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On the Decision of the Chair PN527: Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit

Nov 21, 2013 at 12:10 p.m. ET.

This vote invoked the "nuclear option" in which the Senate's rules for cloture were revised by a simple majority vote.

Prior to this vote, cloture on presidential nominations required a 3/5ths threshold of all elected senators, the same threshold as for legislation. Sen. Harry Reid raised a point of order that "cloture under rule XXII for all nominations other than for the Supreme Court of the United States is by [simple] majority vote." Reid's point of order was incorrect: A plain reading of the rules required a 3/5th majority, not a simple majority. But Reid raised the point of order to force a vote.

The chair ruled against Reid's point of order. In this vote, the Senate votes on the chair's decision. A vote in favor is a for the chair's decision, that the Senate's rules remain as plainly written. A vote against was a vote in support of Reid's point of order, in which the rules of the Senate are considered to require a simple majority --- putting aside the plain language of the rules.

The vote failed, overruling the chair, and making Reid's interpretation of the rules the new rules for cloture. Although Reid's point of order maintained the 3/5ths threshold for Supreme Court nominations, this was changed through the same procedural method in a vote on April 6, 2017.

See https://en.wikipedia.org/wiki/Nuclear_option#Events_of_November_2013.

Totals

All Votes D R I
Yea 48%
 
 
 
48
3
 
45
 
0
 
Nay 52%
 
 
 
52
50
 
0
 
2
 

Decision of Chair Not Sustained. Simple Majority Required. Source: senate.gov.

The Nay votes represented 55% of the country’s population by apportioning each state’s population to its voting senators.

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