In 2013, Senate Democrats — then in the majority — triggered what was called the "nuclear option" for the first time.  Frustrated with what they considered the relentless Republican obstruction of Obama's federal court appointments, Democrats led by Senate Majority Leader Harry Reid of Nevada, changed the rules so that lower court and Cabinet nominees could be confirmed with a simple majority, rather than the typical 60-vote threshold.  Senator Mitch McConnell railed against the change at the time, though the 60-vote threshold still applied to high court nominees, including SCOTUS.

However, when it came time to confirm Neil Gorsuch in 2017 under President Trump, near-unified Democratic opposition and the GOP's own slim majority of 51 Republican senators made getting to a 60-vote supermajority impossible.  McConnell triggered a rules change, clearing the way for Gorsuch and Kavanaugh to be confirmed with a simple majority of 51. The use of the nuclear option for Supreme Court nominees was dramatic for a body like the Senate, which operates on tradition and precedent.

Do you believe the 60 vote threshold should be the Senate norm for SCOTUS and/or federal judge confirmations in the future?  Explain why or why not.

Answer rating: 100% (QA)

The Senate has experienced significant changes in its confirmation process for Supreme Court nominee... View the full answer