Despite the manner in which the media is playing up the filibuster showdown, like it’s some WWE cage-match, the process itself is… well, quite boring.
Here is how the brawl will take place:
Probably Tuesday, the Senate will take a “test vote” to show majority support for nominee Priscilla Owen (as probably all Republicans would vote for her). After the test vote, the process leading to the nuclear option will occur.
1. Sen. Frist will raise a “point of order” to the presiding officer — most likely the lovable Dick Cheney. He’ll make the case that Owen’s nomination has been debated long enough and that only a simple majority of 51, rather than a filibuster-proof 60 votes, should be needed to confirm a nominee.
2. Cheney will rule in Frist’s favor.
3. Democrats will appeal Cheney’s ruling.
4. Republicans will ask for a vote to “table” the Democrats’ appeal. This is the vote that would actually change the rules to the so-called nuclear option. Fifty-one votes are needed to kill the appeal; Cheney would, of course, break a tie in Frist’s favor.
5. If Frist has enough votes to kill the Democrats’ appeal, he would then call for a vote on Owen’s confirmation. With the new rule in place, filibusters on judicial nominees would be prohibited; only 51 votes would be required for her confirmation. And with 55 Republican Senators, Bush’s nominees would then most likely be confirmed.
And thus ends checks-and-balances as we know it.