The Senate Might Be 'Going Nuclear' Today - Here's What That Means

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Harry Reid

AP

The Senate could "go nuclear" as early as Thursday, according to multiple Democratic sources, in an attempt to reform the filibuster with regard to executive and judicial nominations.

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The plan being considered by Senate Majority Leader Harry Reid would change Senate rules by requiring only a simple majority vote to approve executive and judicial nominees. It wouldn't apply to Supreme Court nominees or the passage of ordinary legislation.

Right now, Senate rules require a 3/5 majority to confirm executive and judicial nominees. Republicans have blocked three of President Barack Obama's nominees to the U.S. Court of Appeals for the D.C. Circuit, as well as Rep. Mel Watt (D-N.C.) to head the Federal Housing Finance Agency (which oversees Fannie Mae and Freddie Mac). The mass blockade of judges, Democrats say, might leave them with no choice but to pull the nuclear trigger.

It's still unclear if Democrats have the votes for the drastic rules change - talks of which have popped up in the Senate two other times this year.

One Democratic Senate aide pointed to members of the "old guard" who have previously been skittish about going nuclear - Sens. Patrick Leahy (D-Vt.), Barbara Boxer (D-Calif.), and Dianne Feinstein (D-Calif.) - coming around this time, because they've had enough.

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"We feel really good about the count," the aide told Business Insider.

Most recently in July, the Senate appeared on the brink of "going nuclear," only to end up with a familiar last-minute deal. But the aide said that the only plausible way out of a confrontation this time would be Republicans giving in to all three D.C. Circuit Court nominations plus Watt, which would amount to a dramatic reversal from Republicans.