What Finally Led To The Nuclear Option

The chart above (h/t Kevin Drum) shows that filibusters of Obama nominees are in a whole other class than what came before.  And remember Obama still has three years of nominees to go.

But it was Republican filibusters of judicial and executive branch nominees that finally drove Democrats to act on Thursday. Democrats had struck one deal after another with Republicans to try and rein in their abuse of the filibuster, but nothing worked. A few nominees would get through, and then another batch would promptly get filibustered. The chart below tells the tale. Under George Bush, Democrats mounted filibusters on 38 of his nominees. That’s about 5 per year. Under Obama, Republicans have filibustered an average of 16 nominees per year.

It is true that if the Senate and Presidency change parties, the Democrats may regret this move.  But let’s remember that the GOP threatened the nuclear option in 2005 when far fewer nominees were getting filibustered.   Even with the risk, this move is easily a win for democracy.

By: Stuart Shapiro

Stuart is a professor and the Director of the Public Policy
program at the Bloustein School of Planning and Public Policy at Rutgers
University. He teaches economics and cost-benefit analysis and studies
regulation in the United States at both the federal and state levels.
Prior to coming to Rutgers, Stuart worked for five years at the Office
of Management and Budget in Washington under Presidents Clinton and
George W. Bush.