{ "id": "R44819", "type": "CRS Report", "typeId": "REPORTS", "number": "R44819", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 460480, "date": "2017-04-14", "retrieved": "2017-08-22T15:08:54.636812", "title": "Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: In Brief", "summary": "On April 6, 2017, the Senate reinterpreted Rule XXII to allow a majority of Senators voting, a quorum being present, to invoke cloture on nominations to the U.S. Supreme Court. Before the Senate reinterpreted the rule, ending consideration of nominations to the Supreme Court required a vote of three-fifths of Senators duly chosen and sworn (60 Senators unless there is more than one vacancy). The practical effect of the Senate action on April 6 was to reduce the level of support necessary to confirm a Supreme Court nominee. \nThe method used to reinterpret Senate Rule XXII is, perhaps, of as much interest as the practical effect of the ruling. The proceedings of April 6, 2017, were similar to those of November 21, 2013, when the Senate reinterpreted the cloture rule to lower the threshold for invoking cloture for all nominations except to the Supreme Court. Proceedings of this kind have been called \u201cthe nuclear option\u201d because they required actions arguably at variance with established principles underlying Senate procedure. Specifically, in both of these cases, a simple majority of Senators took unusual and contested floor actions to limit the ability of a minority to filibuster. \nAs a result of these two precedents, the Senate can now invoke cloture on any nomination by a majority vote. Importantly, neither the 2013 nor the 2017 precedent removed the potential need to invoke cloture on a nomination to reach a vote. The process for invoking cloture on a nomination remains the same. A cloture motion filed on a nomination receives a vote after two days of Senate session. If, on that vote, a majority of Senators voting supports cloture, the Senate will reach\u2014after no more than 30 additional hours of consideration\u2014a vote on the nomination, with final approval subject to a simple majority vote.\nThis brief report explains the actions taken on April 6, 2017, by which the Senate effectively extended to Supreme Court nominations its November 2013 reinterpretation of Rule XXII. It concludes with a list of related CRS products that provide more history and context regarding the method used to reinterpret the Senate Rule, the nominations process, and cloture and filibusters.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44819", "sha1": "a3e18789f82a6306053f71b975e2c12702fbe701", "filename": "files/20170414_R44819_a3e18789f82a6306053f71b975e2c12702fbe701.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44819", "sha1": "c1b2ebda13f2dc34890cc67c5b0c9dbae4541864", "filename": "files/20170414_R44819_c1b2ebda13f2dc34890cc67c5b0c9dbae4541864.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4747, "name": "Senate Floor Procedure" } ] } ], "topics": [ "Legislative Process" ] }