Our Long National Nightmare is Over
The Cabinet could materialize more quickly than you think… Writing at R Street, James Wallner observes:
McConnell also lacks special powers when it comes to ending debate on presidential nominations. Senators could filibuster presidential nominations before 2013 and 2017, when Democrats and Republicans, respectively, used the nuclear option to circumvent the Senate’s rules permitting unlimited debate unless three-fifths of senators duly chosen and sworn, typically 60, vote to invoke cloture or to end debate on a nominee. Consequently, 51 senators can now schedule a final confirmation vote on Biden’s Cabinet picks over their colleagues’ objections. If McConnell tries to veto the president’s nominees by filibustering them, pro-nominee senators may use Rule XXII to overcome his obstruction by filing a cloture petition signed by 16 senators. As with the motion to proceed, any senator may file a cloture petition, and any senator can sign it.