GOP Senate should use two speech rule to break filibuster instead of nuke option

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President Donald Trump’s nomination of Neil Gorsuch to fill Antonin Scalia’s seat on the U.S. Supreme Court has reignited the debate over the so-called nuclear option, a procedural tool that could be used to end debate on the nomination and force an up-or-down confirmation vote.

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But what if there were a way to guarantee both an up-or-down vote on a Supreme Court nominee and debate about the nomination? What if there were a way to preserve debate while providing for a final vote? Thankfully, there is a way to accomplish that and, unlike the nuclear option, it doesn’t require any major trickery or parliamentary shenanigans. Instead, all it requires is for the Senate to abide by its own rules regarding debate. This option limits indefinite obstruction while preserving vital debate and protecting the unique nature of the Senate. Not only that, this particular strategy was even used in 1964 by Civil Rights Act proponents who were desperately trying to break a determined filibuster of that landmark legislation.

Forget about the nuclear option and embrace the two-speech rule option. Here’s how it works.

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The two-speech rule option provides the best of all worlds by addressing the concerns of both sides of the Supreme Court nomination debate. Instead of nuking debate, the two-speech rule option merely nukes obstruction. And it does so by encouraging debate and by encouraging the input of every single senator.

Current Senate practice empowers a lazy minority by allowing indefinite obstruction without requiring any effort or debate. If voters want a confirmation process that simultaneously encourages debate while limiting obstruction, they should demand that the Senate set the nuclear option aside and invoke the two-speech rule option instead.

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