Nuclear option

Abstract: The Bush Doctrine was constructed over a period of approximately eight months in response to the events of 9/11. Beginning with the 2002 State of the Union address, President George W. Bush laid the foundation for a ―newly‖ proactive strategy of count

Abstract: This is part 1 of a two-part series detailing the selection and confirmation processes of lower federal court judges during President Obama’s first 6 years. Our attention in part 1 is on Obama’s lower federal court appointments during the 113th Congress, specifically on the selection processes. We then examine the backgrounds and attributes of those confirmed during the 113th, looking at the appointees to the district and appeals courts separately. Confirmation processes are the main focus of part 2 of our study, where we discuss the lead-up to the nuclear option, the “fallout” from its invocation, and the renewed emphasis on the Blue Slip system as a tool of the minority party in the Senate. We conclude by taking a deeper look at the administration’s historic contribution to enhancing diversity on the federal bench across the district and circuit courts and, as well, make a similar assessment of the impact of the Obama appointments on the partisan makeup of the federal bench on the district court...

Abstract: Foreword Preface Chapter One Soul of the Senate Chapter Two Filibuster, Cloture, and Unfettered Amendment Chapter Three History of the Filibuster Chapter Four Polarized Politics and the Use and Abuse of the Filibuster Chapter Five Criticisms of the Filibuster Chapter Six The Dangers of Overzealous Reform Chapter Seven Related Tactics: Holds Chapter Eight Related Tactics: Filling the Amendment Tree Chapter Nine Circumventing the Filibuster: Reconciliation Chapter Ten Reforming the Filibuster: The Constitutional Option Chapter Eleven Reforming the Filibuster: The Nuclear Option Chapter Twelve Bring In the Cots Chapter Thirteen Defending the Filibuster Epilogue Appendix Bibliography

Abstract: In this paper, we employ simple formal models drawn from political science to explain the occurrence of gridlock in the federal judicial selection process, and to explore the implications of the nuclear option, by which a bare majority of senators employs parliamentary tactics to abolish the filibuster with respect to judicial nominations. Our application of a pivotal politics model leads us to reject the notion that appointments gridlock is a straightforward consequence of divided government. Instead, meaningful changes to the ideological balance of the federal bench require a more demanding ideological alignment of multiple veto players relative to the status quo. This conclusion is confirmed by the recent history of the federal judicial appointments process. We then adapt the pivotal politics model to the existence of the nuclear option by introducing a new player, the nuclear pivot, who supplies the last vote needed to trigger the nuclear option, and whose precise identity is uncertain - perhaps even to the nuclear pivot herself. Introduction of the nuclear pivot curtails the extent of gridlock and makes possible some change in the status quo, albeit less change than would be possible in the outright absence of the filibuster. We conclude not only that the threat of the nuclear option works to the detriment of the minority Democrats, but also that the Democrats have gained nothing of substance from the agreement reached by a group of moderate senators - the so-called Gang of 14 - that has indefinitely forestalled actual exercise of the nuclear option. However, both uncertainty over the location of the nuclear pivot and the degree to which the Democrats have successfully prolonged the confrontation over judicial nominees may hinder the President from capitalizing upon the advantage otherwise conferred by the threat of the nuclear option.