Updated 02:50 AM EDT, Fri, Mar 29, 2024

Senate Goes 'Nuclear,' Makes Historic Change to Filibuster Rules

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Senate Majority Leader Harry Reid  pushed through a controversial change to Senate filibuster rules on Thursday that will make it easier to approve President Obama's nominees, but may divide an already fractious Congress. 

According to USA Today, 52 Senate Democrats and independents voted to weaken the power of the filibuster. Now, the threshold is at 51 votes instead of 60 votes for Senate approval of executive and judicial nominees against unanimous opposition from the GOP. 

Only three Democrats-- Sens. Mark Pryor of Arkansas, Joe Manchin of West Virginia and Carl Levin of Michigan - opposed the change.

The rule does not apply to Supreme Court nominees; nominees to the Supreme Court are still subject to a 60-vote filibuster threshold. 

"The American people believe Congress is broken. The American people believe the Senate is broken. And I believe they are right," Sen. Reid said Thursday on the Senate floor. "The need for change is so very, very obvious."

The decision to change the long-standing rules came after Republicans blocked three of Obama's latest nominees to the U.S. Court of Appeals for the District of Columbia Circuit. 

As of now, the court has four judges appointed by Republican presidents and four by Democrats, with three vacancies. However, six senior judges tilt the court to the conservative side. Republicans claim that no more judges are needed. 

"I've sat on the Judiciary (Committee) for 20 years and it has never, ever been like this. You reach a point where your frustration just overwhelms and things have to change," said Sen. Dianne Feinstein, D-Calif., who had previously opposed efforts to change filibuster rules. "I think the level of frustration on the Democratic side has just reached the point where it's worth the risk."

Sen. John McCain, R-Ariz., called the decision "foolish," and blamed junior Democratic senators. "There are members that have never been in the minority who have been here a short time who basically drove this," he said.

Sen. Tom Udall, D-N.M., an advocate for filibuster changes, said the change will make Congress more effective. "Americans sent us here to get things done, but in recent years, the minority has filibustered again and again - not to slow action out of substantive concerns, but for political gain. Any president - Democrat or Republican - should be able to make their necessary appointments," he said.

Both President Obama and Vice President Biden agreed with the change put forward by Sen. Reid. "A deliberate and determined effort to obstruct everything, no matter what the merits, just to re-fight the result of an election is not normal, and for the sake of future generations, we can't let it become normal," Obama said Thursday.

The rules change is called the "nuclear option" because it upends long-standing Senate policies and protection of Senate minority rights. It is the most significant change to filibuster rules since 1975, when senators changed the two-thirds requirement for ending filibusters to today's three-fifths requirement of 60 votes. 

"I think the minority will rue the day that they broke the rules to change the rules," said Sen. Susan Collins, R-Maine.

Conversely, progressive groups applauded the change. "This was not a decision made easily or taken lightly. There was no choice. The Republican minority had turned the existing rules into weapons of mass obstruction," said Alliance for Justice President Nan Aron.

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