The Senate Filibuster: The Hulk Plan and the Nuclear Option

The partisan feuding in the U.S. Senate over federal judicial nominees is leading to a battle on the Senate floor that will have long term effects on the makeup of the federal courts and on the future of the filibuster as a tool in the Senate. The battle has been brewing for quite some time.

The Hulk Plan

Two years ago Senator Ted Stevens of Alaska, upset over the blockage of another of President Bush's judicial nominees, Miguel Estrada, held an impromptu meeting with a small group of Republican Senators. He described a plan whereby the filibuster against federal judicial nominees could be blocked with a simple majority of 51 votes, rather than the 60 votes needed to invoke cloture under Senate Rule 22.

The bold and unprecedented plan was dubbed, "the Hulk plan," a reference to the tie that Senator Stevens was wearing which depicted the green comic hero, The Hulk. The Hulk plan was discussed among Republicans and guarded from Democrats as it was not immediately determined whether the Hulk plan was workable or desirable.

The core of the plan was to introduce a Point of Order after a filibuster had begun, asking that debate be limited and that a vote be taken. After the presiding officer sustains the Point of Order, an appeal would be entered, and a motion would be made to table the appeal. This would be a procedural issue which could not be filibustered and which would require only a simple majority for approval. The approval would specify a limited time frame for debate and bring the issue to a vote.

The Nuclear Option

Within a few weeks of the development of the Hulk plan, Senator Trent Lott of Mississippi coined the term, "nuclear option" to describe the rule change process. The Senators realized that the plan would be like a nuclear explosion, resulting in increased alienation of the Democratic and Republican parties and numerous unpredictable consequences.

The Republican leadership realized that they might not be able to produce the 51 votes needed to make the "nuclear option" work, so they set the plan aside until after the 2004 national elections. The elections produced an increased Republican majority in the Senate of 55 Senators. When a straw poll among Senators convinced the Republicans that they could count on at least 51 votes, the Hulk plan was revived.

No Turning Back

President Bush will re-nominate several judicial nominees who were blocked in the last session of Congress. If the Hulk plan, or "nuclear option," is triggered and successfully upheld, there will be no turning back for the Republicans.

When Justice Abe Fortas was nominated by President Johnson in 1968 to replace Chief Justice Earl Warren, the Republicans successfully filibustered the nomination, causing President Johnson to withdraw the nomination. If the "nuclear option" is successfully used to prevent the Democratic Senators from using the filibuster to block federal judicial nominations, then the Republicans will also find themselves without the filibuster tool in the future when they are the minority party.

Garry Gamber is a public school teacher. He writes articles about politics, real estate, health and nutrition, and internet dating services. He is a founding member of http://www.GoodPoliticsRadio.com and the owner of http://www.TheDatingAdvisor.com

---

Osama bin Laden Needs a Pay Raise

Osama bin Laden probably needs to get a pay raise,... Read More

The Options For Regime Change In Iran

If recent speeches by US officials on Iran's plans to... Read More

Companies, Consumer and Cost of Fuel

Which companies are most affected by fuel? Who really bears... Read More

Gasoline Prices Going Through the Roof

OH MAN!Here we go again. I guess now the "proof... Read More

Connecticut Does Not Need Further Income Tax Hikes!

Industrial Recruiting. The absence of a state income tax in... Read More

Just War

In an age of terrorism, guerilla and total warfare the... Read More

The Worlds Eldest Democracy Was A Truly Romantic Affair

Visible remnants of the world's eldest democracy can be seen... Read More

The American Worker: Downward Mobility

All the indicators show an improving economy and, finally, the... Read More

Global Entrepreneurs, Mining and Raw Materials

There are many mines around the world, which are owned... Read More

Media and the Iraq War, Some Random Thoughts Indeed 2001

Here are some miscellaneous thoughts on issues many of which... Read More

PA Congressional Pay Hike Raises Eyebrows

While many Pennsylvanians are struggling to figure out how they... Read More

Treasury Department Falls Short on Blocked Persons List

I would like to discuss the blocked persons list of... Read More

Immigration: Ten Points to Ponder

1. Why is it that no one seems to notice,... Read More

Should Farmers Plant GM Terminator Seeds?

If a farmer plants the same crop three seasons in... Read More

The Fabric of Economic Trust

Economy is called the dismal science because it pretends to... Read More

FTC Hurts Franchising Consumers

Last Summer the Federal Trade Commission came out with a... Read More

Screening Trucks and Containers Coming Into Our Country

We presently have adequate sniffer devices in this country to... Read More

China: Tibet Standoff

The People's Liberation Army of China invaded Tibet in 1949.... Read More

Space Colonies a Primary Goal

Many folks who are pro-NASA and Pro-Space Colonies say that... Read More

The Dragons

I hope to provide a starting point for the serious... Read More

Genetically Modified Plants Could Become Sentinels for the Military

As concerns grow over the threat of bioterrorism and weapons... Read More

Globalization

Often we see protests at the sites of global leader... Read More

Howard Deans Big Fat Mouth

"The only time I open my mouth is when I... Read More

Global/Israeli Corruption!

What depth of blind insanity has inflicted itself upon Israel's... Read More

I am Not an African American

I am not an African-American. Don't call me an African... Read More

The Protocols of Sion #1

There is a lot of debate about who made the... Read More

Freedom on the Internet

Throughout all recorded history on our lovely little planet, Earth's... Read More

The Blessings of the Black Economy

Some call it the "unofficial" or "informal" economy, others call... Read More

Jobs and the Flow of Fuel

We see today a fierce unspoken competition between trucks and... Read More

Government Regulation Helps People

Well the title is absolute Bull Crap, but this article... Read More

Congress Considers National Data Privacy Law

Legislation was introduced into Congress this week that would establish... Read More

The Sarbanes-Oxley Act

The Sarbanes-Oxley Act Was created on July 30th 2002, by... Read More

Socialist Public Schools In America

Many parents might think it a bit farfetched to compare... Read More