# Confirmation of Biden's cabinet **URL:** \ **Category:** Politics & Elections\ **Created:** [January 17, 2021, 2:07am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707 "2021-01-17T02:07:21Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![velomont](https://avatars.discourse-cdn.com/v4/letter/v/8491ac/32.png) [@velomont](https://boards.straightdope.com/u/velomont)\ **Post date:** [January 17, 2021, 2:07am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/1 "2021-01-17T02:07:21Z")
With the Democratic party in control of both the house and the senate, can Republicans still reject Biden’s cabinet choices? (Note: IANA American so excuse my ignorance if my terminology is buggered up). ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 17, 2021, 2:19am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/2 "2021-01-17T02:19:22Z")
The vote on confirmation in the Senate is a simple majority. Although there is tie in the number of Senators, Vice President Harris gets the tie-breaking vote. So as long as all Democrats agree on the nominee he or she will be confirmed. (The filibuster for cabinet appointments was eliminated in 2013.) ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [January 17, 2021, 2:21am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/3 "2021-01-17T02:21:53Z")
How much can they drag things out - just to be pains in the asses? ---
**Author:** ![lum\_s\_husband](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lum_s_husband/32/3698_2.png) [@lum\_s\_husband](https://boards.straightdope.com/u/lum_s_husband)\ **Post date:** [January 17, 2021, 2:30am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/4 "2021-01-17T02:30:18Z")
Over/under on number of democratic votes to reinstate the filibuster in full? I’d say three. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 17, 2021, 2:35am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/5 "2021-01-17T02:35:27Z")
I have no idea what you mean by that. ---
**Author:** ![lum\_s\_husband](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lum_s_husband/32/3698_2.png) [@lum\_s\_husband](https://boards.straightdope.com/u/lum_s_husband)\ **Post date:** [January 17, 2021, 2:50am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/6 "2021-01-17T02:50:03Z")
The senate votes on rules including the filibuster at the beginning of each congress. I think there are at least 3 Ds in the tradition caucus. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [January 17, 2021, 3:04am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/7 "2021-01-17T03:04:17Z")
The Senate does not vote to adopt rules at the start of each session – unlike the House, the Senate has sat as a continuously body since its first meeting in the 18th century. They can vote to change their rules, but that takes a 2/3 vote. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [January 17, 2021, 3:33am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/8 "2021-01-17T03:33:51Z")
This can’t be right, can it? There’s no way they got 2/3 to eliminate the filibuster for Supreme Court Justices, for example. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [January 17, 2021, 3:38am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/9 "2021-01-17T03:38:02Z")
> [@RitterSport](#): > > This can’t be right, can it? There’s no way they got 2/3 to eliminate the filibuster for Supreme Court Justices, for example. The Nuclear Option: > The **nuclear option** is a [parliamentary procedure](https://en.wikipedia.org/wiki/Parliamentary_procedure) that allows the [United States Senate](https://en.wikipedia.org/wiki/United_States_Senate) to override a standing rule of the Senate, such as the 60-vote rule to [close debate](https://en.wikipedia.org/wiki/Cloture), by a simple majority of 51 votes, rather than the two-thirds [supermajority](https://en.wikipedia.org/wiki/Supermajority) normally required to amend the rules. The option is invoked when the majority leader raises a [point of order](https://en.wikipedia.org/wiki/Point_of_order) that contravenes a standing rule, such as that only a simple majority is needed to close debate on certain matters. The [presiding officer](https://en.wikipedia.org/wiki/Presiding_Officer_of_the_United_States_Senate) denies the point of order based on Senate rules, but the ruling of the chair is then appealed and overturned by majority vote, establishing new precedent. > > This procedure uses Rule XX to allow the Senate to decide any issue by simple majority vote, regardless of Rule XXII, which requires the consent of 60 senators (out of 100) to end a [filibuster](https://en.wikipedia.org/wiki/Filibuster) for legislation and 67 for amending a Senate rule. The term “nuclear option” is an [analogy](https://en.wikipedia.org/wiki/Analogy) to [nuclear weapons](https://en.wikipedia.org/wiki/Nuclear_weapons) being the most extreme option in warfare. > > In November 2013, Senate Democrats led by [Harry Reid](https://en.wikipedia.org/wiki/Harry_Reid) used the nuclear option to eliminate the 60-vote rule on executive branch nominations and federal judicial appointments.[[1]](https://en.wikipedia.org/wiki/Nuclear_option#cite_note-1) In April 2017, Senate Republicans led by [Mitch McConnell](https://en.wikipedia.org/wiki/Mitch_McConnell) extended the nuclear option to Supreme Court nominations in order to end debate on the nomination of [Neil Gorsuch](https://en.wikipedia.org/wiki/Neil_Gorsuch). [SOURCE](https://en.wikipedia.org/wiki/Nuclear_option) ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [January 17, 2021, 3:44am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/10 "2021-01-17T03:44:17Z")
The filibuster isn’t mentioned anywhere in the Senate rules. It developed as a consequence of some rules decisions early in the history of the Senate, and it’s impact and operation has been modified over time through both formal rules changes and modifications to precedents. The thing to understand about the Senate rules are that they’re just one part of how the Senate is governed, and not necessarily the most important part. At least as important are the body of Senate precedents, which once established are treated as binding on the chamber. But a precedent can be overturned by appealing the ruling of the chair, which only requires support by a majority of Senators. That’s how precedents were overturned to eliminate filibusters for all non-Supreme Court nominees in 2013, and for Supreme Court nominees in 2017. Or, on preview, what @Whack-a-Mole said. ---
**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\ **Post date:** [January 17, 2021, 3:55am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/11 "2021-01-17T03:55:47Z")
Thanks, both of you! ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [January 17, 2021, 4:26am UTC](https://boards.straightdope.com/t/confirmation-of-bidens-cabinet/930707/12 "2021-01-17T04:26:16Z")
> [@Dinsdale](#): > > How much can they drag things out - just to be pains in the asses? There have to be committee hearings by the committee that oversees the subject of that particular department (sometimes multiple committees). However, I assume the chair of each committee will be a Democrat and be able to prevent drawing the hearings out excessively.