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1 (December 11, 2002)

handle is hein.crs/crsmthabafu0001 and id is 1 raw text is: Order Code RS20801 Updated December 11,2002 CRS Report for Congress Received through the CRS Web Cloture Attempts on Nominations Richard S. Beth Specialist in the Legislative Process Government and Finance Division Summary Cloture is the only means by which the Senate can vote to limit debate on a matter, and thereby overcome a possible filibuster. Until 1949, cloture could not be invoked on nominations, and before 1980 this action was attempted only twice. From 1949 through 2002, cloture was sought on 35 nominations, and invoked on 21. Only three of the 35 nominees were not confirmed; all three were among those on whom the Senate rejected cloture. Except in the 103 Congress (1993-1994), most of the nominations involved have been judicial. The 103 and 107'h Congress are the only ones in which cloture was sought on more than three nominations. This report is to be updated at the end of 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. Relation Between Cloture Attempts and Filibusters Senate rules place no general limits on how long consideration of a nomination (or most other matters) may last. Owing to this lack of general time limits, opponents of a nomination may be able to use extended debate or other delaying actions to prevent a vote from occurring. Although a voting majority of Senators may be prepared to vote for a nominee, the nomination cannot be confirmed as long as other Senators, presumably a voting minority, are able to prevent the vote from occurring. The use of dilatory actions for such a purpose is a filibuster. The motion for cloture is the only procedure by which the Senate can vote to place time limits on its consideration of a matter. It is therefore the Senate's most usual means of attempting to overcome a filibuster. When the Senate adopts a cloture motion on a matter, known as invoking cloture, further consideration of the matter is limited to 30 Congressional Research Service **o The Library of Congress

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