Number: RL32874
Title: Standing Order and Rulemaking Statute: Possible Alternatives to the "Nuclear Option?"
Authors: Christopher M. Davis, Government and Finance Division 
Abstract: Concern over the Senate's inability to reach a vote on certain pending nominations has led some Senators to express an interest in amending or bypassing the supermajority requirement to limit consideration now required by Senate rules. Such an approach to ending filibusters, dubbed the ‘nuclear' or ‘constitutional' parliamentary option, might be accomplished in several ways, some of which, opponents argue, could violate Senate rules or precedents. It might also be possible to institute new consideration limits on nominations by establishing a new standing order or by statutory provisions having the force of rules. Action in either of these forms might have advantages over both standing rule amendments and precedential action, but might also present special obstacles. The purpose of this report is to examine advantages and disadvantages of limiting Senate consideration by these forms.
Pages: 8
Date: April 20, 2005