Cloture Attempts on Nominations

Publication Date: April 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

Cloture is the only means by which the Senate can vote to limit debate on a matter, and thereby overcome a possible filibuster. It would be erroneous, however, to assume that cases in which cloture is sought are the same as those in which a filibuster occurs. Cloture may be sought when no filibuster is taking place, and filibusters may occur without cloture being sought.

Until 1949, cloture could not be invoked on nominations, and before 1980 this action was attempted only twice. From the 96th Congress (1979-1980) through the 102nd (1991-1992), cloture was never sought on more than three nominations in a single Congress, but since then this level has been exceeded three times.

From 1949 through 2004, cloture was sought on 49 nominations, and invoked on 21. Except in the 103rd Congress (1993-1994), most of the nominations involved have been judicial. Fourteen of the 49 nominees were not confirmed, all of whom were among the 18 on whom the Senate rejected cloture. Eleven of the 14 nominations not confirmed were considered during the 108th Congress (2003-2004).

Cloture has been sought on two nominations to the Supreme Court. In 1968, a cloture vote on the motion to proceed to consider the nomination of Abe Fortas to be Chief Justice failed. In 1971, when he was first appointed to the court, and again in 1986 when he was nominated to be Chief Justice, opponents of William H. Rehnquist mounted a filibuster. Though the cloture vote in 1971 was unsuccessful, Rehnquist was confirmed to the court; in 1986, the cloture vote was successful.

This report is to be updated after each Congress in which additional nominations are subjected to cloture attempts. Filibusters and cloture are discussed more generally in CRS Report RL30360, Filibusters and Cloture in the Senate. The process by which the Senate considers nominations is discussed more generally in CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, and CRS Report RL31948, Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History.