Court nominee Neil Gorsuch is confirmed.

With Minority Leader Chuck Schumer, D-N.Y., urging his colleagues to block an up-or-down vote on Gorsuch, Republican leaders are considering using the "nuclear option" to change Senate rules so the judge can be confirmed without the support of a single Democratic senator.

Senate procedure requires an agreement to move any issue to the floor for a vote. If some senators — or even one senator — object, they can just keep talking to delay a vote. That's a filibuster. To stop a filibuster, 60 senators have to vote to stop the filibuster. That's called a "cloture" vote. If they can't get 60 votes for cloture, the Senate can't schedule a vote on the underlying issue.

What is the "nuclear option"?

It is a Senate rule that strips the minority party of the power to use a filibuster to block confirmation of a presidential nominee; instead of 60 votes, supporters need only 51 to confirm the nominee.
Is the nuclear option already being used in the Senate?

Yes. In 2013, then-Senate majority leader Harry Reid, D-Nev., persuaded his fellow Democrats to approve the rule change because he was frustrated that Republicans kept blocking President Obama's judicial nominees. The move was denounced by Republicans as a power grab by the Democrats. The change allowed the majority party to confirm Cabinet secretaries and federal court judges without any support from the minority, and without a cloture vote. However, there was one big exception: It did NOT apply to Supreme Court nominees.

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Will Republicans do that?

That's the big question. So far, McConnell has refused to say. However, the majority leader has made statements declaring that Trump's choice will definitely be confirmed, leading to speculation that he will invoke the nuclear option to ensure that his prediction comes true. But McConnell will likely try first to convince eight Democrats — including those most vulnerable in next year's congressional elections — to support Trump's choice. Trump has urged McConnell to employ the nuclear option if Democrats try to block the nominee. But McConnell has made it clear that the choice is up to senators, not the White House.

Isn't using the nuclear option risky for Republicans?

Yes. It would set a precedent that Democrats could use against Republicans the next time that Democrats hold the Senate majority and a Supreme Court nominee is being confirmed. Reid's decision to use the nuclear option to confirm non-Supreme Court nominees has already been used against Democrats by GOP leaders, who are relishing turning the tables on their Democratic colleagues to confirm Trump's Cabinet nominees.

[mr_liberal]

1. The problem is Republicans would only need 51 votes for the next nomination

when the filibuster might work since the next nomination could be for Ginsburg or Kennedy and would change the balance of the court.

[yallerdawg]

3. What would stop them then?

Would they let the Democrats pick one so it remains conservative rather than more conservative?

I don't think so.

[mr_liberal]

5. They did before.

Kennedy was picked instead of Bork.

Kennedy is not conservative. He's pro-choice, pro gay rights, and good on a lot other civil liberty issues.

[yallerdawg]

6. Actually, Bork is referenced by the Senate Republicans...

as when the cordialness regarding Supreme Court picks ended.

Also, we held the majority in the Senate at that time.

[mr_liberal]

7. If you cant nuke the filibuster though, you have to bring up another nominee. nm

[Wellstone ruled]

2. This is a done deal.

McConnell had this in mind since July of last year. When the Hacks happened,he basically said this with his complete shut down of any Supreme Court Nominee during Obama's Presidency.

[beachbum bob]

4. if senate conservatives wish to set the precendent, fine...2018 control swings to dems...and with

no filibuster in place...conservatives might as well not come to DC as they will have zero power...and why the nuclear option won't happen