Can the Senate GOP Approve Supreme Court Nominees Without Going Nuclear?
Yes, writes Sean Davis at The Federalist, and the Senate can do so while allowing robust debate. The path, Davis argues, is via the “two speech” rule:
“By enforcing Senate rules regarding debate — specifically Rule XIX — Senate Majority Leader Mitch McConnell can guarantee an up-or-down vote on Supreme Court nominees without resorting to the nuclear option, which would kill the filibuster and instantly eliminate all debate at the whim of a simple majority. Rule XIX of the Standing Rules of the Senate plainly states that on any given question, a senator may speak only twice on the same legislative day. This clause is known in Senate parlance as the two-speech rule. No senator may speak more than two times on the same matter on the same legislative day.”