Senate Majority Leader John Thune is poised to take a significant step in the confirmation process for lower-level nominees. He plans to utilize a parliamentary maneuver known as the nuclear option. This term refers to the decision to lower the threshold needed to proceed with confirmations, a strategy previously employed by both Harry Reid and Mitch McConnell.
In 2013, Reid first invoked the nuclear option, changing the rules to expedite the confirmation of executive branch nominees, with the exception of Supreme Court justices. Four years later, McConnell eliminated the filibuster for judicial nominees, allowing for easier paths to confirmation for Supreme Court appointees. Now, Thune looks to follow this precedent to address the backlog of President Trump’s nominees, especially as his administration’s slate builds up.
Thune’s move this week will involve the introduction of a resolution aimed at speeding up the confirmation of approximately 40 nominees. A procedural vote will be necessary to break the filibuster on this resolution, requiring 60 votes to succeed—a threshold the Senate currently struggles to meet.
However, Thune seems to be strategically preparing for failure. By design, a failed vote to break the filibuster puts the Senate in a unique position. It sets the stage for Thune to call for a revote by switching his voting stance from ‘yes’ to ‘no.’ This maneuver can exploit Senate rules, allowing him to demand a reevaluation of the vote, a tactic not often utilized.
Next, Thune intends to make a point of order asserting that the resolution for this batch of nominees ought to require only a simple majority to break the filibuster. This assertion will undoubtedly face pushback from the chair, likely Chuck Grassley or Vice President Vance. Traditionally, Senate rules dictate a 60-vote requirement for such resolutions, which adds an element of contention to Thune’s strategy.
As Thune pushes for a vote to overturn the chair’s ruling, he is banking on a sufficient number of senators siding with his interpretation that a simple majority is adequate. If he convinces 51 senators to align with his view, Thune will effectively create a new precedent. This would significantly expedite the process by allowing more nominees to be confirmed in a single attempt rather than through a drawn-out individual confirmation process.
This approach signals a shift in how the Senate may handle confirmations moving forward, particularly concerning lower-level nominees. The outcome of Thune’s gambit could reshape the Senate’s operational dynamics, impacting the future of nominations and possibly changing how parties handle filibusters altogether.
Thune’s strategy highlights an ongoing struggle within the Senate—a struggle reflective of broader political dynamics and the urgency felt by the Trump administration to make timely appointments. As parties vie for control and influence, the potential shift in filibuster rules could lead to faster confirmations while also raising questions about the implications on bipartisan cooperation in the Senate.
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