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Fact Sheets
What is the Nuclear Option?

Posted: 04/14/2005

The “nuclear option” is a precedent shattering technique that may soon be coming to the U.S. Senate. Coined by Senate Republicans enjoying their majority position in both houses, the “nuclear option” describes the potential elimination of the filibuster rule, one of the last resorts of the minority party in the Senate to stop the confirmation of judicial nominees to lifetime appointments on the Federal Benches. The filibuster is an informal term used to describe any attempt to block or delay Senate action on a bill or other matter by debating it at length, by offering numerous procedural motions, or by any other delaying actions. The filibuster has a 200-year history of being used by Senate Democrats and Republicans to prevent one party from having absolute power.

The elimination of the filibuster, through a Senate Rules Change initiated by Bill Frist (R-TN,) would leave Senate Democrats with no mechanism to stop the confirmation of President George Bush’s extremist judicial nominees. With Supreme Court Chief Justice William Rehnquist’s retirement looming, the nuclear option would remove the role of “advise and consent” from the Senate regarding a new justice’s nomination, and the senate would become a rubber stamp for President Bush’s nominee. With the future of the Court hanging in the balance, and Roe v. Wade maintained by one Supreme Court vote, your support and action are critical to ensuring that our Senators maintain the system of checks and balances in the U.S. government.

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