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Senate eliminates filibuster for most nominees in 52-48 vote

Reid invokes nuclear option after 82 Obama nominees blocked·November 21, 2013

On November 21, 2013, the Senate voted 52-48 to eliminate the 60-vote filibuster threshold for most presidential nominees. Majority Leader Harry Reid raised a point of order that cloture could be invoked by simple majority. The presiding officer ruled against him, but the Senate overturned that ruling and set a new precedent.

The change came after Republicans blocked 82 cloture motions on nominations during the Obama administration, nearly half of all cloture motions on nominations since 1949. Three pending D.C. Circuit nominees and 59 executive branch nominees awaited confirmation.

Three Democrats voted against the change: Carl Levin, Joe Manchin, and Mark Pryor. The text of Senate Rule XXII was never changed; only the precedent for its interpretation changed. Republicans later extended this precedent to Supreme Court nominees in April 2017.

Key facts

On November 21, 2013, the Senate voted 52-48 to set a new precedent allowing simple majority cloture on presidential nominees other than Supreme Court picks. This became known as the nuclear option.

Majority Leader Harry Reid raised a point of order that cloture for nominations required only a simple majority. The presiding officer overruled him. Reid then appealed to the full Senate.

The Senate voted 48-52 against sustaining the presiding officer's decision, effectively overturning centuries of precedent. Three Democrats joined all Republicans: Carl Levin, Joe Manchin, and Mark Pryor.

The change responded to Republican obstruction during the Obama presidency. Since 1949, there had been 168 cloture motions on nominations. Nearly half (82) occurred during 2009-2013 under Obama.

At the time of the vote, 59 executive branch nominees and 17 judicial nominees awaited confirmation. Republicans had blocked three nominees to the D.C. Circuit Court of Appeals.

The text of Senate Rule XXII was never amended. The Senate simply set a new precedent for interpreting the existing rule. Sixty votes are still required for legislation and Supreme Court nominees.

On April 6, 2017, Senate Republicans used the same procedure to eliminate the filibuster for Supreme Court nominees. Majority Leader Mitch McConnell invoked it to confirm Neil Gorsuch.