BURSTSenate Republicans are zeroing in on a rule change, which would be enacted through the “nuclear option,” that would allow them to expeditiously confirm scores of President Trump’s executive branch and judicial nominees.
The Republicans are hoping to move quickly and home in on a plan on Wednesday, when they convene for a special conference meeting specifically to address the issue after weeks of discussion.
The GOP has floated a number of ideas, but the leading option would allow the upper chamber to confirm nominees en bloc if they were greenlighted by the same committee.
The idea is based off a Democratic proposal unveiled two years ago that would allow a single vote on up to ten nominees. The nascent GOP plan is unlikely to stick to the 10 nominee figure, and could be broadened out to include nominees from multiple committees in one bloc.
“Everybody has been talking through various options. … One of the things that that process does is empower the committee process,” said Sen. Katie Britt (R-Ala.), who is a leader of a working group tasked with navigating and figuring out a rules change, adding that the panel-centric would “make committees great again.”
“That [idea] has potential — for sure,” Britt said.
The Wednesday conference meeting is set to take place after the Senate GOP’s weekly policy luncheon.
The discussion comes after the working group — Sens. James Lankford (R-Okla.), Ted Budd (R-N.C.), Eric Schmitt (R-Mo.), Ron Johnson (R-Wis.) and Britt — huddled in Senate Majority Leader John Thune’s (R-S.D.) office on Tuesday, ahead of the weekly leadership meeting, on the potential rule change.
Any change could be approved by a majority of senators, meaning Republicans can make a change unilaterally. Making a rule change on a partisan basis with a simple majority vote, however, is known as the “nuclear option” because it is seen as so detrimental to bipartisanship in the chamber.
Britt noted that she has been discussing potential changes with Democrats as well.
GOP members have also considered other ideas, including shrinking post-cloture debate time from two hours to mere minutes, making some nominations non-debatable and curtailing the amount of procedural votes required for a nominee.
Republicans are also refusing to rule out recess appointments.
But the “en bloc” option has been gaining steam as the conference’s goal in this push is to confirm as many nominees as quickly as possible.
“That is where the water seems to be flowing,” one Senate GOP aide said.
Republicans have been beating the drum about potential rule changes since early July, as Democrats throw up procedural hurdles for even non-controversial nominees and refuse to allow any to be confirm via unanimous consent or voice vote, marking a major break with tradition.
As Senate Majority Whip John Barrasso (R-Wyo.) noted in a recent op-ed, senators confirmed roughly 90 percent of nominations made by former Presidents George W. Bush and Obama via voice vote or unanimous consent. That number dropped to 65 percent for Trump’s first term and 57 percent for former President Biden.
Secretary of State Marco Rubio also has been the lone nominee who did not face a filibuster, meaning that Republicans have been forced to use up all of the clock for nominees. That includes lower-level choices that are not usually subjected to the time consuming process.
“I think we’re dealing with unprecedented obstruction. It’s never been this way,” Schmitt said. “We’re ready to move forward and then, if necessary, recess appointments are always an option.”
“There’s just so many nominations or types of nominations that never were ever roll call voted on, let alone filibustered. This is all about restoring balance to where the Senate always was,” he continued. “If the Democrats are going to continue to do this obstruction out of Trump derangement syndrome, then maybe we need some medicine.”
The working group spent time throughout the August break talking to members in an attempt to plan a pathway forward after Schumer and top Republicans were unable to strike a deal on a nominations package in the waning hours before the month-long recess. Trump panned Schumer for wanting too much in return, with the New York Democrat declaring victory in the battle.
A rules alteration would mark yet another maneuver by a Senate majority over the past 15 years to grease the skids to confirm their preferred choices without help from the other party. Former Senate Majority Leader Harry Reid (D-Nev.) got the ball rolling in 2012 by lowering the threshold needed to approve executive branch and judicial nominations, sans Supreme Court nominees.
Former Senate Majority Leader Mitch McConnell (R-Ky.) included Supreme Court nominees in that count five years later. He also helmed the conference when it lowered the debate time for lower-level nominees from 30 hours to the current two-hour mark.
Multiple senators added that they hope a resolution will get hammered out in the coming weeks.
“As soon as possible,” Sen. Markwayne Mullin (R-Okla.), a Thune ally, said about the timing for implementing the rule change. “We want to get it done. I don’t think we can do something this week, but we’d love to have something done next week.”
“We’re going to let the conference work its will,” Mullin said while previewing the Wednesday afternoon meeting. “One thing we’re really good about is talking forever. We’ve got to hear it and then we’ve got to make a call.”