The "Nuclear Option" in the Senate

Buckle your seat belts. One of the most disastrous possible results of Bush as President (aside from letting him take the country into war) may be looming. Talk of Rehnquist stepping down from the Supremes is hitting a fever pitch, and the neocons are getting ready to ensure that Bush can put one of the most unsavory possible choices in his place.

Republicans say that Democrats have abused the filibuster by blocking 10 of the president's 229 judicial nominees in his first term -- although confirmation of Bush nominees exceeds in most cases the first-term experience of presidents dating to Ronald Reagan. Describing the filibusters as intolerable, Senate Majority Leader Bill Frist (R-Tenn.) has hinted he may resort to an unusual parliamentary maneuver, dubbed the "nuclear option," to thwart such filibusters.

At issue is a seldom-used, complicated and highly controversial parliamentary maneuver in which Republicans could seek a ruling from the chamber's presiding officer, presumably Vice President Cheney, that filibusters against judicial nominees are unconstitutional. Under this procedure, it would take only a simple majority or 51 votes to uphold the ruling -- far easier for the 55-member GOP majority to get than the 60 votes needed to break a filibuster or the 67 votes needed to change the rules under normal procedures. It would then take only 51 votes to confirm a nominee, ensuring approval of most if not all of Bush's choices.

Since the decision to exercise this option would likely be left in Dick Cheney's hands, there seems to be little that Senate Democrats could do about it. Or is there?

"If they, for whatever reason, decide to do this, it's not only wrong, they will rue the day they did it, because we will do whatever we can do to strike back," incoming Senate Democratic leader Harry M. Reid (Nev.) said last week. "I know procedures around here. And I know that there will still be Senate business conducted. But I will, for lack of a better word, screw things up."

Use of the nuclear option "would make the Senate look like a banana republic . . . and cause us to try to shut it down in every way," [Chuck] Schumer [D - NY] said. "Social Security and tax reform need Democratic support. If they use the nuclear option, in all likelihood they would not get Democratic support" for those and other initiatives, he added.

This is exactly the type of thuggery that conservatives have been consistently accusing the Democrats of. However, since we've already seen the Bushies change the rules of the house to allow indicted, accused felons to maintain top level jobs, there is little reason to hope that they won't continue changing the rules to make sure they get everything exactly the way they want it.