Filibustering and Majority Rule in the Senate: the Contest over Judicial Nominations, 2003-2005

Gregory Koger, University of Miami

Abstract

This chapter proves a simple point: the Senate could be a much more majoritarian chamber than it is. Presumably, as in the House, the majority party would benefit from restrictions on filibustering. Howevver, senators have been reluctant to make major reforms, even when they are members of the majority party and their party’s agenda is being thwarted by Senate minorities. The”nuclear option” contest over judicial nominations from 2003 to 2005 illustrates one source of this stability: the minority party may refrain from obstruction in the face of a threat to curtail the right to filibuster.