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The Contemporary Presidency : The “Nuclear Option” Has Fizzled, Again: Here's Why and What to Do about It
Author(s) -
Ba Heather,
CmehilWarn Christian,
Sullivan Terry O.
Publication year - 2020
Publication title -
presidential studies quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.337
H-Index - 5
eISSN - 1741-5705
pISSN - 0360-4918
DOI - 10.1111/psq.12679
Subject(s) - presidency , opportunism , presidential system , political science , legislation , administration (probate law) , law , law and economics , public administration , economics , politics
Senate majorities of both parties have altered the rules of debate to speed up deliberations on presidential nominees, particularly on judicial nominations. These deployments of the Senate's “nuclear option,” however, have had no demonstrable effect with respect to judicial nominations. We suggest the evidence highlights the role of “opportunism” rather that partisan obstruction in delaying nominations. We also document how thwarting opportunism by removing substantive legislation in favor of exclusively considering judgeships early in an administration's tenure can speed up deliberations. We recommend seven specific reforms along these lines to improve the appointments process.