Free Republic

Fortunately, invoking the nuclear option isn’t the only way a Senate majority can confirm a Supreme Court justice in the face of minority obstruction. In a recent Heritage Foundation paper, Ed Corrigan and I detail how Senate rules empower a majority to overcome a filibuster of a Supreme Court nominee — without having to invoke cloture or using the nuclear option. Specifically, a majority may use Rule XIX (the two-speech rule) to shorten the amount of time members are able to filibuster. This rule prohibits any senator from giving more than two speeches on any one question during the same...

As Democrats strategize on how to stop conservative legislation from making its way to Donald Trump’s desk in the White House, Republicans have a little-known rule in their toolbox that would allow them to pass legislation, including a repeal of Obamacare, with a simple majority. Democrats were able to keep 48 seats in the Senate after Tuesday’s election, giving the party the power to filibuster legislation and effectively prevent conservative policies from being enacted. But Republicans can turn to a seldom-used Senate rule that would allow them to pass legislation by a simple majority vote—legislation that has a greater chance...