The “Nuclear Option”: Leadership Matters in Filibuster From PS: Political Science & Politics

Republicans have been considering a change to Senate rules (the so-called "nuclear option") that would abolish the filibusters that Democrats have used in the past to block several judges from confirmation.

This current controversy over the potential refusal of Senate Republicans to accept delaying tactics such as filibusters -- a scenario known as the "nuclear option" -- is not unprecedented in the legislative history of the U.S.  Dr. Klotz examined the "nuclear option" in a historical and legal context and suggests that leadership is an important factor in its use.  An eerily similar situation existed during the 51st Congress (1889-1891): Republicans possessed narrow majorities in both chambers, and the minority Democrats were actively using filibusters to stall legislation. Ultimately, House Republicans defeated those tactics and established the precedent for majority rule which guides that chamber today.

Senate Republicans couldn't do the same, resulting in that chambers' stronger minority rights tradition.  Political scientist Robert Klotz (University of Southern Maine) has examined what political scientists know about the historical and legal context of the nuclear option, and suggests in a recent APSA journal PS: Political Science & Politics article that leadership was the most compelling factor in its use.

• Read the Klotz article, "The Nuclear Option for Stopping Filibusters" (.pdf)
  
  
• Read the full press release (.pdf)
  
  
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