Tuesday, December 21, 2004
Nuclear Option
WASHINGTON -- A scenario for an unspecified day in 2005: One of President Bush's judicial nominations is brought to the Senate floor. Majority Leader Bill Frist makes a point of order that only a simple majority is needed for confirmation. The point is upheld by the presiding officer, Vice President Dick Cheney. Democratic Leader Harry Reid challenges the ruling. Frist moves to table Reid's motion, ending debate. The motion is tabled, and the Senate proceeds to confirm the judicial nominee -- all in about 10 minutes.
Robert Novak: This is the so-called "nuclear option" that creates fear and loathing among Democrats and weak knees for some Republicans, including conservative opinion leaders.
Ever since Frist publicly embraced the nuclear option, he has been accused of abusing the Senate's cherished tradition of extended debate. In truth, during six years as majority leader, Democrat Robert C. Byrd four times detonated the nuclear option to rewrite Senate rules.
Thus, Frist would set no precedent, would not contradict past Republican behavior and would not strip the GOP of protection as a future Senate minority. The question is whether Republican senators will flinch from the only maneuver open to confirm Bush's judges.
Frist drew a line in the sand Nov. 11 in addressing the conservative Federalist Society: "One way or another, the filibuster of judicial nominees must end." The way he indicated was a rules change -- the nuclear option.
That generated speculation that, when the new Senate convenes on Jan. 4, the Republican leadership will propose a rules change. Reid, the Senate's reigning master of parliamentary tactics, has promised to "screw things up" by bringing the chamber's activities to a standstill.
Frist would only tell me he wants "a full set of options, ready and available." However, Senate sources believe Frist will bide his time on opening day and wait to make a point of order to change the rules.
WASHINGTON -- A scenario for an unspecified day in 2005: One of President Bush's judicial nominations is brought to the Senate floor. Majority Leader Bill Frist makes a point of order that only a simple majority is needed for confirmation. The point is upheld by the presiding officer, Vice President Dick Cheney. Democratic Leader Harry Reid challenges the ruling. Frist moves to table Reid's motion, ending debate. The motion is tabled, and the Senate proceeds to confirm the judicial nominee -- all in about 10 minutes.
Robert Novak: This is the so-called "nuclear option" that creates fear and loathing among Democrats and weak knees for some Republicans, including conservative opinion leaders.
Ever since Frist publicly embraced the nuclear option, he has been accused of abusing the Senate's cherished tradition of extended debate. In truth, during six years as majority leader, Democrat Robert C. Byrd four times detonated the nuclear option to rewrite Senate rules.
Thus, Frist would set no precedent, would not contradict past Republican behavior and would not strip the GOP of protection as a future Senate minority. The question is whether Republican senators will flinch from the only maneuver open to confirm Bush's judges.
Frist drew a line in the sand Nov. 11 in addressing the conservative Federalist Society: "One way or another, the filibuster of judicial nominees must end." The way he indicated was a rules change -- the nuclear option.
That generated speculation that, when the new Senate convenes on Jan. 4, the Republican leadership will propose a rules change. Reid, the Senate's reigning master of parliamentary tactics, has promised to "screw things up" by bringing the chamber's activities to a standstill.
Frist would only tell me he wants "a full set of options, ready and available." However, Senate sources believe Frist will bide his time on opening day and wait to make a point of order to change the rules.
