Nuclear option

The nuclear option is the nickname for a way the Senate changes its practices by majority vote without following the formal rules-change procedure, which requires a two-thirds vote to end debate. A senator raises a point of order, the presiding officer rules against it, and a majority votes to overturn or establish a new precedent. The term was popularized by Senator Trent Lott around 2005.

It has been used to lower the cloture threshold for nominations. In 2013, Democrats applied it to most executive branch and lower-court nominees; in 2017, Republicans applied it to Supreme Court nominees; and in 2019 the majority shortened post-cloture time for most nominations. The legislative filibuster has not been formally changed this way, though both parties have debated doing so.

Supporters of using it say a majority has to be able to govern and to confirm nominees, particularly when the minority blocks routinely. Opponents say it erodes the Senate's tradition of minority rights, lowers the incentives for bipartisan cooperation and invites escalation when control flips. Each party has criticized the move when out of power and used it when in control, which feeds the broader complaint that the Senate has abandoned regular order.