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In the United States Senate, the nuclear option is a parliamentary procedure that allows the Senate to override a standing rule by a simple majority, avoiding the two-thirds[1] supermajority normally required to invoke cloture on a measure amending the Standing Rules. The term "nuclear option" is an analogy to nuclear weapons being the most extreme option in warfare.
The nuclear option can be invoked by a senator raising a point of order that contravenes a standing rule. The presiding officer would then overrule the point of order based on Senate rules and precedents; this ruling would then be appealed and overturned by a simple majority vote (or a tie vote), establishing a new precedent. The nuclear option is made possible by the principle in Senate procedure that appeals from rulings of the chair on points of order relating to nondebatable questions are themselves nondebatable.[2]: 725 The nuclear option is most often discussed in connection with the filibuster. Since cloture is a nondebatable question, an appeal in relation to cloture is decided without debate. This obviates the usual requirement for a two-thirds majority to invoke cloture on a resolution amending the Standing Rules.
The nuclear option was notably invoked on November 21, 2013, when a Democratic majority led by Harry Reid used the procedure to reduce the cloture threshold for nominations, other than nominations to the Supreme Court, to a simple majority.[3] On April 6, 2017, the nuclear option was used again, this time by a Republican majority led by Mitch McConnell, to extend that precedent to Supreme Court nominations, in order to enable cloture to be invoked on the nomination of Neil Gorsuch by a simple majority.[4][5][6]
The use of the nuclear option to abolish the 60-vote threshold for cloture on legislation has been proposed, but not successfully effected.
- ^ "Filibusters and Cloture in the Senate". Washington, D.C.: Congressional Research Service.
- ^ Riddick, Floyd M. (1992). Riddick's Senate Procedure. Washington, D.C.: Government Printing Office.
- ^ "Nuclear option: Why Trump's Supreme Court pick needs only 51 votes". cbsnews. July 9, 2018. Retrieved December 27, 2018.
- ^ "McConnell went 'nuclear' to confirm Gorsuch. But Democrats changed Senate filibuster rules first". nbcnews. June 28, 2018. Retrieved December 27, 2018.
- ^ "Republicans go 'nuclear,' bust through Democratic filibuster on Gorsuch". Fox News. April 6, 2017. Retrieved December 27, 2018.
- ^ "Senate approves 'nuclear option,' clears path for Neil Gorsuch Supreme Court nomination vote". ABC News. April 6, 2017. Retrieved December 27, 2018.