The Nuclear Option - An Action Alert from The Arc and UCP Disability Policy Collaboration
April, 2005
Urge Your Senators to Oppose the "Nuclear Option" Take Action!
BACKGROUND:
For more than 200 years, the standing Rules of the Senate have required a two-thirds vote to change any of the Senate's rules. One of the most important of those rules involves the "filibuster".
By definition, the "filibuster" permits "extended debate," and gives a Senator the right to speak at length, without time restrictions, unless 60 members of the Senate vote to stop him or her from speaking. Most often, it is used to delay votes on controversial issues.
The filibuster is a critical part of the Senate's constitutional responsibility of "advice and consent" and our government's system of "checks and balances". Many current and former Senators view the filibuster as a protection against partisan extremism. In fact, former Senate Majority Leader Howard Baker (R-TN) called the filibuster "one of the pillars of American Democracy, the protection of minority rights from majority rule".
STATUS:
Now, Senate Republicans are threatening to resort to the so-called "nuclear option," which permits changing a rule without the traditionally required majority, and eliminate the possibility of the filibuster on judicial nominations. The "nuclear option" would involve a motion by a Senator (probably Senator Bill Frist, (R-TN)) to change the rule on filibustering with a simple majority vote. With 55 Republican Senators, it may not be difficult to do.
The major problem is that Senate rules do not distinguish between filibustering judicial nominations and filibustering legislation, making this debate more than just about judicial nominations. The "nuclear option" could potentially leave Senators in the minority without any ability to stop harmful legislation, like the ADA Notification Act and other weakening amendments to disability laws, that affect people with disabilities.
ACTION NEEDED:
It is crucial that we work to protect the U.S. Senate's constitutional role of "advice and consent" by opposing any efforts to eliminate a Senators' right to filibuster.
E-mail your Senators NOW and urge them to oppose the "Nuclear Option".
SAMPLE CONSTITUENT LETTER:
Dear Senator :
I am deeply dismayed at the looming plan to dismantle one of the only protections the minority party in the Senate has ever had, the filibuster. In addition to protecting the minority party, the filibuster has often served to protect minority populations as well as those in our society who may be disadvantaged and without a voice among the majority. People with disabilities comprise such a minority, and depend on every protection available to achieve and maintain laws that ensure their civil rights and access to all aspects of the fabric of American life for our constituency.
The current plan to diminish the power of the filibuster could drastically weaken the Senate’s constitutional duty of “advice and consent.” I urge you to protect the honored traditions of the U.S. Senate and strive to work toward a spirit of bipartisanship.
The laws of our country, as well as the courts, belong to all Americans, not just the party in power. Throughout American history, the Senate filibuster has served as an important element of our checks and balances system, preventing a partisan majority from ruling without opposition, while promoting bipartisan compromise and moderation. It has served as an important government check, particularly when one political party controls all three branches of government.
I urge you to continue to support the Senate’s constitutional role and oppose any efforts to eliminate the Senators’ right to filibuster. Either party can find itself in the minority. Rather than destroy the Senate’s honored traditions, there are better ways to end procedural delays on judicial nominations or on legislation.
Sincerely,
Member Benefits | About AAPD | Join | Disability Resources | News | Contact Us | Calendar | Home