Nuclear option facts for kids
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 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. 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. 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.
The use of the nuclear option to abolish the 60-vote threshold for cloture on legislation has been proposed, but not successfully effected.
Procedure to invoke the nuclear option
On November 21, 2013, following a failed cloture vote on a nomination, the nuclear option was used, as follows:
Mr. REID. I raise a point of order that the vote on cloture under Rule XXII for all nominations other than for the Supreme Court of the United States is by majority vote.
The PRESIDENT pro tempore. Under the rules, the point of order is not sustained.
Mr. REID. I appeal the ruling of the Chair and ask for the yeas and nays.
(48–52 vote on sustaining the decision of the chair)
The PRESIDENT pro tempore. The decision of the Chair is not sustained.
The PRESIDENT pro tempore. *** Under the precedent set by the Senate today, November 21, 2013, the threshold for cloture on nominations, not including those to the Supreme Court of the United States, is now a majority. That is the ruling of the Chair.
Once the presiding officer rules on the point of order, if the underlying question is nondebatable, any appeal is decided without debate. A simple majority is needed to sustain a decision of the chair. As the appeal is nondebatable, there is no supermajority requirement for cloture, as would be necessary for a proposition amending the rules. The presiding officer and the standing rule can therefore be overruled by a simple majority. This procedure establishes a new precedent that supersedes the plain text of the Standing Rules. These precedents will then be relied upon by future presiding officers in determining questions of procedure.
The procedure may, for example, override requirements of Rule XXII, the cloture rule, in order to allow a filibuster to be broken without the usual 60-vote requirement.
See also
