Confirmation of Trump Nominees

As previously noted, Democrats have refused to consent to expedited Senate consideration of any of President Trump’s nominees this year.  As a result, moving each nomination involves several preliminary process votes, a two-session-day waiting period after the Majority Leader files cloture, and up to two hours of debate before the chamber can move to a final vote on confirmation.  This has slowed the confirmation process.

Leader John Thune (R-SD) held the Senate in session into the weekend before the August recess, hoping to successfully negotiate with Democrats to bring a package of nominees to the floor for a group confirmation vote.  Reportedly, the parties thought they had a deal, but President Trump surprised them by refusing to support it.

Republicans say they will consider a change to the rules governing the confirmation process in the coming weeks.  In July, Leader Thune floated a proposal, first offered by Sen. Amy Klobuchar (D-MN) in 2023 when she chaired the Rules Committee that would allow the Majority Leader to combine up to 10 nominees from the same committee to be considered together for a floor vote.  This special process would exclude certain positions, including circuit court judges, Supreme Court justices, and cabinet secretaries.  Other options under discussion include reducing the debate time for most nominees, or eliminating some of the currently required preliminary procedural votes.

If the Republican conference supports a rule change, it could opt to pass it by a simple majority vote.  Override of a standing rule by a simple majority, rather than the usual two-thirds supermajority required to invoke cloture on a measure to amend the rules, is referred to as the “nuclear option.”  It is not clear whether Republicans would have the votes to change the rules in this way – some GOP members might prefer to preserve the chamber’s bipartisan traditions.