The Nuclear Option - Something to think about

[burythehatchet]

Dick Cheney will be front and center in front of the world, pushing the button. It will be an interesting moment.

[Maraya1969]

1. I thought the Senate can refuse it now matter how much jumping up

and down anyone does.

[TallahasseeGrannie]

2. Would somebody review

exactly what the definition is for the Nuke option and how many votes it would need? I need a refresher course.

[Tab]

4. I think that with a simple majority

they can change the senate rules to eliminate, if that's correct, the ability to filibuster.

Of course, when they're in the minority again, they may well be wishing they hadn't done that.

[burythehatchet]

5. It refers to the Senate changing the rules of consent

Right now a super majority is needed to shut down a filibuster, the senate majority would move to needing only a majority. Dick Cheney as the constitutional head of the senate would have to make a ruling after the Democrats object to the change. When he makes that ruling he is pushing the button.

[Geoff R. Casavant]

6. Here's what it is, IIRC

The other posts come close but don't quite hit the mark.

This is a good explanation I got from what I think is a RW site (although they describe themselves as non-partisan), but I removed the obviously partisan parts:

From www.cfif.org:

"Majority Leader Frist could raise a “point of order” and say that debate had gone on long enough and that opponents of the nominee are only continuing the debate in order to avoid a final vote. Frist would then ask the Senate’s presiding officer to decide whether or not this is the case. Because the U.S. Constitution names the Vice President of the United States as the presiding officer of the Senate, Vice President Cheney will likely be responsible for ruling on Frist’s question.

Assuming that the Vice President agrees with Senator Frist, Mr. Cheney would rule that a final vote on the nominee must occur within a set period of time.

Under parliamentary rules, the Democrats could try to appeal Vice President Cheney’s decision to the full Senate. However, Senator Frist would ask the Senate to reject this appeal by making a motion to “table” it.

Critically, Senator Frist’s motion to table is not debatable under the rules, which means that a majority, or 51 votes, will be enough for Senator Frist to prevail. (If the motion were “debatable,” it would require 60 votes for Senator Frist to prevail.)

The entire issue will be settled on this crucial vote. If Senator Frist can get 51 votes in favor of his motion to table, the Senate will, almost immediately, hold a simple up-or-down vote on the judicial nomination then being considered. In addition, under Senate rules, Vice President Cheney’s ruling that debate on judicial nominees should be limited will become a binding precedent that will apply to future Senate deliberations on judicial nominations. That means that Senators won’t be allowed to filibuster future judicial nominations, guaranteeing simple up-or-down votes once their confirmations reach the Senate floor. Filibusters of legislation would be preserved.

If Senator Frist’s motion to table is defeated, he will be unable to overcome the Democrats’ filibuster . . ."

[Walt Starr]

7. And after that, the minority will shut down everything in the Senate

The filibuster was put in plce to stop small minorities from effectively shutting down the Senate via procedural moves. If a procedural move is used to dump the filibuster, all hell breaks loose and the Senate never accomplishes another thing. The reason this was called the nuclear option is because it mimics the state of mutually assured destruction that held the cold war from going hot.

We got a small taste of a post-apocalyptic Senate yesterday. Yesterday would look like nothing if the Republicans nuke the Democratic filibuster.

[Javaman]

3. Let them do the nuclear option, when we take back the senate in 06...

they will rue the day they ever called for it.

Filibuster this, you repuke creeps.