A group of Republican senators wants to press the button on a new “nuclear option” that would limit debate time on President TrumpDonald TrumpOhio Republican who voted to impeach Trump says he won't seek reelection Youngkin breaks with Trump on whether Democrats will cheat in the Virginia governor's race Trump endorses challenger in Michigan AG race MORE’s nominees.
The controversial move would hasten the pace of the president’s nominees getting confirmed and curtail Democratic power in the upper chamber.
Senate leaders have twice used the nuclear option to facilitate action on nominees in recent years.
In 2013, then-Senate Majority Leader Harry ReidHarry Mason ReidDemocrats say Biden must get more involved in budget fight Biden looks to climate to sell economic agenda Justice Breyer issues warning on remaking Supreme Court: 'What goes around comes around' MORE (D-Nev.) stripped the minority of the power to filibuster executive branch and judicial nominees below the level of Supreme Court.
Last year, Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellLindsey Graham: Police need 'to take a firm line' with Sept. 18 rally attendees Manchin keeps Washington guessing on what he wants CEOs urge Congress to raise debt limit or risk 'avoidable crisis' MORE (R-Ky.) changed the rules with a party-line vote to lower the threshold for a Supreme Court nominee from 60 votes to a simple majority.
Some Republicans say it’s time again to deploy the controversial tactic, which earned its name because it is viewed as a procedural weapon of last resort.
“It’s completely gotten out of hand,” said Sen. Ron JohnsonRonald (Ron) Harold JohnsonGOP senator: Buying Treasury bonds 'foolish' amid standoff over debt ceiling, taxes Internal poll shows Barnes with 29-point lead in Wisconsin Democratic Senate primary Wisconsin Democratic Senate candidate facing 4 felony charges MORE (R-Wis.). “It’s ridiculous we have all these 30 hours of post-cloture time. It’s chewing up the clock and we can’t address the major problems facing this nation.”
“I’ve been recommending for quite some time to utilize the Harry Reid precedent to change the rules [with] 51 votes,” he added.
McConnell, however, is not a fan of this aggressive plan. He has rebuffed pressure from House Republicans and Trump to change the Senate’s rules to curtail the filibuster, and Senate colleagues describe him as an institutionalist.
Johnson owes less allegiance to McConnell than some other Republicans because the National Republican Senatorial Committee pulled ads out of his reelection race in 2016 because he was projected to lose.
He rallied to a surprising come-from-behind win over Democrat Russ Feingold and usually feels emboldened to speak his mind, even if it means contradicting his party’s leaders.
Johnson admitted that there are not yet enough Republican votes to change the rules unilaterally, as they have a narrow 51-seat majority and Sen. John McCainJohn Sidney McCain20 years after 9/11, US foreign policy still struggles for balance What the chaos in Afghanistan can remind us about the importance of protecting democracy at home 'The View' plans series of conservative women as temporary McCain replacements MORE (R-Ariz.) is away from Washington for the foreseeable future because of health reasons.
Some Republicans, such as Sen. Susan CollinsSusan Margaret CollinsWelcome to ground zero of climate chaos A tale of two chambers: Trump's power holds in House, wanes in Senate Bipartisan blip: Infrastructure deal is last of its kind without systemic change MORE (Maine), have stated their opposition to using the nuclear option to speed up floor business.
Other Republicans agree with Johnson that it’s time to deploy the nuclear option if Democrats balk at changing the rules for nominees under regular order, which requires 67 or 60 votes under different scenarios.
Sens. Ted CruzRafael (Ted) Edward CruzThe Hill's Morning Report - Presented by National Industries for the Blind - Schumer: Dem unity will happen eventually; Newsom prevails The Memo: Like the dress or not, Ocasio-Cortez is driving the conversation again Ocasio-Cortez defends attendance of Met Gala amid GOP uproar MORE (R-Texas) and Steve DainesSteven (Steve) David DainesWarren, Daines introduce bill honoring 13 killed in Kabul attack Daines to introduce bill awarding Congressional Gold Medal to troops killed in Afghanistan Powell reappointment to Fed chair backed by Yellen: report MORE (R-Mont.) on Wednesday said they also support using that path if Democrats refuse to reduce the length of procedural time required for nominees.
Cruz said he “strongly” supports reducing floor time for nominees and would back the nuclear option.
Under current rules, 30 hours must elapse on the floor every time the Senate votes to end dilatory debate and advance a nominee — unless there’s unanimous consent to yield back floor time.
This forces GOP leaders to perform triage by making tough choices about what executive branch positions are important enough to deserve floor time, leaving some nominees in limbo for months.
The Trump administration has complained that more than 300 Senate-confirmed positions remain unfilled, according to GOP senators, and they’re feeling increasing pressure to do something about it.
“Thirty hours is just too much. You have cloture motion filed on a nominee and the nominee gets 98 votes and then you wait 30 hours for nothing else but to slow the process down,” said Sen. Pat RobertsCharles (Pat) Patrick RobertsBob Dole, Pat Roberts endorse Kansas AG Derek Schmidt for governor Ex-Sen. Cory Gardner joins lobbying firm Senate GOP faces retirement brain drain MORE (R-Kan.), who said he would have to think more about backing the nuclear option.
Republican leaders want to negotiate an agreement with Democrats to limit how much time must elapse on the Senate floor after lawmakers vote to proceed on a nominee.
They want to implement the bipartisan agreement that was in place during 2013 and 2014, which limited debate time for executive nominees below the level of the Cabinet to eight hours and for district court nominees to two hours. Nominees to the Supreme Court, appellate courts and Cabinet-level positions would still require 30 hours of post-cloture debate.
Sen. James LankfordJames Paul LankfordGOP senator: Buying Treasury bonds 'foolish' amid standoff over debt ceiling, taxes Florida senator seeks probe of Ben & Jerry's halting sales in Israeli settlements Senate Democrats try to defuse GOP budget drama MORE (R-Okla.) is leading the negotiations with Democrats.
“Same exact thing that was in 2013,” he said of the proposal the GOP favors.
He said the reform could be made by voting to change the Senate rules, which requires 67 votes, or by issuing a permanent standing order, which requires 60 votes.
There are 21 positions listed at the executive Cabinet level. They would still require 30 hours on the floor after the Senate votes to end dilatory debate on nominations to those posts.
Democrats, however, aren’t interested in striking a deal to speed up staffing of the Trump administration.
They say the dynamic has changed after Republicans held the seat of the late Supreme Court Justice Antonin Scalia vacant for months and then changed the Senate rules to confirm conservative Justice Neil Gorsuch to replace him.
Republicans say Democrats broke tradition first by using the nuclear option to eliminate filibusters on executive branch and most judicial nominees in November 2013.
Asked about reimplementing the 2013 bipartisan agreement, Senate Minority Leader Charles SchumerChuck SchumerBiden discusses agenda with Schumer, Pelosi ahead of pivotal week CEOs urge Congress to raise debt limit or risk 'avoidable crisis' If .5 trillion 'infrastructure' bill fails, it's bye-bye for an increasingly unpopular Biden MORE (D-N.Y.) said, “That was before the rules changed. That’s the difference.”
Sen. Amy KlobucharAmy KlobucharHarris, CBC put weight behind activist-led National Black Voter Day Seven takeaways from California's recall election Live coverage: California voters to decide Newsom's fate MORE (Minn.), the ranking Democrat on the Rules Committee, did not appear optimistic for a deal when asked about her talks with Lankford but declined to go into detail.
“We’re going to continue to talk about it,” she said.
A spokesman for Schumer said 145 Trump nominees are stuck in Republican-controlled committees and nearly 60 high-level positions at the State Department lack nominees.
White House legislative affairs director Marc Short on Friday blamed Democrats for what he called “historic obstruction.”
He noted that the Senate has had 79 cloture votes on nominees in the first 14 months of the Trump administration, about five times as many as the number during the same spans of the past four administrations combined.
Often Democrats have required the full 30 hours of post-cloture debate time to elapse before allowing a final vote.
Senate Republican Conference Chairman John ThuneJohn Randolph ThuneManchin keeps Washington guessing on what he wants Manchin-McConnell meet amid new voting rights push Republican leaders misjudged Jan. 6 committee MORE (S.D.), the third-ranking Senate GOP leader, said support for the nuclear option could pick up if Democrats refuse to speed the processing time for nominees.
“Ideally it would be the regular order, but I suppose we’ll see,” he said. “Our members would like to have a vote and see where the Democrats are.
“If they continue this practice of just dragging things out and making it really impossible to get anything done then I could see our members saying, ‘enough already.’ ”