Changes

It has been argued that ''Ballin'' does not apply to the Senate because the Senate is in continuous session. As president of the Senate, Vice President Richard Nixon responded to a parliamentary inquiry on this matter in 1957. Nixon's opinion states that the constitution grants the presiding officer the authority to disregard Senate rules, provided that his ruling is later upheld by majority vote. The procedure Nixon outlined was used for the first time by Vice President Hubert Humphrey in 1967. On this occasion, the Senate upheld precedent and did not support the presiding officer. In 1975, the procedure was used three times. The Senate initially voted to support the presiding officer each time, overturning precedent. These votes were later reversed as part of a compromise that featured a dramatic reform of the [[filibuster]].<ref>Martin Gold, Dimple Gupta, "[http://www.law.harvard.edu/students/orgs/jlpp/Gold_Gupta_JLPP_article.pdf The constitutional option to change Senate rules and procedures: A majoritarian means to overcome the filibuster]", ''Harvard Journal of Law and Public Policy'', 2004.</ref> Senator Trent Lott applied the name "nuclear option" to the procedure in 2003.

It has been argued that ''Ballin'' does not apply to the Senate because the Senate is in continuous session. As president of the Senate, Vice President Richard Nixon responded to a parliamentary inquiry on this matter in 1957. Nixon's opinion states that the constitution grants the presiding officer the authority to disregard Senate rules, provided that his ruling is later upheld by majority vote. The procedure Nixon outlined was used for the first time by Vice President Hubert Humphrey in 1967. On this occasion, the Senate upheld precedent and did not support the presiding officer. In 1975, the procedure was used three times. The Senate initially voted to support the presiding officer each time, overturning precedent. These votes were later reversed as part of a compromise that featured a dramatic reform of the [[filibuster]].<ref>Martin Gold, Dimple Gupta, "[http://www.law.harvard.edu/students/orgs/jlpp/Gold_Gupta_JLPP_article.pdf The constitutional option to change Senate rules and procedures: A majoritarian means to overcome the filibuster]", ''Harvard Journal of Law and Public Policy'', 2004.</ref> Senator Trent Lott applied the name "nuclear option" to the procedure in 2003.

In November 2013, the nuclear option was used to by majority leader Harry Ried (D-Nev.) to allow all presidential nominations, aside from nominees to Supreme Court, to be confirmed by majority vote. In April 2017, the nuclear option was invoked again by Mitch McConnell (R-Ky.). This time, Senate rules were revised to extend the majority vote rule to Supreme Court nominations. The rule change is intended to allow the confirmation of Judge Neil Gorsuch.<ref>"[http://thehill.com/homenews/senate/327591-gop-triggers-nuclear-option-gutting-filibuster-in-gorsuch-fight GOP triggers 'nuclear option,' gutting filibuster in Gorsuch fight]," ''The Hill'', 04/06/17.</ref>

In November 2013, the nuclear option was used to by Majority Leader Harry Ried (D-Nev.) to allow all presidential nominations, aside from nominees to the Supreme Court, to be confirmed by majority vote. In April 2017, the nuclear option was invoked again by Majority Leader Mitch McConnell (R-Ky.). This time, Senate rules were revised to extend the majority vote rule to Supreme Court nominations. The rule change is intended to allow the confirmation of Judge Neil Gorsuch.<ref>"[http://thehill.com/homenews/senate/327591-gop-triggers-nuclear-option-gutting-filibuster-in-gorsuch-fight GOP triggers 'nuclear option,' gutting filibuster in Gorsuch fight]," ''The Hill'', 04/06/17.</ref>

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