Senate Majority Leader’s Strategy on Filibuster
In 2013, Senate majority leader Harry Reid (D-Nev.) initiated the first “nuclear option” by limiting the filibuster for most administrative confirmations, ignoring its application for Supreme Court nominees. Then, in 2017, former Senate majority leader Mitch McConnell (R-KY.) employed a similar tactic to confirm Justice Neil Gorsuch, again easing the filibuster threshold for Supreme Court appointments.
Current Developments in the Senate
Now, Senate majority leader John Thune (R-S.D.) appears poised to make significant moves this week, potentially setting off what many would call a “nuclear option” of his own.
Following the lead of Reid and McConnell, Thune plans to modify Senate precedents—not outright rules—to facilitate the confirmation of lower-level candidates. Importantly, this plan does not extend to judges or cabinet members.
Thune is expected to introduce a resolution that would expedite the confirmation of around 40 nominees. Typically, overcoming a filibuster requires 60 votes, which seems unlikely. However, that’s precisely the outcome Thune is aiming for.
Potential Implications
In the realm of Senate proceedings, the stakes are high. While discussions abound, it’s often the failures that draw scrutiny. If the attempt to close off debate falters, Thune anticipates that the Senate will still express support for his proposed approach.
During the roll call, if Thune manages to defeat the filibuster, he could flip his vote from “yes” to “no.” This is allowed under Senate rules, indicating a shift in his stance even after a supportive vote.
Such a maneuver could paralyze the Democrats, rendering them ineffective as they find themselves unable to contest Thune’s strategy effectively.
A New Precedent?
Thune argues that resolutions like his should not be held to the 60-vote requirement to overcome filibusters, asserting that a simple majority should suffice—a claim that diverges from previous interpretations.
If 51 senators back his view in a vote against the chair’s ruling, a new precedent could be set, lowering the threshold for such resolutions from 60 votes to just 51.
Following such a shift, Thune would need to initiate additional proceedings to defeat the filibuster again, potentially allowing discussions on the candidates by mid-month. It’s a complex game, and the outcome remains uncertain, but Thune’s intentions are clearly laid out.
