A Rules-Based Strategy for Overcoming Minority Obstruction of a Supreme Court Nomination

Heritage Foundation Backgrounder No. 3187, 23 January (2017). (with Ed Corrigan)


The current Standing Rules of the Senate empower a majority of the institution’s members to overcome a filibuster and confirm a nominee to serve on the U.S. Supreme Court. Specifically, persistent minority obstruction may be curtailed by strictly enforcing Rule XIX (the two-speech rule) on the Senate floor. Doing so simply requires the Senate to remain in the same legislative day until the filibustering members have exhausted their ability to speak on the nominee in question.