What is the "Nuclear Option"?

“Nuclear Option” is the nickname for a Senate parliamentary maneuver that can be used to get around or change the filibuster or some other Senate rule. When people talk about getting a filibuster “carve-out” for voting rights; using the nuclear option is one way it might be done. It may provide a way (possibly the only way) to get these essential items through the Senate:

  • Voting rights legislation

  • Debt Ceiling and/or Continuing Resolution (or alternatively via a reconciliation bill)

  • Reconciliation bill that includes provisions that defy the parliamentarian’s opinion

To use the Nuclear Option, the Senate’s presiding officer (VP Harris or someone she appoints) issues a procedural ruling from the chair that ignores, circumvents, or alters a standing rule (such as the filibuster). If no one challenges her, her ruling sets a new precedent that overrides the old standing rule. If someone does challenge her (as they almost always do) the Senate votes. If the majority vote to sustain her ruling, the new precedent stands. So Harris can carve out a filibuster exemption if all 50 Democrats vote to sustain her and she then breaks the tie. But in the past, Manchin has always refused to support such carve-outs. 

The Nuclear Option has been used before, for example:

  • 2013: Democrats used it to exempt Obama’s Executive Branch nominations from the filibuster after McConnell had blocked 82 of his nominations.

  • 2017: Republicans used it to exempt Supreme Court nominations from the filibuster (Gorsuch, then Kavanaugh and Barrett).

  • 2019: GOP used it to shorten the amount of debate time permitted on Trump judicial and executive branch confirmations from 30 hours to 2, passing it by a 51-48 majority.

References:

  1. Harry Reid says 82 presidential nominees have been blocked under President Barack Obama, 86 blocked under all other presidents  Politifact, 11/21/2013

  2. McConnell downplays Republicans' use of the nuclear option , Leg Branch, 9/03/2019

  3. From 30 hours to 2 – what you need to know about the nuclear option change this week – Ballotpedia News, Ballotopedia, 4/05/2019 

  4. Manchin Only Senator to Vote Against Nuclear Option in 2013, 2017 and Today Manchin Press Release, 4/03/2019

Deep DiveKathy LassFilibuster, Voting Rights, Democracy, Debt Ceiling, Reconciliation