ConfirmThem

By AndrewHyman Posted in Senate Rules — Comments () / Email this page » / Leave a comment »

According to The Hill, Senator Rick Santorum says that the nuclear/Byrd/constitutional option is very much alive, and inevitably will be used if a compromise is not reached soon with Democrats. Apparently, Senators Trent Lott and Ben Nelson are negotiating a deal to present to their respective party leaders.

Suppose the deal falls through, and the mild-mannered physician from Tennessee does go "nuclear." How would that play out? It depends on the type of nuclear device we're talking about. If the result is that the minority is still allowed to debate nominations for many months (perhaps even a year) before the filibuster is shut down, then that would probably play well with the public. But if they're only allowed to debate for a few days, then it would not play well.

There is also the secondary issue of whether the rules are amended by circumventing the 2/3 vote described in Rule 22, or whether the rules are instead simply reinterpreted in a credible way. The public would probably prefer the latter. I personally think Rule 31 provides a basis for a credible reinterpretation, as debated here at confirmthem. Interestingly, the article in The Hill notes that Senator Lott is urging a solution that does not entail "a permanent change of the rules." But if a rule change is needed, then maybe the public would be supportive, whether the change is accomplished by circumventing Rule 22 or not.