Will the Senate go nuclear again?

Since the Senate went nuclear in 2013, senators have learned that you can change nearly any Senate process if you can find a nondebatable motion. Senate conservatives could use this method to try to scuttle the Import-Export bank. 

Lauren Victoria Burke/AP
Sen. Mike Lee (R) of Utah R-Utah listens during a Senate Armed Services Committee on July 21, 2015, on Capitol Hill in Washington. Senator Lee is reportedly considering invoking a rule change (nuclear option) to ensure that the

Put this in the “it’s not really nuclear” category. Despite several accounts reporting that Sen. Mike Lee (R) of Utah plans to go nuclear, don’t believe the headlines.

That said, this is likely the most interesting thing that will happen in the Senate this year, at least from a procedural standpoint. After cloture is invoked Senator Lee will attempt to revote an Obamacare repeal amendment to the highway bill that is also carrying the Export-Import Bank authorization, which is the bill the senator really wants to kill.

Unlike regular debate, non-germane amendments are not in order after cloture has been invoked. In other words, you cannot attach the Obamacare repeal after cloture has been invoked on the highway funding bill with Ex-Im attached to it. Major reforms to the health-care industry are simply not that relevant to fixing bridges or giving out loans. Therefore, the senator’s motion will be ruled out of order. The senator will then appeal the ruling of the chair, which is decided by the Senate by a majority vote without debate.

The fact that this motion will be decided by majority vote without debate is the major commonality. Forcing a majority vote in the Senate is no small feat. However, the effect of this change would not be as significant as Reid’s nuclear option, reducing cloture to a majority vote on executive and judicial nominees (excluding the Supreme Court).

If Senator Lee attempts this motion, it would change germaneness rules while under cloture. The effect would simply open the door to more extraneous amendments while under cloture. Put differently, this would make the Senate under cloture more like the Senate when not under cloture. In regular debate (though not on appropriations) senators can offer completely random amendments to bills. It’s arguably the second most important feature of the Senate outside the filibuster. For example, the lack of a germaneness rule is how we arrived at this scenario in the first place. Majority leader McConnell is amending the “Hire More Heroes Act of 2015” (H.R. 22) and replacing it with the highway funding bill and adding the Export-Import Bank, neither of which are germane to hiring heroes. This would be impossible in the House (except under a rule from the Rules Committee).

It’s unlikely but we could see a major change to Senate operation. There are a variety of ways that the leaders or others in the chamber could thwart Senator Lee’s plans. Even if there was a change, it’s not on the same level as the nuclear option. Rather, it would make cloture debate more like regular debate. It would be significant but I wouldn’t call it nuclear.

The real underlying story is the method. Since the Senate went nuclear in November of 2013, senators have learned you can change nearly any Senate process if you can find a nondebatable motion. We’ll see that method employed again as conservatives try to kill the highway/Ex-Im bill.

(For process geeks: there is an excellent paper by Tony Madonna and Richard Beth on nondebatable motions and the nuclear option that was presented at the 2014 APSA Annual Conference.)

 Joshua Huder publishes his Rule 22 blog at http://rule22.wordpress.com.

You've read  of  free articles. Subscribe to continue.

Dear Reader,

About a year ago, I happened upon this statement about the Monitor in the Harvard Business Review – under the charming heading of “do things that don’t interest you”:

“Many things that end up” being meaningful, writes social scientist Joseph Grenny, “have come from conference workshops, articles, or online videos that began as a chore and ended with an insight. My work in Kenya, for example, was heavily influenced by a Christian Science Monitor article I had forced myself to read 10 years earlier. Sometimes, we call things ‘boring’ simply because they lie outside the box we are currently in.”

If you were to come up with a punchline to a joke about the Monitor, that would probably be it. We’re seen as being global, fair, insightful, and perhaps a bit too earnest. We’re the bran muffin of journalism.

But you know what? We change lives. And I’m going to argue that we change lives precisely because we force open that too-small box that most human beings think they live in.

The Monitor is a peculiar little publication that’s hard for the world to figure out. We’re run by a church, but we’re not only for church members and we’re not about converting people. We’re known as being fair even as the world becomes as polarized as at any time since the newspaper’s founding in 1908.

We have a mission beyond circulation, we want to bridge divides. We’re about kicking down the door of thought everywhere and saying, “You are bigger and more capable than you realize. And we can prove it.”

If you’re looking for bran muffin journalism, you can subscribe to the Monitor for $15. You’ll get the Monitor Weekly magazine, the Monitor Daily email, and unlimited access to CSMonitor.com.

QR Code to Will the Senate go nuclear again?
Read this article in
https://www.csmonitor.com/USA/Politics/Politics-Voices/2015/0727/Will-the-Senate-go-nuclear-again
QR Code to Subscription page
Start your subscription today
https://www.csmonitor.com/subscribe