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Late Senate Majority Chief Harry Reid (D-Nev.) detonated the primary Senate “nuclear choice” in 2013, curbing the filibuster to substantiate government department nominees – aside from the Supreme Court docket.
Former Senate Majority Chief Mitch McConnell (R-Ky.) ignited the second “nuclear choice” in 2017 to substantiate Supreme Court docket Justice Neil Gorsuch, and decrease the filibuster bar for nominations to the Excessive Court docket.
THUNE LAYS GROUNDWORK FOR NUCLEAR OPTION IN SENATE FIGHT OVER TRUMP NOMINEES
Now, Senate Majority Chief John Thune (R-S.D.) is more likely to detonate the parliamentary equal of a “suitcase nuke” later this week.
Thune will observe the playbook established by Reid and McConnell to change the Senate precedent (not a guidelines change) to expedite the affirmation of lower-level nominees in teams. This plan won’t embrace judges nor cupboard secretaries.
U.S. Senator Mitch McConnell (R-KY) speaks on behalf of considered one of U.S. President Donald Trump’s judicial nominees throughout a Senate Judiciary Committee affirmation listening to on Capitol Hill in Washington, D.C., U.S., July 30, 2025. REUTERS/Elizabeth Frantz (REUTERS/Elizabeth Frantz)
Thune units his gambit into movement tonight by introducing a decision to hurry up a slate of about 40 nominees. By rule, the Senate will take a procedural vote to interrupt a filibuster on his decision to substantiate the batch of nominees on Thursday. That wants 60 yeas. The Senate gained’t get 60 yeas.
However that is EXACTLY the situation that Thune needs.
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The coin of the realm within the Senate is limitless debate. However the one time it CAN’T DEBATE SOMETHING is when a problem fails. So a FAILED vote to interrupt the filibuster backs the Senate into the precise parliamentary cul-de-sac which Thune needs.
On the finish of the roll name vote, Thune will seemingly swap his vote from sure to no on breaking the filibuster. That’s as a result of Senate guidelines permit a senator to demand a re-vote if they’re on the prevailing aspect of the difficulty. On this case, Thune is all of a sudden with the “noes,” although he initially voted sure to interrupt the filibuster.
By doing so, Thune can then order a revote on the failed vote. And for the reason that Senate is on this distinctive posture of not permitting any debate, Democrats are paralyzed. They will’t do something to cease Thune from what he plans subsequent.
Thune will then make a degree of order.
Thune will assert that on a decision just like the one he drafted, a bloc of lower-level nominees (e.g. – those now earlier than the Senate) doesn’t want 60 votes to interrupt a filibuster. The chair – doubtlessly Senate President Professional Tempore Chuck Grassley (R-Iowa) and even Vice President Vance, who’s the President of the Senate – will rule that Thune is mistaken. Senate guidelines and precedent DO require 60 votes to interrupt a filibuster on any such decision.
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Thune will then demand a vote OVERTURNING what the the chair dominated. He’ll assert {that a} easy majority is critical for any such decision – although that’s by no means been the case earlier than.
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The Senate will vote. And if 51 senators vote in favor of ruling in opposition to the chair, the Senate can have established a brand new precedent for decreasing the edge from 60 to 51 on any such decision – shortly transferring a batch of nominees abruptly.
As soon as the Senate does that, Thune might want to arrange ANOTHER procedural vote below the NEW provisions to interrupt a filibuster on Monday, September 15. That may allow the Senate to substantiate the entire nominees in query – in a single fell swoop – on Wednesday, September 17.
