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

---

Think You Dont Need A License for A Wireless Microphone? Think Again

Believe it or not, every theatre, church, or Britney Spears... Read More

The True Power of Terrorism

Those of us hundreds of miles from ground zero sat... Read More

The Economics of Cloning Armies or Super Families

Let's put the religious part of the debate for a... Read More

The Absurdity of the Public School Monopoly

The notion that local governments should have almost total monopoly... Read More

Computer Cyber virus attack from hackers

Recently the CIA staged a practice simulation of a cyber... Read More

Liberalism ? A Mark Too Low A Price Too High

After the dance the piper must be paid. To help... Read More

Policy Separated from Politics

Alexander Hamilton ? Policy Separated from Politics:I am related to... Read More

Feeling Squeezed by Political Correctness

I'm starting to feel squeezed by all the political correctness... Read More

Dont Trade Rights for Security

"Those who sacrifice essential liberty for temporary safety are not... Read More

Proven Risk Youth Vs At-Risk & High-Risk Youth

In the fields of juvenile justice policy and programming, there... Read More

Uncle Sam Cracks Down Online!

In a move that rocked the online world and left... Read More

Federal Trade Commission and Dismal Performance on Mergers

Most citizens agree that we need the Federal Trade Commission... Read More

How Can We Prevent Black Outs and Protect the Grid?

The idea is to have all the important items with... Read More

Housing Bubble, Interest Rates, Timber Costs; What Has Changed?

What has really changed in the housing market with regards... Read More

Connecticut Does Not Need Further Income Tax Hikes!

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

Genetically Modified Plants Could Become Sentinels for the Military

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

How To Date Ann Coulter (If You Must)

I've decided to go public with my intentions: I will... Read More

The World of Diplomatic Backstage

De-classification of official documents have been a routine practice in... Read More

The Second Coming in Albania

Blessed with Chinese GDP growth rates (7-8% annually in each... Read More

Lawyers and Franchising

It is amazing how the Federal Trade Commission has destroyed... Read More

A Cheap Holiday in Other Peoples Misery (catching up with Mordechai Vanunu in Israel)

One of my favourite pieces of music is the Sex... Read More

Is George Bush Two-Faced?

Yes, Bush is two-faced. The two sides of the faces... Read More

War with Red China Eminent Now

An irresponsible Chinese General made a very telling comment recently.... Read More

World Moving from Socialism to Capitalism

The recent Jakarta summit of Asia and Africa brought remembrance... Read More

Monsanto Terminator Seeds

How do you feel about Terminator Seeds from Monsanto? I... Read More

Patriots and Parrots: Imprisoning Tongues in America

It can be dangerous to engage in free speech. This... Read More

More Devastating Than a Nuclear Bomb

Despite their signature on the Biological Weapons Convention of 1975,... Read More

The Halakah and Neo Cons

These leaders like the Rothschilds who backed Crowley's Hermetic Order... Read More

Why Dont We Listen To Entrepreneurs?

I just got done reading a series of articles dating... Read More

Fight Terror, With Education

A War on Terrorism? Conventional war being brought on an... Read More

Vision India - 2025 (Expectations of an Ordinary Person)

IntroductionThe way one lyrist has written, "Hum logo ko samajh... Read More

The G-8 and Other Figureheads

The Presidents Before Washington:From the moment that the first Declaration... Read More

Global/Israeli Corruption!

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